Saturday, May 17, 2014

Basis of Islamic Declaration of Human Rights (IDHR)

Basis of IDHR:
1.      The belief in Allah and his attributes.
2.      The belief in Islam as the true guidance.
3.      The unconditional belief in Tawhid (Unity of Allah)
4.      The belief in Islamic legislation.
5.      The belief in the civilizing role of the Islamic Umma as the best umma.
6.      The belief in people’s participation in protecting human rights.
7.      The belief in humanity’s persistent need for a fundamental faith.

8.      Basic rights are a part of faith.

Weaknesses of UDHR

Weakness of UDHR:
1.      Separating the socio-legal question from the philosophical one.
2.      Lacking a logical sequence between the preamble and the legal Articles.
3.      Failing to differentiate between the original human dignity and the dignity acquired through piety and good deeds.
4.      Failing to cover all related aspect of vital human rights such as man’s life, sanctity of the dead, and the question of the annihilation of the foundation of human race.
5.      Ignoring the question of morality in settling disputes.
6.      Not including the rights of the parents and relatives.
7.      Not referring to the question of condemning imperialism in all forms.
8.      Not mentioning the individual’s right to be provided with a moral environment.

9.      Granting absolute freedom of expression which could be destructive.

Regional System of Human Rights Protection




The benefits of regional system of human rights protection was publicly acknowledged in 1977. It was first developed in Europe. It is a system of mutual understanding. It refers to particular human rights norms for particular reason.




Advantages of regional system:
     Fewer states constitute a region with their political consensus. They are also relatively homogenous with respect to culture, language and tradition which has obvious advantages.


Drafting and adopting texts:
            Regional arrangements can be easier to draft than their international counterparts. The principal region operating human rights system is relatively homogeneous. The final text of regional systems should be easier to administer and disseminate.
Enforceability:
            Regional system can be easier to enforce than international system, because-
1.      The diplomatic efforts may be more successful when pressure is applied by neighboring states rather than states from more distant region.
2.      There will always be more incentives with respect to implementation of decisions of regional bodies.
The principal regional systems over the world:
1.      African Charter on Human and Peoples’ .
2.      Arab League
3.      Commonwealth of Independent States.
4.      Labour Rights.
5.      Child Rights.

6.      EU Charter on Human Rights.

Tuesday, May 13, 2014

False Accusation Definition

False accusation: when the accused is discharged or acquitted by the Magistrate with the opinion that the accusation against the accused is false, either frivolous or vexatious and there is no rationality to file the case then it is called the false accusation.

Relative Nature of Islam as to Human Rights

To what extent relativism speak for our rights in the realm of religion on Islam:
A debate about universalism and relativism has gradually built up from time when UDHR was declared in 1948. The religious representative is one of the speakers of this debate. They argue that UDHR is influenced by the western cultural norms. It violates the religious norms often. It is secular in nature.
            There are more reasons for such debate. At the moral level, the dimensions of human rights have never been as uniform and definite as they are in international law. A gap between two particular groups in the major cause of such debate. One group tends to be relatively secular and universalist in its approach to human rights. To this group belong intellectuals and professionals familiar with international law and the major independent human rights groups and organizations. The other group consists of clerics and religious leaders familiar with their own cultural traditions but typically not well-versed in international law and human rights.
            Islam has common relative nature that it does not interference in a person to practice his religion or to receive a particular ideology but there is no chance to leave Islam after receiving it willingly.
            Islam declares prohibition on alcohol but the people of other religions can take alcohol and Islam does not interfere in it.
            Present types of human rights speak about the equal rights of both the male and the female but Islam says that they have particular status other than the equal status because of their natural and bodily differences.

            Islam give the opportunity to both the male and female to earn money (economic right) which is common in present human rights concept but it makes male person responsible for the financial necessity of his family. 

