Capital: Dhaka

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike .
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2011
Background
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 182 Worst Forms of Child Labour Convention (1999)
Capital: Dhaka

reported violations- 2011
Trade union rights in law
Trade union rights are not adequately protected in law. While the Constitution provides for freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
, in order to register, unions must represent an inordinate 30% of the workers in an enterprise and must obtain authorisation from the government. No action can be taken prior to registration, and the Registrar may also cancel the registration with Labour Court approval. In general, only enterprise unions can be created and only current employees can be union members, which means that the loss of a job also leads to the loss of union membership. Public sector workers are prohibited from joining unions, although there are a number of notable exceptions.
Furthermore, the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is also limited. All strikes must be called within a specific time frame or the dispute will be considered terminated, and the decision to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
must be taken by a three-quarters majority. The government can ban any strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
that continues beyond 30 days in “essential services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
” or if the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is considered a threat to national interest, in which case the 1974 Special Powers Act can be used to detain trade unionists without charge. Offences such as “obstruction of transport” carry exorbitant penalties of up to 14 years’ forced labour.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by law.
Anti-Union discrimination:
- >NO INFORMATION AVAILABLE
Restrictions
Legal barriers to the establishment of organizations:
- >Prior authorisation or approval by authorities required for the establishment of a union
- Unions must have government approval to be registered, and no trade union action can be taken prior to registration.
- >Excessive representativity or minimum number of members required for the establishment of a union
- Before a union can be registered, 30% of workers in an enterprise have to be members, and the union can be dissolved if its membership falls below this level.
Restrictions on workers' right to form and join organizations of their own choosing:
- >Undue or excessive privileges granted to certain organisations (such as privileges going beyond that of priority in representation for such purposes as collective bargaining or consultation by governments, or for the purpose of nominating delegates to int
- Unions can only be formed at the factory/establishment level, however in some exceptional cases (such as private road transport, private inland river transport, tea, jute bailing and bidi production) unions can be based on a geographical area. There can be no more than three registered trade unions in any establishment.
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to elect representatives and self-administer in full freedom
- Candidates for union office have to be current or former employees of an establishment or group of establishments. The Registrar of Trade Unions has wide powers to interfere in internal union affairs.
- >Administrative authorities' power to unilaterally dissolve, suspend or de-register trade union organisations
- The Registrar of Trade Unions may cancel the registration of a union with Labour Court approval.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Managerial and supervisory staff
- Managerial staff and employees who are designated by employers as "confidential" are prevented from joining unions.
- >Export processing zone (EPZ) workers
- The EPZ Workers Association and Industrial Relations Act (2004) provided for the formation of trade unions in EPZs. After an initial stage - which ended on 31 October 2006 - where workers were only allowed to set up Worker Representation and Welfare Committees (WRWC), the second stage would, if enacted, have allowed the workers to transform their WRWCs into trade unions, referred to as Workers’ Associations in the law. However, the Act was amended in 2009, and the term “Workers’ Association” wa+E126s replaced by “Workers’ Welfare Organisation”, meaning the right to form trade unions in EPZs remains far off.
- >Other civil servants and public employees
- Under the Bangladesh Labour Act (BLA) of 2006 government workers and workers employed in offices under government authority are prohibited from belonging to a trade union with the exception of railway, postal, telecommunications, public works, public health engineering and government printing press workers. Firefighters are denied the right to form unions. On the positive side, new categories of workers, including teachers and NGO workers, are permitted under the BLA to form unions.
- >Armed forces
- Security forces are denied the right to form unions.
- >Others categories
- Membership of a union is restricted only to workers currently working at an establishment, meaning that loss of employment also results in the end of a worker's membership of the union. The law further provides that even if the worker contests the termination, union membership is only returned when the worker is actually reinstated, which can take years given the slowness of Bangladesh's courts. On 5 November 2009, the Bangladesh Labour Act was amended to limit trade union activities at the Chittagong and Mongla ports. Pursuant to the new Act, each port can only have one trade union, which must be set up within six months of the day of enactment of the amendment. All existing trade union bodies will be dissolved. Only workers that have completed one year’s service can be registered as members of these trade unions.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law.
Right to strike
Principles
Right to strike:
- >The right to strike is recognised by law but strictly regulated.
Restrictions
Legal barriers to lawful strike actions:
- >Obligation to observe an excessive quorum or to obtain an excessive majority in a ballot to call a strike
- Three quarters of a union's members must agree to a strike before it can go ahead.
