THE BANGLADESH LABOUR ACT, 2006, CHAPTER XIII

CHAPTER XIII

TRADE UNIONS AND INDUSTRIAL RELATIONS

  1. Special definition of worker.—In this Chapter, unless there is anything repugnant in the subject or context, ‘worker’ means a worker as defined in section 2 (65), and includes, for the purpose of any proceedings under this Chapter in relation to an industrial dispute, a worker who has been laid off, retrenched, discharged, dismissed or otherwise removed from employment in connection with or as a consequence of such dispute or whose lay-off, retrenchment, discharge, dismissal, or removal has led to that dispute; but does not include a member of the watch and ward or security staff, fire-fighting staff and confidential assistant of any establishment.
  2. Trade union of workers and employers.—Subject to the provisions of this Chapter,—
  • all workers shall, without distinction whatsoever, have the right to form trade union primarily for the purpose of regulating the relations between workers and employers, or between workers and workers and, subject to the constitution of the union concerned, to join trade union of their own choice;
  • all employers shall, without distinction whatsoever, have the right to form trade union primarily for the purpose of regulating the relations between employers and workers, or between employers and employers and, subject to the constitution of the union concerned, to join trade union of their own choice;
  • the trade unions of workers and those of employers shall have the right to form and join federations and any such union or federation shall have the right to affiliate with any international organisation or confederation of organizations of workers or employers; and
  • the trade unions and the employers’ associations shall have the right to make their own constitution and rules, to elect their own representatives with full independence, to organize their administration and activities and to formulate their programmes1^]

2[(e) in an establishment where a trade union shall be formed, if 20% (twenty percent) of the total working force or members are women, the union executive committee shall have at least 10% (ten percent) women members:

Provided that the union registered under this Act shall be controlled by this Act.]

  1. Application for registration.—3[(1)] Any trade union may, under the signatures of its Chairman and Secretary, apply for registration to the Registrar of the Trade Union of the concerned area under this Chapter.

4[(2) The Registrar of Trade Unions mentioned in sub-section (1) shall mean the Director of Labour or any representative authorized by him in this behalf.]

  1. Requirements for application.—(1) An application for registration of a trade union shall be made to the Director of Labour or to the officer authorized in this behalf.
  • The application shall be accompanied by the following particulars, namely:—
  • a statement providing the following information, namely:—
  • the name of the trade union and the address of its head office,
  • the date of formation of the trade union,
  • the 5[names, father’s and mother’s names,] ages, addresses, occupations and the posts in the union of the officers of the trade union,
  • a statement of all members paying subscriptions,
  • the name of the establishment to which the trade union relates and the total number of workers employed or working therein;
  • in case of a federation of trade unions, the names, addresses and registration numbers of its member-unions;

xThe semi-colon was substituted for the full stop by section 48 of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013). 2 Clause (e) was added by section 48 of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

3The brackets and figure “(1)” were inserted by section 49 of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013). 4Sub-section (2) was added by section 49 ofthe Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

5The words and coma “names, father’s and mother’s names” were substituted for the word “name” by section 50(a) ofthe Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

  • three copies of the constitution of the trade union together with a copy of the resolution by the members of the trade union adopting such constitution bearing the signature of the Chairman of the meeting;
  • a copy of the resolution by the members of the trade union authorizing its Chairman and Secretary to apply for its registration; and
  • in case of a federation of trade unions, a copy of the resolution by each of the constituent unions agreeing to become a member of the federation.

![(3) The Director of Labour or the officer authorized in this behalf shall, on receipt of the registration of a trade union for a group of establishments under sub-section (1), issue a public notice containing a copy thereof and a list of the office-bearers of the union at the expenses of the applicant.]

  1. Requirements for registration.—(1) A trade union shall not be entitled to registration under this Chapter, unless its constitution provides for the following matters, namely:—
  • the name and address of the trade union;
  • the purpose of the formation of the trade union;
  • the manner in which a worker may become a member of the trade union, specifying therein that no worker shall be enrolled as its member unless he applies in the form set out in the constitution declaring that “he is not a member of any other trade union”;
  • the sources of the fund of the trade union and description of the purposes for which such fund shall be utilized;
  • the conditions under which a member shall be entitled to any benefit assured by the constitution of the trade union and under which any fine or forfeiture may be imposed on any member;
  • the maintenance of the list of the members of the trade union and adequate facilities for inspection thereof by its officers and members;
  • the manner in which the constitution may be amended, varied or rescinded;
  • the safe ^maintenance] of the funds of trade union, its annual audit, the manner of audit, and adequate facilities for inspection of the books of account by the officers and members of the trade union;
  • the manner of dissolution of the trade union;
  • the manner of election of officers of the trade union by its general members and the term of the officers which shall not, in any way, be more than 2 (two) years 2[and, in the case of group of establishments, the term of office of the officers shall not be more than 3 (three) years:

Provided that if no election is held within 2 (two) years in the case of trade union or within 3 (three) years in the case of group of establishments for state emergency, force majeure or similar other reasons, the committee constituted as above shall not be declared illegal;]

  • the number of the officers which shall not be less than 5 (five) and not more than 35 (thirty-five) as may be prescribed by rules;
  • the manner of expressing no confidence against the officers of the trade union; and
  • the meetings of the executive committee and of the general members of the trade union which shall be, in the case of the executive committees, at least once in every 3 (three) months, and, in the case of the general members, at least once every year.
  • A trade union of workers shall not be entitled to registration under this Chapter, unless it has a minimum membership of 30% (thirty percent) of the total number of workers employed in the establishment in which it is formed:

Provided that where more than one establishments under the same employer are allied to and connected with one another for the purpose of carrying out the same industry, they shall irrespective of their place of situation, be deemed to be one establishment for the purpose of this sub-section.

3[(2a) The Director of Labour or the officer authorized in this behalf shall verify the correctness of the particulars mentioned in sub-clause (v) of clause (a) of sub-section (2) of section 178 and in this section by visiting the establishment concerned or by collecting the list from the establishment authority.]

xThe word “maintenance” was substituted for the word “custody” by section 51(a)(i) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

2The words, commas, figure, brackets and colon “and, in the case of group of establishments, the term of office of the officers shall not be more than 3 (three) years:” and the proviso thereafter were inserted by section 51(a)(ii) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

3Sub-section (2a) was inserted by section 51(b) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

  • Where any doubt or dispute arises as to whether two or more establishments are under the same employer, or whether they are allied to and connected with one another for the purpose of carrying out the same industry, the matter may be referred to the Director of Labour for settlement.
  • Any person aggrieved by the decision of the Director of Labour under sub­section (3), may, within 30 (thirty) days of the date of decision, prefer an appeal to the Labour Court, and the decision of the Labour Court in this matter shall be final.
  • ![No registration shall be provided to more than 3 (three) trade unions] at any time in an establishment or group of establishments.
  1. Disqualification for being an officer or a member of a trade union.—(1)

Notwithstanding anything contained in the constitution of a trade union, a person shall be disqualified for election as, or for being, an officer or a member of a trade union who—

  • has been convicted of a criminal offence involving moral turpitude or of an offence under section 196 (2) (d) or section 298 and unless a period of 2 (two) years has elapsed since his release;
  • is not employed or working in the establishment in which the trade union is formed2[:]

3[Provided that in the case of the nationalized industrial sector, the members of a union may, if they desire, elect 10% (ten percent) of the total officials of the executive committee of that union from amongst the persons who are not working in the concerned establishment.]

  • Nothing is sub-section (1) (b) shall apply to any federation of trade unions.
  1. Registered trade unions to maintain register, etc.—Every registered trade union shall maintain the following registers or books in such form as may be prescribed by rules, namely:—
  • a register of members, which shall contain the particulars of subscriptions paid by each member;
  • an accounts book, in which the receipts and expenditure shall be shown; and
  • a minute book, in which all kinds of minutes shall be recorded.

*The words “No registration shall be given to more than three trade unions” were substituted for the words “There shall be given to more than three trade registered trade unions” by section 51(c) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

2The colon “:” was substituted for the full stop “.” by section 52 of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013). 3The proviso was inserted by section 52 of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

  1. —(1) The Director of Labour shall, on being satisfied that a trade union has complied with all the requirements of this Chapter, register that trade union in the register prescribed by rules and shall issue a registration certificate in the form prescribed by rules, within a period of 60 (sixty) days from the date of receipt of the application for registration.
  • If the Director of Labour finds the application to be deficient in any material respect, he shall communicate in writing his objection regarding thereto to the trade union within a period of 15 (fifteen) days of the receipt of the application, and the trade union shall reply thereto within a period of 15 (fifteen) days of the receipt of objection.
  • When the objection raised by the Director of Labour is satisfactorily met, he shall register the trade union as provided in sub-section (1); and if the objection is not satisfactorily met, he shall reject the application.
  • Where the Director of Labour rejects any application or after meeting the objection does not dispose of an application within a period of 60 (sixty) days as referred to in sub-section (1), the trade union concerned may, within a period of 30 (thirty) days from the date of such rejection or the date of expiry of such period, whichever is earlier, prefer an appeal to the Labour Court.
  • Where, after hearing the appeal, the Labour Court thinks proper, it may, for reasons to be stated in its judgment, pass an order directing the Director of Labour to register the trade union and to issue a certificate of registration within a period of 7 (seven) days from the date of registration or may dismiss the appeal.
  • Any party aggrieved by the judgment of the Labour Court under sub­section (5) may prefer an appeal to the Labour Appellate Tribunal within 30 (thirty) days from the date of receipt of the order of the Labour Court.
  1. Registration of trade unions in a group of establishments.—(1)

Notwithstanding anything contained in this Chapter, for the purpose of formation of a trade union any group of establishments shall be treated as one establishment, and no separate trade union shall be formed in any establishment included in such group of establishments.