Monday, May 12, 2014

Universality of Universal Declaration of Human Rights

Universalism should be granted for collective well being and for individual right.
            The concept of universality in the field of human right emerged during the late 20th century with the UN Declaration of Human Rights on the belief that the basic values and principles, underlying the concept of human dignity and equality, are of a universal nature. These values and principles, included the individual liberty, political rights, economic rights and so on, were restricted to class of individuals depending on status e.g. individual rights for white male in America.
            It is an undeniable fact that western culture influences the UDHR1948. Awareness on the part of local people regarding such influences has resulted in various debates. We may categorize the debaters in 3 fields. Such as- (1) state actor (2) NGO, religious representatives, individual actor and (3) the oppressed. They argue that human rights put the individual above the community which goes against the communitarian values. The argument is based on the fact that human rights are the nature of individualist and was imposed on non-western states as a condition for independence.
            It is true that the idea of human rights first originated from the west but so did other things like technology and industrialization. The non western states have not raised any arguments rejecting the technology transfer. Human rights have an impact on cultural values and communal leaving as it is practiced by individual . for instance- in Africa, the decision to marry is not that of the girl but that of the family and clan. Sometimes at large depending on the status of the family. Under this situation, the individual practice of free choice will be seen as flagrant disrespect to the society. There are more such types of examples- such as Trokosi in Ghana and Togo. Almanjiri in Northern Nigeria, denial of inheritance and so on.
            UDHR is not based on any particular ideology but on comprise and practice. It takes its basis on the dignity of the human person.
            Both western and non western ideology agree on the dignity of the human person. No arguments should therefore emanate as regards to genocide, rape, torture, arbitrary detention, right to participate in the government, equality and limitations on government powers or interference with the individual. These are fundamentally applicable to all human and therefore universal so that the abusive government has no shield to hide behind for human right violation.

            There are points in cultural practices where conflict may exit between human rights and cultural values. In some instances there needs to be positive actions to eradicate such violations. The debate should be more focused on state and respect for human rights and individuals.

Saturday, May 10, 2014

Exceptions in Islamic idea as to general concept of human right















Exceptions in Islamic idea as to general concept of human right:

   1.      The rights and duties are co existed within a given time according to general concept, but the concept of right is invisible rather followed the direct order of Allah.
   2.      Rights are often subject to qualification in general concept, but under the Islamic philosophy they are absolute when it is recognized.
   3.      Qualifications may be placed on human right in the aggregate common interest and to serve particular specified policies, but the Islamic idea has no scope of politics in the field of human rights application.
   4.      Mutual recognition or agreement on the part of the state may make, restrict, suspend or enforce new sorts of rights, but in the Islamic idea state has the obligation to maintain the consistent application of human rights.
   5.      The freedom of expression: subject only to qualifications provided by law and necessary for the protection of national security or public health an d morals.
   6.      The right of peaceful assembly: subject only to restriction, imposed in conformity with the law and which are necessary in a democratic society in the interest of national security or public safety public order. The protection of public health or morals or the protection of the rights and freedom of others.
   7.      Freedom of association: subject to the same qualifications as the right of peaceful assembly, above.
   8.      The right to take part in the conduct of the public affairs, to vote and be elected and to have access on general terms of equality, to public service, without unreasonable condition.

From the constitution of Iran:
            Article 21: Government must ensure the rights of women in all respect in conformity with Islamic criteria.
            Article 24: Publications and the press have freedom of expression except when it is detrimental to the fundamental principles of Islam or the rights of the public.


Short Note: Ayatollah Khomeini” officially announced of Fatwa” regarding Satanic Verses by Selman Rushdie based on article 24.

Friday, May 2, 2014

TRADE UNIONISM AND COLLECTIVE BARGAINING UNDER THE BANGLADESH LABOUR ACT, 2006

To get the file: Download


Index
            

                    Particulars
             Page Number
Introduction

1
Scheme of the paper

1
Chapter One: What is Trade Union and why it is needed

2-3
Chapter Two: The Legal Framework of Trade
Unionism and Collective Bargaining under
the  Labour  Act, 2006. This chapter includes:

·         Procedural requirements and restrictions to form unions
·         Privileges and protection to trade union and trade unionists
·         Trade union as collective bargaining agent



3-6
Chapter Three: Determination of Legislative Derogation from International and Comparative Labour Ideals.