- >Other undue, unreasonable or unjustified prerequisites
- The labour law requires that parties to an industrial dispute must initiate legal proceedings (request conciliation, give notice of a strike or lockout, or refer the dispute to the Labour Court for settlement) within a specific timeframe or the authorities will consider the dispute to be terminated. Section 212 of the Bangladesh Labour Act prohibits the parties from raising the specific issue or subject again for one year after the issuing of a termination order.
Ban or limitations on certain types of strike actions:
- >Restrictions with respect to the level or scope of a strike (e.g. (enterprise, industry and/or sector, regional and/or territorial, national)
- At the company level, strikes are not allowed in new establishments for three years from the date they begin commercial operations, where the factory is newly built, owned by foreign investors or established with foreign aid.
Undue interference by authorities or employers during the course of a strike:
- >Authorities' or employers''' power to unilaterally prohibit, limit, suspend or cease a strike action
- The government can ban any strike if it continues beyond 30 days (in which case it is referred to the Labour Court for adjudication), if it involves a public service covered by the Essential Services Ordinance or if it is considered a threat to the national interest. The government may ban strikes for renewable periods of three months.
Provisions undermining the recourse to strike actions or their effectiveness:
- >Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- If a strike is considered a threat to the national interest, the 1974 Special Powers Act can be used to detain trade unionists without charge. Sentences of up to 14 years' forced labour can be passed for offences such as "obstruction of transport".
Limitations or ban on strikes in certain sectors:
- >Other limitations (e.g. in EPZs)
- The ban on strikes or lockouts in the EPZs was due to expire on 31 October 2008. However the rules allowed the Bangladesh Export Processing Zone Authority to extend it until 31 October 2010.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 182 Worst Forms of Child Labour Convention (1999)
Capital: Dhaka

reported violations - 2011
In practice
See tripartism, ITUC Guide to international trade union rights , said an estimated seven million child workers are presently involved in hazardous jobs with the majority working in urban areas in informal sectors like factory, transportation, battery recycling, small workshops, shoe factory and household work. Sharfuddin said more than three million children work in Dhaka alone and that some 1.3 million are engaged in hazardous work.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 182 Worst Forms of Child Labour Convention (1999)
Capital: Dhaka

reported violations - 2011
Violations
On 8 May, members of the Noujan Sramik Federation (NSF) went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
after the union rejected a new pay scale that failed to meet their wage demands. The new pay scale was finalised in a tripartite meeting on 6 May among vessel owners, workers, and the government. However, representatives of the NSF were not at the meeting. Police arrested NSF acting President Shah Alam on 10 May along with NSF members Mohammad Taher and Monir. Police arrested Shah Alam on complaints of vandalism and causing a disturbance in front of Sadarghat launch terminal on 8 May. Complaints have also been filed against 125 striking workers. On 13 May, police arrested the NSF office assistant and the office janitor at the NSF office in Dhaka.
On 15 May, the NSF ended its strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
after the government assured them of fulfilling some of their demands. Nur-e Alam Chowdhury, Chairman of the parliament standing committee on the shipping ministry, allegedly signed an agreement with the strikers. According to the agreement, all the cases filed against the strikers would be withdrawn and all detained workers’ leaders released, Chowdhury said. On 17 May, thirteen NSF members, including NSF President Shah Alam, were granted bail by Metropolitan magistrate, Abdul Majid.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike against six recently privatised berth operators to enforce their demands, which included the recruitment of scrutinised workers. DBSKF called off the work stoppage after the Chittagong Port Authority (CPA) assured them their demands would be met. But the private owners balked at the agreement, and Berth Operator Owners Association President Shahadat Hossain Selim said that it would not hire former CPA workers. In response, DBSKF resumed the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . After the Shipping Minister intervened and was unable to resolve the dispute, the Government deployed the army to keep cargo moving at the port on 13 October. Port Security Director Lieutenant Colonel Kamrul Islam also banned all protests at the port. Despite the ban, DBSKF members attempted to demonstrate on 13 October. Police arrested 29 workers on the same day while 11 more were detained on 14 October. Three cases were filed against unidentified workers under the Speedy Trial Act for leading the protests in defiance of the ban, attacking police, and forced entry to the fourth jetty. During a special operation on 15-16 October, police arrested DBSKF labour leaders Biplob Majumdar, Maharram Ali, Akther Hossain and four others.
