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CIVIL SERVICE COLLEGE, DHAKA

(Affiliated to the University of Dhaka)


Plot # E 33 Agargaon, Sher E Bangla Nagar, Dhaka-1207



Individual Assignment
On
Labor and Employment Law
(What is the main barrier of peace full industrial relation in Bangladesh?
Why the labor laws changed so many times?)


Submitted
To
Advocate Jafrul Hassan Sharif
Course Facilitator
of
Employment and Labour Laws in Bangladesh (ELLB)
Civil Service College


Submitted
To
Md. A
MPA in HRM (7
th
Batch)
CSC-000



Submission Date: Saturday, 16 August 2014
Individual Assignment on ELLB Basis on Two Question

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Tables of Contents Page
Acknowledgement 3
Executive Understanding on industrial relation 3
What is the main barrier of peace full industrial relation in Bangladesh? 4
Why the labor laws changed so many times? 6
Conclusion & Comments 7
Individual Assignment on ELLB Basis on Two Question

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Acknowledgement:




Executive Understanding on Labor Law:
Industrial Relations (IR) usually refer to relationships between labor and capital
that grow out of employment. There are two parties in the employment
relationship-labor and management. Both parties need to work in a spirit of
cooperation, adjustment, and accommodation. Specimen

The relationship between employer and employee or trade unions is called IR.
Harmonious relationship is necessary for both employers and employees to safeguard
the interests of both parties of the production. In order to maintain good
relationship with the employees, the main functions of every organization should
avoid any dispute with them or settle it as early as possible so as to ensure
industrial peace and higher productivity.

In other words, good Industrial Relation means industrial peace which is necessary for
better and higher productions. Some authors describe the term industrial relations
also as either the full range of rule governing the work place (Dunlop, 1958). IR is also
concerned with determination of wages and conditions of employment. IR and Human
relations are distinctly two indispensable factors in industry, one depending on the
other.

Individual Assignment on ELLB Basis on Two Question

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What is the main barrier of peace full industrial relation in Bangladesh?
The Labour Law of Bangladesh is a complex and curious mix of different legislations,
regulations and ordinances. Before the adoption of Labour Act of2006, there were
about 57 laws in force in Bangladesh encompassing labour and industrial sectors. After
the enactment of the Labour Act, twenty five of the prevailing enactments stood
repealed and were amalgamated.

Legal framework of trade union The Constitution of Bangladesh provides the basic
legal foundation for formation of organizations by workers and employers. The main
statutory framework for such organizations is the Bangladesh Labour Act 2006.
Besides legal restrictions, administrative manipulations, especially in private industries
and informal sectors, prevent the workers from enjoying the right to be organized.

Currently trade unions as the industrial relations system are beset with problems. The
following are some of the reasons --
Politicization or political affiliation of trade unions prevents them from
becoming strong partners in collective bargaining. Politicization of a trade union
also causes the loss of its distinct identity;
Lack of solidarity among trade unions, provincialism, patron age of vested
interest groups and internal conflict are some of the reasons that have led to
the fragmentation of trade unions. The trade unions must be free from
influences from political groups, government influence and owners;
Workers at the grass root level are not aware of their rights.

Individual Assignment on ELLB Basis on Two Question

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At the national level, trade unions are divided into many federations with diverse
ideological and political philosophy. Such division at the national level is commonly
reflected in industrial relations at the plant level causing intra and inter-union rivalries
due to ideological and political overtones. In the public sector, it is found that trade
unions are often unable to pursue their objectives through the normal collective
bargaining process as
(a) Management in public sector is highly centralized
(b) Government participates directly in wage setting procedures in the public
sector, and
(c) Collective bargaining in major issues is formally restricted in the public
sector.
In order to strengthen the trade union movement in Bangladesh, the following issues
of good governance should be considered:
Legitimacy of trade unions, which hinges upon whether the trade union leaders
have the consent of the common workers and that they can be removed through
peaceful labour processes
Accountability of the trade union leaders, which requires a network of checks
and balances between labour institutions, and defined performance standards
for both common workers and trade union leaders Competence of the trade
union leaders, which involves the capacity to formulate appropriate charters of
demand, take timely decisions, and implement them effectively.




Individual Assignment on ELLB Basis on Two Question

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Why the labor laws changed so many times?
From the Industrialization the Labor laws has been changed many times for well faring
and establishing employee rights. In my understanding Labor Laws refers the
conditional relationship of worker and Owner.

Now days the what present situation stands and Owner (Employer) Practices the
different types Laws is nothing but the all reforming of worker laws. The industrial
relation system is pre-dominantly confrontational in nature rather than cooperative in
Bangladesh. It is characterized by the pre-dominant position of informal economy,
fragmented unions, weak labor institutions, lack of enforcement of labor laws and
conflict ridden employer-employee relations.

Without that there are some reasons which is as following
1. Freedom of Association and Collective Bargaining
2. Workplace safety and health
3. Other fundamental rights
4. Next steps on cooperation







Individual Assignment on ELLB Basis on Two Question

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Conclusion & Comments
It is evident that any kind of state intervention in industrial disputes may strain the
relationship between the workers and employers. But the government intervention in
trade union remains a persistent feature of industrial relation system in Bangladesh.

The success or failure of tripartite consultation or negotiations largely depends on the
responsiveness of Government to the demands and aspirations of both employers and
workers. The state government has to ensure that there is no interference in the
bargaining process from any political party, government or the employer.

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