7-10
 Chapter Four: Conclusion

10











 TRADE UNIONISM AND COLLECTIVE BARGAINING UNDER THE BANGLADESH LABOUR ACT, 2006:   AN APPRAISAL


INTRODUCTION

To a large extent, the existence of democracy is dependent on the right to form associations[1].Recognition of freedom of association is a precondition of workplace democracy[2]. Recognition of this right coupled with the right to collective bargaining plays an important role in promoting industrial peace, productivity and economic development. Bangladesh has ratified two core conventions on freedom of association and collective bargaining i.e. Convention no.87 and 98 of the ILO[3].  To keep pace with the international labour values of the day the legislature has designed an industrial relations mechanism to ensure some sophisticated   aims, inter alia to promote mutual trust, understanding, co-operation between employer and workers, to fulfill production target, improve productivity and to ensure better labour conditions[4]. The aim of this paper is to examine the legislative landscape of the above mentioned rights and to juxtapose the landscape vis-à-vis international and comparative labour ideals.

SCHEME OF THE PAPER

To the end of coherence this paper has been divided in the following chapters.

Chapter One: What is Trade Union and why it is needed?

Chapter Two: The Legal Framework of Trade Unionism and Collective Bargaining under
the Labour Act, 2006. This chapter includes:

·         Procedural Requirements and Restrictions to form Unions
·         Privileges and Protection to Trade Union and Trade Unionists
·         Trade Union as Collective Bargaining Agent

Chapter Three: Determination of Legislative Derogation from Internatonal and comparative Labour Ideals


Chapter Four: Conclusion

                           Chapter One: What is Trade Union and why it is needed
                                                            
Freedom of association is the notional basis of trade unionism.  Freedom of association refers to the right of workers and employers to establish organizations which have the means to promote and defend the interests of their members. Without freedom of association (FOA) workers would not be able to create unions and enter into collective bargaining [5]
The conception of the forerunners of trade unionism is not the result of a hypothetical system sprung from some brain and not justified by practical tests; on the contrary, it proceeds from the examination of historical events and of their clear interpretation. We may say that it is the result of a whole century of conflict between the working classes and the middle classes[6]. This conflict between working class   and employers resulted from   severe dissatisfaction among workers against employers in respect of wages and other working conditions. The movements against employers were strictly   suppressed by the employers. As has been succinctly put by Adam smith, 18 th century economist, in The Wealth of Nations, Book I, chapter 8:
‘When workers combine, masters ... never cease to call aloud for the assistance of the civil magistrate, and the rigorous execution of those laws which have been enacted with so much severity against the combination of servants, labourers, and journeymen…”

In fact, before the First World War there was hardly any labour legislation for regulation and settlement of industrial disputes[7]. Against this background, in 1871, The Trade Union Act, for the first time legalized trade union in the UK. The worldwide demand for right to form trade unions declares recognition of the principle of freedom of association to be one of the means of improving the conditions of the workers and of securing peace[8]. Provisions freedom of association are included in several UN instruments, viz. the Universal Declaration of Human Rights,1948(Articles 20 and 23), the ICCPR(Article 22),the ICESCR(Article 8)[9].

The object of formation of trade union is to take part in collective bargaining with the employers[10]. The term ‘collective bargaining’ includes all negotiations which take place between an employer or one or more employers organizations, on the one hand, and one or more workers organizations on the other, for a)determining working conditions and terms of employment; b)regulating relations between workers and employers; c) regulating relations between organizations of employers and workers[11].
 The International Confederation of Free Trade Union enumerates the following objects of a trade union in collective bargaining:
·         To establish and build up union recognition as an authority in the workplace;
·         To raise workers’ standard of living and win a better share in company profit;
·         To express in practical terms the workers desire to be treated with due respect and to achieve democratic participation in decision affecting their working condition;
·         To establish orderly practices for sharing in these decisions and to settle disputes which may arise day to day life of the establishment;
·         To achieve broad general objectives such as to promote and defend the interests of the workers[12]



Chapter Two: The Legal Framework of Trade Unionism and Collective Bargaining under the Labour Act, 2006.



The constitution of Bangladesh provides for the legal foundation of trade unions of employers and workers[13] .The main statutory framework[14] of trade unionism is the Bangladesh Labour Act, 2006(hereinafter  the Act). Section 176 of the Act authorizes trade unions of both workers and employers and further provides that trade unions shall have the right to establish and join federations  and such union or federation shall have the right to affiliate with international organizations and confederation of workers organization.