  • For the purposes of this section “a group of establishments” shall mean all the establishments in a specified area carrying on the same specified industry where more than 20 (twenty) workers are employed.
  • Notwithstanding anything contained in sub-section (2), all the establishments, irrespective of the number of workers employed therein, in a specified area carrying on any of the following industries shall be deemed to be a group of establishments for that area, namely:—

1[(a) bus, minibus, truck, covered van, etc. private motorized road transport;

(aa)    rickshaw, rickshaw-van, hand-cart, etc. private non-motorized road transport;]

  • private inland river transport;
  • tailoring and garments manufacturing industry wherein not more than 100 (one hundred) workers are employed;
  • tea industry;
  • jute bailing;
  • tannery industry;
  • bidi;
  • handloom;
  • hosiery;
  • printing press;
  • hotels or motels where number of guest rooms does not exceed 25 (twenty five);
  • restaurant not forming part of a hotel;
  • small-scale metal industry;
  • book-binding;
  • cinema and theatre1^]

2[(p) ship building;

(q)       ship recycling;

(r)        construction worker;

(s)        chatal or rice mill worker;

(t)        agricultural farm:]

Provided that the Government may, if it deems fit in the national interest, by notification in the official Gazette, add any industry to the above list of industries.

  • The specified area as mentioned in sub-section (2) or (3) shall mean such area as may be specified by the Government, by notification in the official Gazette, for any specified industries; and such area may be specified at national, regional or local level; and different areas may be specified for different industries.
  • The specified industries as mentioned in sub-section (2), shall mean such industries as the Government may, by notification in the official Gazette, specify for the purpose.

xThe semi-colon “;” was substituted for the colon by section 53(b) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

  • A trade union formed in a group of establishments may be registered, if it has members not less than thirty percent of the total number of workers employed in all establishments included in such group of establishments.
  • Notwithstanding anything contained in this Chapter, if the constitution of any trade union formed in a group of establishments provides that a person who is not employed in an establishment included in the said group of establishments shall be entitled to be, or to be elected, an officer of that trade union, any such person may be elected, or continue to be, an officer of that union:

Provided that the number of such persons shall not in any case be more than ith (one fourth) of the total number of its officers.

  • Subject to the provisions of this section, all other sections of this Chapter shall apply to a trade union formed in a group of establishments as they apply to a trade union formed in an independent establishment.
  1. Registration of trade union in civil aviation establishments.—(1)

Notwithstanding anything contained in this Chapter, where any recognized international organisation exists in respect of any specialized occupation or service in the field of civil aviation, the workers employed in such occupation or service may form trade union of their own in the civil aviation in Bangladesh, if such trade union is necessary for affiliation with such international organization.

  • The workers employed in every such occupation or service in a civil aviation establishment may form only one trade union.
  • No such trade union shall be registered unless more than half of the total number of workers employed in the occupation or service concerned applies in writing for such registration stating the name of the international organization with which it shall be affiliated.
  • The registration of such trade union shall be liable to be cancelled if it is not affiliated to the international organisation concerned within 6 (six) months of its registration or if any time ceases its affiliation with that organization.
  1. Registration of trade union of seamen.—(1) Notwithstanding anything contained in this Chapter, Bangladeshi seamen ordinarily serving in oceangoing ships may form trade union of their own.
  • No seaman shall be a member of such trade union unless he has a continuous discharge certificate or an appointment letter showing his employment as a seaman in any establishment of merchant shipping business.
  • Only 1 (one) trade union of seamen shall be formed under this Chapter.

![185A. Registration of trade union in Chittagong Port Authority and Monlga Port Authority, etc.—(1) Notwithstanding anything contained in this Chapter, the employees in the service of the Chittagong Port Authority and the Mongla Port Authority may form their own trade union.