The Bangladesh Pilots’ Association (BAPA) members who are pilots of the national carrier, Biman Bangladesh Airlines Ltd (Biman), went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 28 October after launching an earlier protest on 22 October to protest the company’s 9 September directive that changed the pilots’ retirement age from 57 to 62. The decision would leave pilots without insurance and rehabilitation benefits after reaching age 57. The strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
was called after Biman management suspended BAPA’s acting President, Zakir Hossain; General Secretary Basit Mahtab; and pilots SM Helal, Farazi and Maksud on charges of leading the 22 October protest. Following the pilots’ suspension, Biman Managing Director Mohammad Zakiul Islam said that striking pilots must return to work by 30 October or face legal actions including lay off.
BAPA pilots returned to work on 30 October after PM Sheikh Hasina’s Assistant Private Secretary Saifuzzaman met with the pilots on 29 October and told them that the Prime Minister would look into their demands but that they would need to call off their strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
without any condition. On 30 October, PM Sheikh Hasina said that international norms will be followed in providing benefits to Biman pilots whose service will be extended because of a change in retirement age. Hasina, who met with a 16-member BAPA delegation, said that the service age had been extended because of a shortage of pilots.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike on 27 November to protest the company’s dismissal and the filing of criminal charges against MGMCL Miners and Workers Union leaders. The union leaders terminated on 23 November were President Mominul Haque Momin; Vice-president Sadequl Islam; General Secretary Mostafizur Rahman; Secretary Mehdi Hasan; and Office secretary Safiur Rahman. The company alleges that the union officials stole company documents and assaulted company officials. However, the union claims that it only attempted to block newly appointed company officials from entering company premises. MGMCL General Manager Md Abul Bashar (Administration) filed a case against the five union leaders under the Speedy Trial Act with Parbatipur thana on 25 November. The workers have also been demanding regularisation of their jobs since the beginning of the year.
Four people were killed and at least 60 other people were injured on 12 December when police attacked garment workers who were protesting over decreased wages under the government’s new wage schedule. Eight of the injured were treated for bullet wounds. Two of those killed were identified as rickshaw puller Ariful Islam, 35, and CM Superior Garments worker Ruhi Das, 45. Ruhi was fatally shot in front of the Chittagong export processing zone export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. ’s (EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. ) main entrance. The protests started after 10,000 workers at Korean Youngone Ltd arrived at work only to find that the company had closed all 11 of its factories for an indefinite period. Chittagong Industrial Police Senior Assistant Director Rezaul Masud said that police fired a total of 519 live rounds and 96 teargas canisters at protesters. Police detained at least 30 people in connection with the demonstration.
On 10 April, one garment worker of Opex Knitwear Ltd, of the Opex and Sinha Group in Kanchpur, Narayanganj, was killed and at least 10 others injured when company thugs attacked a group of 2,000 workers. Workers were protesting inside the factory for higher wages, overtime, leave allowances and wage increments. The worker killed was identified as Ziaur Rahman Khan, 25, a resident of Kanchpur. He was critically injured during the attack and rushed to Dhaka Medical College Hospital, where he died.
Vertex Garments Ltd workers in Mirpur, Dhaka, stopped work on 23 July to demand the punishment of five company officials believed to be involved in the killing of nineteen-year-old Vertex worker Beauty Akhter. A witness saw Beauty fall from the top of the factory a short time after she quarreled with company supervisor Jharna Begum. Police arrested 11 people during the protests.
Protests at garment factories were widespread throughout the year and were often met with police brutality. Workers protesting over wage demands or management were frequently injured due to the use of batons and rubber bullets by the police to break strikes. Some of the incidents included the following: in Ashulia, nearly 50 garment factories suspended operations on 11 January when 40 people were injured during a demonstration of about 9,000 garment workers from three factories of the Envoy Group; about 40 workers of Navana Textiles Ltd (Navana) were injured on 12 April during a demonstration of 2,300 protesting Navana workers; about 30 workers of six Nasa Group garment factories were injured during a demonstration of 8,000 workers on 15 April; about 20 workers at AJ Garments Ltd garment factory in Ashulia were injured on 22 May when company goons attacked factory workers who demanded the removal of two company supervisors, Biplob and Rubel, who assaulted two operators, Mizan and Nasrin workers, on 20 May; on 19 June, at least 100 garment workers, including 10 police, were injured in Ashulia when police attacked about 7,000 demonstrating workers of Nasa AG Super Garments Ltd; and 200 garment workers were injured on 21 June when Bangladeshi police fired tear gas canisters and rubber bullets at tens of thousands of garment workers protesting at Ashulia. Dhaka Police Chief Iqbal Bahar said that 26,000 workers walked out of one factory to protest low wages and working conditions and were joined by more than 100,000 from neighbouring factories when the factories sent their workers home.