1) Procedural Requirements:

  • Registration: Workers trade unions are required to be registered with the Registrar of Trade Unions, after fulfilling a number of requirements as specified in sections 177,178 and 179 of the Act. The function of an unregistered or de-registered trade union has been prohibited  in toto u/s 192 of the Act.
  • Thirty percent requirement: Remarkably section 179(2) requires that a trade union shall not be registered unless it has a minimum membership of thirty percent of the total number workers employed in the establishment.
  • Certificate of registration: Issue of certificate of registration by the Director of Labour u/s 189.



2) Restrictions on Trade Unionism:                                                                         
·         Not more than three trade unions in one establishment u/s 179;
·         No trade union to function without registration u/s 193;
·         Restriction on dual membership of a worker or employer u/s 193;
·         Only one trade union is allowed if formed by  seaman u/s 185 or by civil aviation workers u/s 184;
·         Only one trade union is allowed in the Chittagong  and Mongla Port Authority u/s 185A;
·         Trade unions cannot be formed by workers employed to offices of or under the  government, security printing press , ordnance factories, educational’
·         training and research institutions , domestic servants u/s1(4) of the Act ;
·         the very definition of ‘worker’ u/s 2(65) read with s.175 excludes employees as a member of the watch and ward or security staff or fire fighting staff or confidential assistant or telex operator or fax operator or cipher assistant of any establishment. So these types of employees are legally barred to form any trade union;
·         Director of Labour  may cancel the registration of trade union u/s 190.
·         Section 195 prohibits workers save the President , General Secretary of a trade union to take part in any trade union activity during office hours.
·         Section 196 of the Act prescribe some activities as unfair labour practice of workers , which are punishable u/s 291 of the Act.  

                                                                                                             
3) Privileges to Trade Unions and Unionists:        
               

·         Section 186 provides that conditions of service will remain unchanged while application for registration is pending and no employer shall terminate the employment of any worker is a member of such trade union, while an application for registration for trade union is pending. This is an innovative provision[15].
·         The President, General Secretary and certain other officers of trade union shall not be transferred as provided u/s 187.
·         Section 194 provides some special attributes to a registered trade union viz. corporate personality, perpetual succession, common seal, capacity to sue and be sued, and capacity to acquire and hold property by its registered name.
·         Law of conspiracy is limited in application against a registered trade union or collective bargaining agent in certain cases u/s 197.
·         Registered Trade unions and CBA have also been given immunity from civil suit u/s 198 in certain cases e.g. contractual liability or tortuous liability arises against trade union or its members while engaging in a strike.
·         Section 199 derogates section 27 of The Contract Act, 1872 and allows agreement in restraint of trade for furthering the cause of trade unionism.
·         Unfair labour practices of employers are prohibited in toto u/s 195, necessarily facilitates establishment and promotion of trade unions of workers and secures the sanctity of trade union as a representative of labours’ voice. This section, on the one hand, prohibits the unscrupulous imposition of conditions in employment contracts[16] against the exercise of the worker’s right to freedom of association and upholds the sanctity of trade unions as CBA on the other[17]. The aspects dealt with by this section are core international labour values of the day[18]. Unfair labour practice of employer is a punishable offence u/s 291 of the Act.




4) Trade Union as Collective Bargaining Agent (CBA)

   Though the definition of CBA u/s 2(52) uses the expression equivalent to trade union, all trade unions are not ipso facto CBA within the contemplation of section 202 of the Act[19]. Where there are more trade unions than one in an establishment, the CBA is elected through an election procedure conducted by the intervention of Director of Labour for a period of two years [20]. Remarkably the majority vote holder must have to receive votes not less than one third of the total number of workers employed in such establishment[21]. It is pertinent; trade unions other than the CBA can also take part in collective bargaining platform i.e. the participation committee[22].     
     
Section 202(24) of the Act of 2006 enumerates the functions of a CBA of an establishment which includes-
  • Undertaking collective bargaining with employer in respect of terms and conditions of employment;
  • Represent all or any of the workers in any proceeding;
  • Declare a strike as per the provisions of the Act;
  • To conduct cases on behalf of any individual worker or group of workers;
  • Nominating representatives of workers on the board of trustees of various welfare funds e.g. Provident Funds and Workers participation fund.