  • The employees employed in the Chittagong Port Authority and the Mongla Port Authority may form only one trade union in their respective authority.
  • Subject to the provisions of sub-section (5), the workers and employees employed in the work with appointment letter given by the users of the Chittagong Port and the Mongla Port, berth-operators, ship handling operators and other establishments related to the ports may collectively form only one trade union in their respective port.
  • The employers of workers in the Chittagong Port Authority and the Monlga Port Authority may collectively form only one trade union in their respective Authority.
  • No worker or employee shall be a member of a trade union under sub­section (3), unless—
  • he has been employed for a continuous period of more than 1 (one) year in any port user, berth operator, ship handling operator and other establishments related to the port; and
  • he has a letter of appointment as a worker or employee.
  • The trade union shall be formed pursuant to this section within 6 (six) months of the commencement of the Bangladesh Labour (Amendment) Act, 2009.
  • All existing trade unions formed for the employers of workers, and for the appointed employees in the Chittagong Port Authority and the Mongla Port Authority and for other employers, workers and employees related with the port activities shall stand dissolved upon the formation of trade union under this section or with the expiry of 6 (six) months as mentioned in sub-section (6).
  • Notwithstanding anything contained in any other section of this Act, the Government may, in the public interest,—
  • subject to the other provisions of this Act, control in any manner the activities of the trade union formed under this section; and
  • take measures to cancel the registration of any trade union under section 190.]
  1. Conditions of service shall remain unchanged while application for registration is pending.—(1) No employer shall, while an application for registration of a trade union formed in his establishment is pending, alter the terms and conditions of service of any officer of that union, without prior permission of the Director of Labour, to the disadvantage of such officer.
  • Notwithstanding anything contained in section 26, no employer shall, while an application for registration of a trade union is pending, terminate the employment of any worker under that section who is a member of such trade union.
  1. Chairman and certain officers not to be transferred.—The Chairman and any officer including, ^General Secretary or any other officer] of any trade union shall not be transferred from one district to another without their consent.
  2. Notice in the cases of certain changes in the constitution and executive committee.—(I) Every amendment made in the constitution of a trade union, every change among its officers, and change in its name and address shall be communicated to the Director of Labour by a notice sent by registered post or delivered by hand, within 15 (fifteen) days of such amendment or change, and the Director of Labour shall after receipt of such notice forthwith send a copy thereof to the employer concerned for his information.
  • The Director of Labour may refuse to register any such amendment or change if it is made in contravention of any provision of this Chapter or of the constitution of the trade union.
  • Every inclusion or exclusion of any constituent unit of a federation of trade unions shall be communicated to the Director of Labour by a notice sent to him by registered post, within 60 (sixty) days of such inclusion or exclusion.
  • If there is any dispute in relation to the change of officers of a trade union, or any trade union is aggrieved by the order of refusal of the Director of Labour under sub-section (2), any officer or member of such trade union may prefer an appeal to the Labour Court.
  • The Labour Court may, after hearing the appeal within 7 (seven) days of receipt thereof under sub-section (4), if it thinks proper, pass an order, for reasons to be recorded in writing, directing the Director of Labour to register the amendment or change in the constitution or among the officers of the trade union or to hold fresh election of the union under his supervision.
  1. Certificate of registration.—The Director of Labour, on registering a trade union under section 182, shall issue a certificate of registration in the form prescribed by rules and such certificate shall be conclusive evidence that the concerned trade union has been duly registered under this Chapter. [1]
  2. Cancellation of registration.—(1) Subject to other provisions of this section, the Director of Labour may cancel the registration of a trade union, if—
  • the trade union applies for cancellation of registration;
  • it ceased to exist;
  • it obtained registration by fraud or by misrepresentation of facts;
  • it contravened any of the basic provisions of its constitution;
  • it committed any unfair labour practice;
  • its membership has fallen short of the number of membership required under this Chapter; or
  • it contravened any provision of this Chapter or the rules.
  • Where the Director of Labour is satisfied on enquiry that the registration of a trade union should be cancelled, he shall submit an application to the Labour Court praying for permission to cancel such registration.
  • The Director of Labour shall cancel the registration of a trade union within 30 (thirty) days from the date of receipt of the permission from the Labour Court.
  • The registration of a trade union shall not be cancelled on the ground mentioned in sub-section (1) (e), unless an application is submitted to the Labour Court within 3 (three) months of the occurrence of unfair labour practice by such trade union mentioned in the allegation.
  1. Appeal against permission, etc.—(1) Any person aggrieved by the order of the Labour Court granting the permission to cancel registration of a trade union or rejecting such prayer for permission under section 190 or by the order of cancellation of the registration of a trade union by the Director of Labour under that section may, within 30 (thirty) days from the date of the order, prefer an appeal to the Tribunal and the decision of the Tribunal thereon shall be final.

(2) Where an appeal is preferred under sub-section (1), the trade union concerned shall be permitted to function till the disposal of appeal.

  1. No trade union to function without registration.—(1) If a trade union is not registered or its registration is cancelled, it shall not, subject to the provisions of section 191(2), function as a trade union.

(2) No person shall collect any subscription, other than enrollment fee for membership, for the fund of a trade union mentioned in sub-section (1).

  1. Restriction on dual membership.—No worker or employer shall be entitled to enroll himself as, or continue to be, a member of more than one trade union at a time at the same establishment.
  2. Incorporation of registered trade union.—(1) Every registered trade union shall be a body corporate by the name under which it is registered, and it shall have perpetual succession and a common seal, and shall have power to enter into contract and to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue or be sued.

(2) The Societies Registration Act, 1860 (Act XXI of 1860), the Co-operative Societies Ordinance, 1985 (Ordinance No. I of 1985) and the Companies Act, 1994 (Act No. XVIII of 1994) shall not apply to any registered trade union, and the registration of any trade union under any of these Acts shall be void.

