Trade union possible with 20 workers

The process of forming trade unions in factories is being made easier through amendments to the labour law. Under the existing law, forming a trade union in any factory requires the consent of 20 per cent of its workers.

In the amended law, the “percentage” requirement will no longer apply. After much debate, the three parties- employers, workers, and the government- finally reached consensus on this issue.

The workers’ side argued that a trade union should be allowed in any factory with the consent of at least 20 workers. The employers also agreed to replacing percentage with a numerical threshold, though they want the required number to be higher than 20 in factories outside the garments sector.

These issues were discussed at the 89th meeting of the 60-member Tripartite Consultative Council (TCC) held yesterday, Tuesday, at a hotel in Dhaka. The meeting, organised by the Ministry of Labour and Employment, was attended by 20 representatives each from the government, employers, and workers.

The meeting was chaired by Labour Adviser Brigadier General (retd.) M Sakhawat Hossain. Also present were the Chief Adviser’s Special Envoy on International Affairs Lutfey Siddiqi, Labor Secretary AHM Safiquzzaman, TCC Vice-Chairman Anwar Hossain, and Labor Reform Commission Chairman Syed Sultan Uddin Ahmed, among others.

Observers included officials from the International Labour Organization (ILO), the European Union (EU), the US Embassy, and the Canadian High Commission. The Labour Adviser was not present throughout the entire session.

Currently, if a factory is large, labour law allows the formation of up to three trade unions. This will now be increased to five. The workers’ side argued that if multiple unions exist, the Collective Bargaining Agent (CBA) should be elected through a vote. Another agreed change is that minimum wages, which are now revised every five years, will instead be reviewed every three years.

Lutfey Siddiqi, Special Envoy of the Chief Adviser, said at the meeting: “One side wants to delay the amendment of the labour law and leave it to the next government. But if we assume that, three months before the upcoming February elections, the country will already be in election mode, then we have very little time left—only about 55 working days. Therefore, the remaining processes of labour law amendment must start tomorrow.”

Labour Secretary AHM Safiquzzaman added that work on the issue will continue throughout September and the amendments will be completed by October.

Under the current law, an institution may set up a provident fund for the benefit of its workers. The amendment will make it mandatory for employers to establish such a fund if the factory has at least 100 permanent workers. The penalty for employing child labour will be raised from Tk 5,000 to Tk 25,000.

Another new provision states that if a worker informs the employer that a task poses a serious risk to life or health, the employer cannot compel the worker to perform that task. If workers take protective measures in accordance with labour law and the national safety policy, employers may not take punitive action against them. In addition, blacklisting workers will no longer be permitted.

However, employers did not agree to demands for extending maternity leave to six months or increasing compensation for workplace accidents.

Mohammad Hatem, President of the Bangladesh Knitwear Manufacturers and Exporters Association (BKMEA), said, If the employer commits an offense, he should be punished. But what about when workers attack management officials or disrupt production at will—what provisions exist for that? In response, the Labour Secretary said such cases will fall under criminal law.

Highlighting the denial of maternity leave, TCC member Razequzzaman Ratan said, punishments for violating the law must truly act as punishment.

Another TCC member, Bangladesh Labour Federation General Secretary Sakil Akhter Chowdhury, said, the law should also provide for punishment of government officials when they fail to enforce labour laws in workplaces.”

Labour Reform Commission Chairman Syed Sultan Ahmed said, “Even when a large number of workers die in a factory, the maximum punishment for the owner is only four years in jail. This needs to be changed.

Asked about the meeting, Syed Sultan Ahmed told Prothom Alo, this was the best meeting compared to any in the past. It is certain now that the percentage requirement for trade unions will be abolished. However, the Ministry will still work on the registration process of trade unions. Everything will be finalised in a few days.