The Platform of Collective Bargaining: The Participation Committee[23] is the executive forum of collective bargaining as per section 206 of the Act. As per section 206 the functions of the committee includes -
    
·         To endeavour to promote mutual trust, understanding and co-operation between the workers and the employer:
·         To ensure application of labour laws;
·         To improve and maintain safety, occupational health and working condition;
·         To adopt measures for improvement of welfare of workers;
·         To fulfill production target, improve productivity, reduce production cost and wastes and raise quality of products;

·           To develop workers commitment.


So participation committee, being the platform of both employer and workers, bears significant role in industrial relations mechanism under the Act. So Participation Committee is the forum to balance the competing interests of employers and workers. The parties to the committee are bound inter se to implement the specific recommendations i.e. agreement reach by the parties[24].   











                                                  Chapter Three


Determination of Legislative Derogations from International and Comparative Labour Ideals



The legislative pedigree [25]of trade unionism in the Indian sub-continent can be traced back to the Indian Trade Unions Act, 1926. After the separation of Pakistan the Act was replaced by in 1969 by The Industrial Relations Ordinance. This Ordinance was retained by independent Bangladesh till 2006, when The Labour Act, 2006 was passed. Though the Act of 2006 has brought many improvements in legal framework on industrial relations, it has some weakness, which may frustrate the objectives of the law. In particular, the Act does not bring any significant change regarding trade unionism, collective bargaining and strikes[26].    


1)  The Requirement of Registration Amounts to ‘Previous Authorization’

The function of an unregistered or a deregistered trade union has been prohibited  in toto u/s 192 of the Act. Thus this provision amounts to ‘previous authorization within the meaning of Article 2 of convention no. 87 of the ILO as without such authorization i.e., registration, unions would not be able to function[27]. So the provision of registration is a clear derogation from the convention no.87 of the ILO. Registration is not a precondition to the formation of trade unions in many jurisdictions of the world. For example, in the UK registration is replaced by enlistment[28] . Registration of trade union is also not mandatory in India[29]

2) ‘The Thirty Percent Requirement’ negates the spirit of right to ‘freedom of association’:

 The ‘thirty percent requirement’ for registration u/s 179(2) undoubtedly violates another basic guarantee of the workers right to freedom of association i.e., ‘establish and join organization of their own choosing’ as mandated in Art 2 of the Convention no.87 of the ILO and also amounts to ‘previous authorization’ within the meaning of Convention No. 87  as even 29% workers organized together to form an union would not be able to function as they would be denied registration by the Registrar of Trade Unions[30]. The ILO Committee of Experts on Conventions and Recommendations (hereinafter CEACR) has argued the need to lower the percentage[31].  In India the requirement is 10%[32], in Pakistan it is 20%[33]. For new unions, this requirement is virtually a trade union ban[34]

3) Limiting the number of unions in an establishment amounts to legislative hegemony

section 179 limits the number of unions in an establishment to three and section 185A limits it for Chittagong Sea Port Authority and Mongla Sea Port Authority to only one. These provisions go against the spirit of Art.2 of the Convention no. 87 of the ILO. Provision concerning prohibition on double or multi membership of workers also suffers the same infirmity. The CEACR of the ILO recommends the govt. to repeal these provisions[35].  


4) The limited amplitude of the term ‘worker’ against the right to form trade union amounts to legislative discrimination

Exclusion of managerial and administrative employees, fire fighting staff, telex operators and cipher assistants from the definition of ‘worker’ [36]clogs the avenue to exercise the right to form trade union and collective bargaining for these employees. Apparently this provision goes against the spirit of Article 38 of the constitution. The CEACR recommends to alienate this discrimination[37].

5) The Chance to interfere with the Internal Trade Union Activities is Obvious        

Section 196 while defining unfair labour practice on the part of the employer states inter alia   an act aimed at ‘intimidating’ any person to become, continue to be or cease to be a trade union member or officer , or “inducing” any person to cease to be a member or officer of a trade union by conferring or offering to confer any advantage. The CEACR[38] considers that the terms “intimidating” or “inducing” are too general and do not sufficiently safeguard against interference in internal trade union affairs, since, for instance, a common activity of trade unions is to recruit members by offering advantages, including with regard to other trade unions.