  1. Unfair Labour practices on the part of the employers.—No employer or the trade union of employers or any person acting on their behalf shall—
  • impose any condition in a contract of employment restraining the right of the worker concerned to join a trade union or continue his membership of a trade union ;
  • refuse to employ or refuse to keep in employment any worker on the ground that such worker is, or is not, a member or officer of a trade union;
  • discriminate against any worker in regard to any employment, promotion, conditions of employment or working conditions on the ground that such worker is, or is not, a member or officer of a trade union;
  • dismiss, discharge or remove any worker from employment or threaten to do so, or threaten to do any harm to his employment by reason that he is, or proposes to become, or persuades any other person to become, a member or officer of a trade union, or that he participates in the formation, activities and expansion of a trade union;
  • induce any worker or any other person to refrain from becoming a member or officer of a trade union or to quit such post, by conferring or offering to confer any advantage or by procuring or offering to procure any advantage for him;
  • compel or attempt to compel any officer of the collective bargaining agent to arrive at a settlement or to sign a memorandum of settlement by intimidation, coercion, pressure, threat, confinement to a place, physical injury, disconnection of water, power and telephone facilities or by any other means;
  • interfere with or in any way influence the election held under section 202;
  • recruit any new worker during the continuance of strike under section 211 or during the continuance of strike which is not illegal, except where the Arbitrator is satisfied that the complete cessation of work is likely to cause serious damage to the machinery or any other installation, he may permit temporary employment or a limited number of workers, in the department or section of the establishment where the damage is likely to occur;
  • deliberately fail to take measures recommended by the participation committee;
  • fail to give reply to any communications made by the collective bargaining agent in respect of any industrial dispute;
  • transfer the Chairman, general secretary, organizing secretary or treasurer of any trade union in contravention of the provisions of section 187; or
  • commence or continue or instigate others to take part in any illegal lock-out.
  1. Unfair Labour practices on the part of workers.—(1) No worker shall engage himself in any trade union activities during his working hour without the permission of his employer:

Provided that nothing in this sub-section shall apply to the trade union activities of the Chairman or the General Secretary of the collective bargaining agent of an establishment, if such activities relate to any committee, negotiation, arbitration, mediation or any other proceeding under this Act, and the employer has been duly informed thereof.

  • No worker or a trade union of workers or any person acting on behalf of such trade union shall—
  • intimidate any worker to become or not to become a member or officer of a trade union or to continue in or to refrain from such post;
  • induce any worker or any other person to refrain from becoming a member or officer of a trade union or to quit such post by conferring or offering to confer any advantage or by procuring or offering to procure any advantage for him;
  • compel or attempt to compel any worker to pay or refrain from paying any subscription to the fund of any trade union by intimidation, coercion, pressure, threat, confinement to a place, physical injury, disconnection of telephone, water or power facilities or by any other means;
  • compel or attempt to compel the employer to sign a memorandum of settlement or to accept or agree to any demand by intimidation, coercion, pressure, threat, confinement to or eviction from a place, dispossession, assault, physical injury, disconnection of water, power or telephone facilities or by any other means;
  • commence or continue an illegal strike or a go-slow; or instigate others to take part in it; or
  • resort to gherao, obstruction to transport or communication system or destruction of any property in furtherance of any demand or object of a trade union.
  • It shall be an unfair practice for a trade union to interfere in the election held under section 202 by the exercise of undue influence, intimidation, impersonation or bribery through the officer of that trade union or any other person acting on its behalf.
  1. Limited application of law of conspiracy.—No officer or member of a trade union or a collective bargaining agent shall be liable to punishment under section 120B(2) of the Penal Code, 1860 (XLV of 1860) in respect of any agreement made between the members thereof for the purpose of furthering any such object of the trade union as is specified in its constitution referred to in section 179, unless the agreement is an agreement to commit an offence, or otherwise it violets any law or provision other than the provisions of this Chapter.
  2. Immunity from civil suit in certain cases.—(1) No suit or other legal proceedings shall lie against any trade union or collective bargaining agent or its any officer or member in respect of any act done or action taken in contemplation or furtherance of an industrial dispute to which the trade union is a party on any of the following grounds only, namely:—
  • such act or action induces any person to break a contact of employment;
  • such act or action interferes with the trade, business or employment of some other person; or
  • such act or action fails the right of any person to apply his capital or labour at his discretion.

(2) A trade union shall not be liable in any suit or other legal proceedings in any civil Court in respect of any tortuous act done in contemplation or furtherance of an industrial dispute by an agent of the trade union, if it is proved that such agent acted without the knowledge of or contrary to the clear instructions of the executive committee of the trade union.

  1. Enforceability of agreement.—Notwithstanding anything contained in any other law, an agreement between the members of a trade union shall not be void or violable by reason only that any of its objects is a restraint for any trade and commerce:

Provided that nothing in this section shall enable any civil Court to entertain any legal proceedings instituted for the purpose of enforcing, or recovering damages for the breach of, any agreement concerning the conditions on which any member of a trade union shall sell or shall not sell his goods, transact or not transact business, or do or not do any work, or render or not render any service.

