Law Analysis
Amended Labour Law and free trade unionism
As many national and international rights organizations and foreign buyers expressed their serious concern over worker's rights and safety, especially aftermath of Rana Plaza and Tazreen Garments tragedy; the government of Bangladesh took steps to amend the Bangladesh Labour Law-2006 to ensure adequate rights for workers of Bangladesh. As a result the National Parliament has recently passed Bangladesh Labour Law (Amendment) bill 2013. The government side, after passing the bill said that the new law is a major advancement in relation to establish worker's right and it will also bring more stability in industrial sectors. Whereas, immediately after passing the bill internationally recognised human rights organization 'Human Rights Watch' in its statement said that the new law will be inadequate to protect rights of Bangladeshi workers. The Bangladesh committee of World Federation of Trade Unions (WFTU) in a national seminar on 12th July,2013 cautioned the government and drafting committee to correct mistakes and ambiguity of the Law.
Due to this controversy, it is important for legal experts, trade unions, employers and government as well to review and analyse the new law. So that the controversy can be minimised and more academic accuracy can be achieved. If we go through some sections of the amended law we will find many basic flaws among those sections. As we all know that the right 'free trade unionism' is a much discussed issue among industrial sector of Bangladesh. All trade union organizations of the Country, European Union, USA and many foreign countries who buy RMG products from Bangladesh raised their voice for establishing trade union in all the factories and industries and also in EPZ as well. Frustratingly, the new labour law has practically ignored this fundamental spirit raised from the industrial sector. Section 12, S.13, S.23 (3) and S.4 of the new law do not clarified the definition of the term 'closure of institution' and 'misconduct of worker'. Due to only this flaw of the section any employer or owner can abuse this law by accusing any procession or strike as 'worker's misconduct'. Taking the advantage of this section of the law an employer or owner can dismiss his workers. New law has kept the previous provision of 30% membership for forming new unions, which practically complicated the idea of free trade unionism. Section 180 (b) of the new law limits the eligibility of the membership of trade union only for the enlisted workers of a particular factory, so the fear of dismissal and harassment from the employer's side practically discourage workers to form trade union in their institution. Whereas, if we look back even in Pakistani period, there was a provision to elect 25% leadership from outsider trade unionist according to Industrial Regulation Ordinance, 1969. Consequently, many high educated and efficient trade unionists with their leftist or humanist ideology joined trade union movement and made glorious history of trade union movement of Bangladesh. New Law did not keep any provision to reduce or control arbitrary power of Labour Director or Register of Trade Unions, so in the long run it will be very difficult for the workers to get new registration for new trade unions. Section: 2(45) of the new law excluded house rent benefit from workers wage, which was totally illogical and inhumane. Not only this, despite repeated pledges from the government, this labour law does not provide any provision to provide 6 months maternity benefit for female workers. Section: 10 (5) of the law does not clarify provisions for sick leave or temporary leave for the workers.
During tragic Rana Plaza incident and during GSP debate western countries and many right organizations urged our government and BGMEA to make some provisions, so that the workers can slightly share the profit of the company. Since there is such provision from 1968 in the law and by not implementing the provision to provide 5% share of profit of the company, the owners deprived millions of workers from millions of dollars. By amending section: 232(3) and s. 233 of previous law the government permanently abolish the right of profit share by the workers. Section: 309 of the new Law does not provide adequate punishment for gross negligence of owners and their activities of dangerous consequences. This truly reflects that we did not take any positive lesson from the catastrophe like Rana Plaza, Tazreen etc.
Bangladesh is a country which ratified 7 I.L.O conventions out of 8 and those ratified conventions, specially Convention'87 and 98 are strongly relevant to the right of 'Freedom of Association' and 'Freedom of Choosing Leadership'. Therefore, it is an obligation of our government to make our national law compatible with concern ILO conventions. Despite government's ratification of such a big numbers of ILO conventions, the new Labour Law of the country still remains unfriendly to the workers, foreign buyers and sincere entrepreneurs. People who really want a stable industrial sector in Bangladesh always advocate for a Labour Law of international standard that provide possible maximum benefit for workers and ensure adequate work-place safety.
Now question has been raised, why Law Makers in the Parliament passed such a law with many flaws? Although the government is an elected parliamentary government, but there is heavy pressure to the government from the owners and employers of industries. Since, 26 Members of Parliament are directly or indirectly represent owners of different garment factories. So, it is predictable why they are pressuring government not to take any positive steps for making a 'workers friendly labour law'.
Immediate after the independence of the country there were about 80% workers in public sector and 20% in private sector, after 1975, the situation worsened and by continuing so called neoliberal economy the figure for public sector is now about 5-6% and in private sector 93-94%. In both industrial and agriculture sector there are about 6 million workers and many workers from informal sectors should remain under the jurisdiction of this Law but the new law did not make it clear. Every moment workers rights been violated and law remains silent. Moreover, the safety and hygiene at workplace, rights of women workers have been endangered due to deficiency of the Labour Law-2006 and same situation is prevailing yet.
Statics show that majority workers of the country are presently engaged private sector. If the new law fails to bring desired stability and development in industrial sectors, then definitely the responsibility will be conferred upon the law makers and consequently, the private sector and our majority urban workers will face maximum damage.
The writer is a Lawyer and a University of London Graduate.
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