6) Lack of legislative protection against acts of interference

Though section 195 provides some protection to the workers by defining some unfair labour practice on the part of the employer, however, does not contain a prohibition of acts of interference designed to promote the establishment of workers’ organizations under the domination of employers or their organizations, or to support workers’ organizations by financial or other means, with the object of placing them under the control of employers or their organizations[39]. Politicization or political affiliation of trade unions prevents them from becoming strong partners in collective bargaining and causes the loss of its distinct identity[40]. It is submitted that, a provision should be inserted in Section 195 prohibiting political affiliation of trade unions.


7) Legal requirement to collective bargaining

The provision of section 202(15), namely, if there is more trade union than one in an establishment, no trade union shall be declared to be the collective bargaining agent unless it obtains the votes of at least one-third of the employees in a secret ballot, goes against the spirit of Article 4 of the Convention no. 98 of the ILO and may impair the development of free and voluntary collective bargaining[41].        

8)  Legislative dilemma regarding unregistered trade unions

Present status of unregistered trade union is paradoxical, for the Act does not bar the formation of an unregistered trade union, while section 192 bars its functioning. Moreover, this section prohibits fund collection by an unregistered trade union. These provisions contemplate emergence of sui juris trade unions ab initio, which is almost an impracticable idea[42]. The wider constitutional aspect of formation and continuation of an association is totally absent in these provisions[43].
                                                                                      
9)  Limiting the right to strike from different dimensions affect the right to bargain collectively            

The Act provides for multi-dimensional restrictions on the right to strike such as , requirement for three-quarters of the members of a workers organization to consent to a strike(sec. 211); prohibition of strikes for a period of three years from the date of commencement of production in a new establishment, or an establishment owned by foreigners (sec.211(8)  ) ; possibility of prohibiting strikes at any time if a strike is considered prejudicial to the national interest (211) or involves a public utility service including the generation, production or supply of gas and oil to the public, as well as railways, airways, road and river transport, ports and banking(211). The right to strike being incidental to the right to bargain collectively is protected by ILO labour values especially, Articles 2 and 3 of the ILO Convention no.98. These gross restrictions on worker’s right to strike severely undermine Bangladesh’s international obligations. The CEACR [44]recommends repealing these discrepancies.
     
10) Part-time leaders in trade unions
Article 180 prohibits anyone from being an officer of a union if he or she is “not employed or engaged in that establishment in which the trade union is formed.” This eliminates the possibility of having full-time trade union leaders from either within or outside the industry. This provision is clearly inconsistent with principles of freedom of association and should be amended[45].


                                            Chapter: Four
                                               

                                                Conclusion      


In spite of the ratification of the core ILO conventions by Bangladesh, the legislative passivity to incorporate these values in domestic legislation has been apparent for many decades. The latest legislation on industrial relations namely, The Bangladesh Labour Act, 2006   inherits almost all the provisions of its predecessor i.e. The Industrial Relations Ordinance, 1969 flouting numerous ILO recommendations to amend the existing laws on trade unionism and industrial relations.  This passivity causes in the negation of the exercise of the right to form association at workplace and to bargain collectively.  Empirically legislative black hole always results in industrial unrest. So, for the sake of our national economy the government should take initiative to update the legislation as per the labour values of the day.    











[1] Islam, M.,Constitutional Law of Bangladesh, Mullick Brothers ,2009,p230
[2] vide the preamble of the Constitution of the ILO,1919
[3] Infact, the erstwhile Pakistan ratified this convention in 1952. The obligations invests on Bangladesh on its independence by the Laws Continuance Enforcement Order,1971. 
[4] vide sec.206, The Bangladesh Labour Act,2006
[5]Cited from Workers' Activities Programme (ACTRAV) ILO International Training Centre, available at www.ilo.org