  1. Registration of federation of trade unions.—(1) 1[Five or more trade unions] formed in the establishments engaged in or carrying on the same or identical industry 2[and the trade union organizations of more than one administrative division] may, if in their general meetings so resolved, constitute a federation by executing a deed of federation and apply for its registration:

Provided that a trade union of workers shall not join in a federation of trade union of employers and a trade union of employers shall not join in a federation of trade union of workers.

  • The deed of federation referred to in sub-section (1) shall, among other things, provide for the procedure to be followed by the federated trade unions and rights and responsibilities of the federation and the federated trade unions.
  • An application for the registration of a federation of trade unions shall be signed by the Chairman and General Secretary of all the trade unions constituting the federation and shall be accompanied by three copies of the deed of federation referred to in sub-section (1).
  • Subject to the provisions of this section, the provisions of this Chapter shall apply to a federation of trade union as they apply to a trade union.
  • Notwithstanding anything contained in the foregoing sub-sections of this section, at least twenty trade unions registered in the case of more than one industry 3[and the trade union organizations of more than one administrative division] may jointly or by joining themselves constitute a federation of trade unions on national level.

1[(6) At least ten national based trade union federations constituted under the provisions of sub-section (5) may, by joining themselves together, constitute a national based confederation.]

  1. —(1) After the end of a Gregorian calendar year, by the 30th April of the following year, a general statement, prepared and audited in the manner prescribed by rules, of all receipts and expenditure and of the assets and liabilities of a trade union during the preceding calendar year shall be sent to the Director of Labour.
  • A statement showing all changes of officers in the trade union during the year to which the general statement refers and a copy of the constitution of the trade union corrected up to the date shall with the said general statement, be sent to the Director of Labour.
  • If a registered trade union fails to send the said general statement within the period specified in sub-section (1), the Director of Labour shall, by a notice, inform it thereof, and if the trade union fails to submit the general statement within 30 (thirty) days of the receipt of such notice, its registration may be cancelled.
  • If any trade union is a member of a federation, the name of that federation shall be given in the said general statement.
  1. Collective bargaining agent.—(1) Where there is only one trade union in an establishment, the trade union shall be deemed to be the collective bargaining agent for such establishment.
  • Where there are more than one trade unions in an establishment [2] [3][the unions shall, by nominating an election commissioner from amongst themselves, take steps for election of a collective bargaining agent (CBA) or] the Director of Labour shall, upon an application made in this behalf by any such trade union or by the employer, hold a secret ballot, within a period of 120 (one hundred and twenty) days from the date of receipt of such application, to determine as to which trade union shall be the collective bargaining agent for the establishment.
  • Upon receipt of an application under sub-section (2), the Director of Labour shall, by a notice in writing, call upon all trade unions of the establishment to let him know, within such time, not exceeding 15 (fifteen) days, as may be specified in the notice, whether or not they shall contest in a secret ballot.
  • If a trade union fails to inform the Director of Labour within the time specified in the notice given under sub-section (3), of anything as to its contest in the secret ballot, it shall be presumed that it shall not contest in such ballot.
  • If no trade union inform the Director of Labour within the time specified in the notice of anything as to its contest in the secret ballot, the trade union which has made the application under sub-section (2), shall be declared to be the collective bargaining agent for that establishment, if not less than ^ (one-third) of the total number of workers employed in the establishment are members of that trade union.
  • Every employer shall, on being so required by the Director of Labour, submit to him a list of all the workers, except substitute and casual workers, employed in his establishment for not less than a period of 3 (three) months, and the list shall contain the following particulars, namely:—
  • the name of every worker;
  • the names of his father and mother and age (the name of spouse, if applicable, shall also be given);
  • the name of his branch or department;
  • the name of his work place;
  • the number of his ticket and date of employment.
  • On being so required by the Director of Labour, every employer shall supply requisite number of additional copies of the list mentioned in sub-section
  • and shall provide necessary facilities for verification of the list so submitted.
  • On receipt of the list of workers from the employer, the Director of Labour shall send a copy of the list to each contesting trade union and shall affix a copy thereof in a conspicuous place of his office and another copy in a conspicuous place of the establishment concerned together with a notice inviting objections to the list, if any, to be submitted to him within such time as may be specified therein.
  • If the Director of Labour receives any objection within the specified time, he shall dispose of it after holding necessary enquiry.
  • The Director of Labour shall make such necessary amendment or alteration in the list of workers submitted by the employer as may be required by any decision given by him under sub-section (9).
  • After any amendment or alteration made under sub-section (10), or where no objection is received by the Director of Labour within the specified time, after expiry of such time, he shall prepare a final list of workers employed in the establishment concerned and duly certify it and send copies thereof to the employer concerned and every contesting trade union at least 7 (seven) days prior to the date fixed for poll.
  • The list of workers prepared and certified under sub-section (11) shall be deemed to be the list of voters, and the worker whose name appears in that list shall be entitled to vote in the poll to determine the collective bargaining agent.
  • Every employer shall provide all such facilities in his establishment as may be required by the Director of Labour for the conduct of the poll, but shall not interfere with, or in any way influence the voting.
  • No person shall canvas for vote within 45 (forty five) metres of the polling stations.
  • For the purpose of holding secret ballot to determine the collective bargaining agent, the Director of Labour shall—
  • fix the date for the poll, and communicate it to every contesting trade union and the employer;
  • set up ballot boxes for voting in every polling station on the date fixed for the poll and seal it in the presence of the representatives of the contesting trade unions if any;
  • conduct the poll at the polling station and facilitate the representatives of the contesting trade unions to present at that station;
  • after the conclusion of the poll, open the ballot boxes in the presence of the representatives of the contesting trade unions, if they are present, and count the votes; and
  • after the conclusion of counting votes, declare the trade union which has received the highest number of votes to be the collective bargaining agent:

Provided that no trade union shall be declared to be the collective bargaining agent, unless the number of votes received by it is less than one-third of the total number of workers employed in the establishment concerned.

  • Where a trade union is declared to be the collective bargaining agent for an establishment under sub-section (15)(e), it shall be the collective bargaining agent for that establishment for 2 (two) years from the date of such declaration, and no application for the determination of a new collective bargaining agent for such establishment shall be entertained during this period:

Provided that in the case of a group of establishments, the duration of a collective bargaining agent shall be of 3 (three) years.

  • Notwithstanding anything contained in sub-section (16), where a trade union desires to be the next collective bargaining agent for an establishment after the expiry of the term of an existing collective bargaining agent, or where an existing collective bargaining agent desires to continue as such for the next term also, it may make an application to the Director of Labour, not earlier than 150 (one hundred and fifty) days and not later than 120 (one hundred and twenty) days immediately before the expiry of the term of the existing collective bargaining agent, to hold a secret ballot to determine the next collective bargaining agent for the establishment.
  • Where an application is made under sub-section (17), a secret ballot to determine the next collective bargaining agent shall be held within 120 (one hundred and twenty) days from the date of receipt of such application, but the trade union declared to be the next collective bargaining agent on the basis of the result of the poll shall be the collective bargaining agent from the date of expiry of the term of the existing collective bargaining agent.
  • Where after receiving an application under sub-section (17), the next collective bargaining agent for an establishment could not be determined before the expiry of the tenure of the existing collective bargaining agent, due to reasons beyond the control of the Director of Labour, the existing collective bargaining agent shall continue to function as the collective bargaining agent in that establishment till the new collective bargaining agent is determined.
  • Where no application is received under sub-section (17), the Director of Labour shall declare the date of new election within 120 (one hundred and twenty) days following the expiry of the tenure of the existing collective bargaining agent, and the existing collective bargaining agent shall continue to function as collective bargaining agent for the concerned establishment for the interim period.
  • Any dispute arising out of any matter in relation to an election for determination of collective bargaining agent shall be referred to the Labour Court, and the decision of the Court thereon shall be final.
  • If in an election for determination of collective bargaining agent any contesting trade union gets less than ten percent of the total votes cast, the registration of such trade union shall stand cancelled.
  • A collective bargaining agent may, without prejudice to its own position, plead any federation of trade unions, of which it is a member, as a party to any proceeding under this Chapter to which it itself is a party.
  • A collective bargaining agent in relation to an establishment to which it relates shall be entitled to—
  • bargain with the employer in matters of the state of jobless, conditions of work or environment of work of the workers;
  • represent all or any of the workers in any proceedings;
  • give notice of, and declare, a strike in accordance with the provisions of this Chapter;
  • nominate representatives of the workers in any welfare institution or provident fund and in the board of trustees of the workers participation fund established under Chapter XV; and
  • conduct cases on behalf of any individual worker or a group of workers under this Act.
  • The provisions of this section shall also apply to the election or determination of collective bargaining agent in a group of establishments declared under this Act.

1[(26) Every employer shall, in the manner prescribed by rules, allot an office room for the elected collective bargaining agent (CBA) in his establishment.]

2[202A. Appointment of specialists.—(1) Notwithstanding anything contained in this Chapter, an employer or a collective bargaining agent (CBA) may, if he or it deems necessary for carrying out collective bargaining activities, take assistance from specialists.

  • If any objection is raised in respect of a specialist mentioned in sub-section
  • , any party may request the Director of Labour for arbitration to settle the issue.]
  1. Federation of trade unions to act as collective bargaining agent in certain cases.—(1) Notwithstanding anything contained in this Chapter, a federation of trade unions shall be deemed to be the collective bargaining agent in any establishment or group of establishments, if any of its federated unions in that establishment, by a resolution passed in the meeting of its executive committee, authorizes it to act as the collective bargaining agent in that establishment on its behalf:

Provided that no such authorization shall be permissible, unless the constitutions of the federation and of the federated union provides for such authorization.

