Strikes are common forms of protest performed by employees in various professions, especially workers, to address grievances and demand fair treatment. However, it is important to note that the government of Bangladesh has the authority to impose restrictions on strikes. Two legislations, namely the Essential Services (Maintenance) Act 1952 and the Essential Services (Second) Ordinance 1958, outline the government's power to prohibit strikes.

These legislations provide the government a wide scope of application. However, certain conditions must be met for private employment. The government can declare private employment subject to these legislations if it deems it essential for defence, security, public order, or the maintenance of crucial supplies or services for the people of Bangladesh. Any such declaration is valid for a maximum of six months, unless extended by an order. Under the Essential Services (Maintenance) Act 1952, the government can also restrict employees engaged in such employment from leaving their workplace or specified locations mentioned in the order.

Singly or collectively disobeying any orders at the workplace or inciting others to do so, refusing or neglecting duties, leaving or staying absent from the workplace without reasonable cause, or disobeying prohibitions on leaving a place without authority permission are considered offences under these legislations. Besides, the Act of 1952 also holds employers accountable. If an employer dismisses an employee without reasonable cause or shuts down the establishment preventing work, this is to be deemed a breach of law. Furthermore, aiding or encouraging the commission of an offence under this Act is also considered to be a contravention of law.

Offenders proven guilty under this Act may face imprisonment for up to one year and fines of any amount. If the accused is a director, manager, secretary, or officer of a company or corporate body, he/she can be held equally liable unless he/she can prove their lack of knowledge or demonstrate due diligence in preventing the offence.

Ongoing strike means that employees collectively refrain from working regardless of the orders of the employer or superior officer in protest of any injustice or inconsistency in the workplace or to establish a fair right. But such activities are treated as punishable offences for some class of employees in the above legislations, which actually restrict their right to strike.

Although the Constitution of Bangladesh prohibits forced labour (art 34), it allows exceptions for laws imposed to pursuit public purposes. Similarly, while art 36 guarantees freedom of movement for the citizens of Bangladesh, reasonable restrictions imposed by law in the public interest are permissible. Therefore, the Essential Services (Maintenance) Act 1952 and the Essential Services (Second) Ordinance 1958 can only be applied in the interest of achieving public objectives. If these legislations are used against public interest, they would violate the constitution.

The government is currently planning to replace these two legislations with a new law. The proposed bill provides a comprehensive list of services classified as essential. It empowers the government to prohibit owners from suspending work due to reasons like raw material shortage or stockpiling of goods or equipment failure, which may lead to layoff. Violating the restrictions outlined in the bill can result in a maximum of six months imprisonment, a fine of Tk 50,000, or both.

The Essential Services Bill 2023 has been sent to the Ministry of Labour and Employment-related Parliamentary Committee for approval. It is hoped that the new law will not undermine the civil, political, and constitutional rights of the citizens.

The Writer is a Student of Law, Bangladesh University of Professionals.