[6] Pouget,Emile, The Basis of Trade Unionism, available     at:        http://www.fondation-besnard.org/article.php3?id_article=107
[7] Dhar, Nirmalendu, Labour and Industrial Laws of Bangladesh, ReMiSi Publications ,p.257
[8] this principle was reaffirmed in the Declaration of  Philadelphia in 1994,the international labour conference stated ‘freedom of expression and of association are essential to sustained progress.’
8. Khan, Dr. Borhan Uddin, The ILO Conventions on Freedom of Association: Review of  Implications in  Bangladesh , 6:1&2(2002) Bangladesh Journal of Law,p.13
[10] vide Section 2(Lii)  of The Bangladesh Labour Act,2006
[11] Article 2 of The Collective Bargaining Convention no. 154 of the ILO
[12] Referred in Marry Sur, Collective Bargaining, 1965,p.4,available at  www.oakadvocates.co.ke/userfiles/COLLECTIVE LABOUR RELATIONS.pdf
[13] Article 38 of the Constitution of the People’s Republic of Bangladesh
[14] Trade unionism in EPZ is regulated by The EPZ Worker’s Association and Industrial Relations Act, 2004
[15] Faraque, Dr. Abdullah-Al, Current Status and Evolution of Industrial relations System in Bangladesh, International Labour Organization, 2009, p.20
[16] section 195 clause(a) to clause (e) provide that the terms and conditions of employment shall not be prejudiced by trade union activities of a worker. 
[17] Clauses (f) to (k) of section 195.
[18] Articles 1 and 2 of the Right to Organize and Collective Bargaining Convention (Convention no. 98 of the ILO). Bangladesh ratified this convention on May 26, 1952.
[19] However, where there is only one trade union in an establishment, it is, ipso facto the CBA for that establishment u/s 202(1).
[20] Section 202 of the Act of 2006.
[21] Ibid
[22] ‘Participation committee’ is a committee composed of both employers and workers representatives u/s 206 of the Act. 
[23] Ibid
[24] Section 208

[25] Khan, Dr. Borhan Uddin , supra note 8, p.29 
[26] Faruque, Dr. Abdullah-al, supra note 15, p.12
[27] Khan, Dr. Borhan Uddin, supra note  8, p.36; See also Islam, Dr. Farmin, ‘Paper Rights Revisited’, The Dhaka University Studies, Part-F,Vol.XV,(1): 127-170, June 2004, p.160
[28] Section 3 of the Trade Union and Labour Relations (Consolidation ) Act, 1992, cited in Ahmed, Kawser, The Freedom of Association and Trade Union Right in Bangladesh, Volume Two 2004, Journal of   Law,P.43
[29] Cited in Vikram Shroff and Akshay Bhargav, TRADE UNIONS ACT AND STATE LAWS PROVIDE LEGAL PROTECTIONS TO TRADE UNIONS IN INDIA, Availabe in
[30] Khan, Dr. Borhan Uddin, supra note 8, p.37
[31] CEACR: Individual  Observation concerning Freedom of Association and Protection of the Right to Organize convention,1948(no.87) Bangladesh, published:2008, available at http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:2289780
[32] supra note 29
[33] cited from http://m.paycheck.pk/main/labour-laws/trade-union
[34] Jakir Hossain et al. , Bangladesh Labour Law: Reform Directions, BILS, 2010, available at  ituc-ap.org/wps/.../report-of-the-baseline-study-on-bangladesh.pdf?...
[35] supra note 31
[36] Section 2(65) read with section 175 of the Act
[37] supra note 31
[38] supra note 31
[39] CEACR observation  on the Right to Organize and Collective Bargaining Convention,1949( No.98)-Bangladesh (Ratified: 1972), available at http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:2289787
[40] Faruque, Dr. Abdullah-al, supra note 15,p.24
[41] supra note 38
[42] Ahmed, kawser, Supra note 28, p.43
[43]  ibid, o biter observation in the case of Secretary of Aircraft Engineers of Bangladesh & another VS. Registrar of Trade Unions, 45 DLR 1993 (AD) 122
[44] Supra note 31
[45] International Trade Union Confederation (ITUC) addressing the Prime Minister of Bangladesh while requesting to reform the Bangladesh Labour Act, 2006, accessed at:  http://www.ys.no/kunder/ys/mm.nsf/lupgraphics/Reform%20of%20the%20Bangladesh%20Labour%20Act%20of%2020062.pdf/$file/Reform%20of%20the%20Bangladesh%20Labour%20Act%20of%2020062.pdf