  • A federation of trade unions shall act as the collective bargaining agent only in the establishment or group of establishments in which any of its federated union is a collective bargaining agent.
  • Nothing in this section shall apply in the case of a federation of trade unions on national level formed and registered under section 200(5).
  1. Check-off.—(1) If the collective bargaining agent so requests, an employer shall deduct from the wages of the workers working in his establishment, who are members of that CBA union, such amounts towards their subscriptions to the fund of the CBA union as may be specified, with the approval of each individual worker named in the demand statement furnished by the CBA union and shall keep the sum so deducted separately.
  • An employer making any deduction from the wages under sub-section (1) shall deposit, within next 15 (fifteen) days, the entire amount so deducted in the account of the CBA union concerned. [4] [5]
  • The employer shall provide full facilities to the CBA concerned for ascertaining whether deductions from the wages of its members are being made under sub-section (1).
  1. Participation committee.—(1) The employer of every establishment, in which at least 50 (fifty) workers are ordinarily employed, shall1[, through direct involvement of the workers working in that establishment,] constitute a participatory committee in his establishment in the manner prescribed by rules.
  • Such committee shall consist of the representatives of the employer and the workers.
  • The number of representatives of workers in such committee shall not be less than the number of representatives of the employer.
  • The representatives of the workers shall be appointed on the basis of nomination given by the trade unions in the establishment.
  • Each trade union, other than the collective bargaining agent for the concerned establishment, shall nominate equal number of representatives and the collective bargaining agent shall nominate such number of representatives which shall exceed the total number of representatives nominated by the other trade unions by one.
  • In the case of an establishment where there is no trade union, the representatives of the workers in the participation committee shall be 2[elected] in the manner prescribed by rules from amongst the workers working in that establishment.

3[(6a) In an establishment where no trade union exists, the worker representatives of the participatory committee may carry out the activities related to the interests of the workers until a trade union is formed in that establishment.]

  • Where in an establishment there is a unit in which at least 50 (fifty) workers are employed, a unit participation committee may, on the recommendation of the participation committee, be constituted there in the manner prescribed by rules.
  • Such unit participation committee shall consist of the representatives of the employers and of the workers employed in or under that unit.

4[(9) An employer shall not transfer an elected or nominated officer or a member of the participatory committee belonging to the workers side during the tenure of the committee without his consent. [6] [7]

  • An employer shall not raise any objection or take any retaliatory measure against the workers’ representatives for anything done in good faith while carrying out the activities related to the duties of the committee.
  • The provisions of this section applicable to the participatory committee shall, as far as possible, also apply to the unit participatory committee.]
  1. Functions of the participation committee.—(1) The main function of the participation committee shall be to inculcate and develop sense of belonging to the establishment among the workers and employers and to aware the workers of their commitments and responsibilities to the establishment, and, in particular—
  • to endeavour to promote mutual trust and faith, understanding and co-operation between the employers and the workers;
  • to ensure the application of labour laws;
  • to foster a sense of discipline and to improve and maintain safety, occupational health and working condition;
  • to encourage vocational training, workers’ education and family welfare training;
  • to adopt measures for improvement of welfare services for the workers and their families; and
  • to fulfill production target, increase productivity, reduce production cost, prevent wastage and raise quality of products.
  • A unit participation committee shall, under the supervision of the principal participation committee, discharge, as far as practicable, the functions mentioned in sub-section (1).
  1. Meetings of the participation committee.—(1) The participation committee shall meet at least once in every 2 (two) months to discuss and exchange views and recommend measures for performance of the functions under section 206.

(2) The minutes of every meeting of the participation committee shall be submitted to the Director of Labour and the Arbitrator within 7 (seven) days of the date of the meeting.

  1. Implementation of recommendations of the participation committee.—(1) The employer of the establishment and the trade union shall take necessary steps to implement the specific recommendations of the participation committee within the period specified by the committee. [8]

[1] The words “No officer including the Chairman and General Secretary” were substituted for the words and commas “The Chairman, General Secretary, organizing Secretary or Treasurer” by section 54 of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

*The words “the unions shall, by nominating an election commissioner fro amongst themselves, take steps for election of a collective bargaining agent (CBA) or” were inserted by section 56(a) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[3]Clauses (a) and (aa) were substituted for original clause (a) by section 53(a) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

iSub-section (26) was added by section 56(b) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[5]Section 202A was inserted by section 57 of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

xThe commas and words “, through direct involvement of the workers working in that establishment,” were inserted by section 58(a) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[7]The word “elected” was substituted for the word “nominated” by section (58(b) ofthe Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[8] If, for any reason, the employer or the trade union finds difficulties to implement the recommendations within the specified time, it shall inform the committee about it and make all possible efforts to implement the same as early as possible.