Many more incidents were reported, in particular, when workers protested to demand implementation of the government’s new wage structure for garment workers. All involved workers being injured and the use of violence against the protesting workers.
The government withdrew the registration for the Bangladesh Center for Workers Solidarity (BCWS) of its legal status on 3 June. Investigators alleged that BCWS was involved in creating instability among garment workers in Narayanganj, Savar, Gazipur and Ashulia. The NGO Affairs Bureau (NGOAB) Director (registration) AM Saiful Hasan ordered the Dhaka District Administration to seize the moveable and unmovable property of BCWS and freeze its bank account. On 16 June, BCWS organiser for the Savar District, Aminul Islam, was detained by security forces, beaten and forced to sign a self-incriminating statement. Mr. Islam was told that if he refused to sign, he would be killed in a staged “cross-fire incident,” his wife murdered and children orphaned.
On 5 August, it was reported that the Bangladesh government had cancelled the registration of 334 NGOs in the last four months for their involvement in corruption, misuse of foreign funds and patronisation of militancy. The move is significant, as the government had cancelled only 56 foreign-funded NGOs since 1990. On 30 July, police filed charges against BCWS Director Ms. Kalpona Akhter; Director of the Bangladesh Garment and Industrial Workers Federation (BGIWF) Babul Akhter; and Aminul Islam on charges of inciting worker unrest. Police arrested and detained Ms. Kalpona Akter and Mr. Babul Akhter on 13 August. On 28 August, Babul Akhter was severely beaten in police custody by non-uniformed persons who also threatened to kill him in a staged incident. Aminul Islam surrendered to court officials on 29 August. Kalpona Akter and Babul Akhter, as well as Aminul Islam, were released on bail on 10 September.
Numerous union leaders and workers were arrested in connection with garment workers’ protests during the year. Some went into hiding. Among those arrested were Garment Workers Trade Union Centre trade union centre A central organisation at the national, regional or district level consisting of affiliated trade unions. Often denotes a national federation or confederation. adviser Mantu Ghosh on 31 July; Mohammad Shahidul Islam, President of the Kendriya Garments Sramik Dal; and six Florate Fashion Wear Ltd garment workers on 8 and 9 August; Jatiyatabadi Garments Sramik Dal President Haji Shahidul Islam was arrested on the morning of 9 August; Garment Labour Trade Union Centre trade union centre A central organisation at the national, regional or district level consisting of affiliated trade unions. Often denotes a national federation or confederation. (GLTUC) Vice-president Tuhin Chowdhury on 2 September; Garment Sramik Oikkya Parishad President Mosrefa Mishu on 14 December; Baharane Sultan Bahar, President of the Jago Bangladesh Garments’ Workers’ Federation on 16 December; and Evergreen Products Factory (BD) Ltd factory workers Noor Alam and Motiur Rahman on 18 December.
Other arrests included nine garment workers on 5 August, four Shed Fashion garment workers on 7 August and 30 Shed Fashion garment workers at Zamgora on 10 August.
Numerous garment factories closed and dismissed their workers, citing “worker unrest” as the reason for such actions. Some of the factories that closed and/or dismissed workers include the following: Pearl Garments Company Ltd of Indian-owned Epic Group in Ashulia dismissed 148 workers out of its total workforce of 1,350 on 17 April; at least 25 people, including 10 policemen, were injured on 15 June when police attacked several thousand workers from Shomahar Sweaters, Ltd Focus Sweaters, and Waga Fashions in Tejgoan with batons, tear gas and rubber bullets; on 10 June, Shomahar officials suspended operations for five days after workers demanded a wage increase; on 20 June, garment workers at the Oceanian Sweater Ltd at Dendabar, Savar, Dhaka, protested over the payment of wages; and three Envoy Group factories also announced layoffs after their workers demanded release of their co-workers arrested in the 13 June protests.
Similar unrest occurred at several other factories including the following: Padma Poly Cotton Ltd in Dhaka’s Tejgaon industrial area where management closed the factory in response to a workers’ demonstration over the dismissal of 97 co-workers; Universe Knitwear Factory in Ashulia, where at least eight people were injured on 4 December when police attacked 1,700 factory workers who were demonstrating over the closure of their factory with no prior notice; and Meddler Apparels Ltd in Ashulia, which closed for an indefinite period on 2 December after workers protested on 1 December to demand the removal of abusive factory supervisors and an increase in the piece rate.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 182 Worst Forms of Child Labour Convention (1999)
Capital: Dhaka
