Trade Union: The collective voice against workers’ predicament

In our country's perspective as well as worldwide, formation and joining into trade union is now a recognised right. Article 38 of our Constitution clearly grants the "right to association" as "every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order". So, the right to form and join into trade union falls within our "fundamental constitutional right" mandate. Apart from national mandate there is international mandate of forming trade union too (see, article 23(4) of the UDHR and the ILO Convention 1987).

Chapter XIII of Bangladesh Labour Act, 2006 lays down the procedure of forming trade unions along with the related matters of "industrial relations". A trade union cannot run without registration as declared in section 192. Initially, section 176 reaffirms the right to form a trade union. Section 176(e) guarantees that an establishment having 20% women workforce must have 10% women representation in the union. To form a union, application is to be submitted to the Registrar of the Trade Union in that particular area and this Registrar is the Director of Labour or anyone else authorised by him. The application must involve details about name, time of formation, addresses/occupations of the members, statement of total paid membership as well as the name and number of total workers of that concerned establishment. Attaching resolution as to adoption of the union constitution and authorising registration application is also mandatory for initiating registration process.

With the proper inclusion of everything in application as abovementioned, section 179 mentions about necessary requirements for registration. Accordingly, the constitution of the union must include name, object, manner of becoming member, fund source, conditions of benefit, members list, amendment process, fund maintenance and audit process, dissolution process, election process, no-confidence motion and meetings. A union cannot register without having membership of at least 30% workers of that establishment and the director can hold spot visit to satisfy itself before registration that the membership requirement is complied with.

More than one establishment of the same employer would be taken as one establishment for the purpose of formation of a trade union when the establishments are allied and work together in the same industry. There is a limitation in section 179(5) which states that not more than 3 registrations would be allowed within one establishment.  Within 60 days of application and the Registrar being satisfied as to the requirements, a Registration Certificate is issued and upon dissatisfaction an objection is communicated. If within 15 days the objection is addressed then the Registrar can either register the union or can reject the application. On the basis of grievance from such rejection, there could be appeal to Labour Court and later even to the Labour Appellate Tribunal.

Registration of trade union vests some rights upon itself and its members as well as furnishes the officials with some duties and immunities. The registered union gets the privilege of a "body corporate" with common seal and perpetual succession. Sections 186 and 187 guarantee that the conditions of service would remain unchanged pending registration of trade union and employer cannot alter those to the disadvantage of workers or officers. The workers service cannot be unilaterally terminated during the pendency of such registration thus safeguarding the intended union officer or member from being jobless at employer's sweet will. Further, any imposition of condition in employment or discrimination or discharge or removal on the basis of being part of a trade union would be an unfair labour practice and shall be punishable. Section 197 limits the application of criminal law regarding conspiracy for trade union as claim of conspiracy could be an easy way of blaming union officials. Section 198 gives immunity to the trade union, its members, officers and collective bargaining agent from civil actions along with section 198(2) giving immunity against tortious actions when it arises in the proceeding of an industrial dispute.

To sum up, we expect that the unions would remain beyond politicisation and malicious profit-making motives so that we may see the real visualisation of "unity in unionism".

The writer is a Student of Law, University of Dhaka.