The Bangladesh Labour Code, 2006 is a complete overhaul with recent legislative changes in labor legislation. The laws, which were replaced this code made especially during the British colonial rule and Pakistan for the period and were well 50 in the series. In many cases these laws were outdated, scattered, inconsistent and often overlap. In 1992 a Law Commission was of the Labour government of the day, the 44 examined the labor laws and formatView the recommended 27 and has put aside a project labor code in 1994. This draft of the Labour Code, has undergone changes in their series of 1994 Stadium security checks and finally the Bangladesh Labour Code, 2006, Adopted by Parliament on 11 October 2006. § 353 of the Code, the first 25 work has abolished such laws. There are 25 laws that were with applications for employment and industrial abolished or consolidated, and as such the Bangladesh Labour Code, 2006, although a ConsolidatedNot all laws in the consolidated financial statements presented.
Although the Labor Code of Bangladesh in 2006, entered into force in 2006, but there are some practical problems and shortcomings with respect to labor, 2006. Collective bargaining agent (CBA): CBA is a term that improves the conditions of working life. According to Hoxie, "Collective Bargaining (CB) is one way of determining working conditions through negotiations between an organized group of workers and employers or employers' associationusually represented by agents organized "CB is an important institutional mechanism to resolve conflicts between the CB is involved is a combination of two words: .. (a) combination (ie shared) and (b) bargaining (eg, supply and Counter undergo an agreement), we can say that CB is a technique to resolve conflicts between workers and employers. The object / purpose of collective bargaining is always to harmonize labor relations, to promote industrial peaceTo create conditions in which labor and capital are brought to eye level, while negotiations with the employer. CBA for a successful, certain conditions must be met. But it is a matter of mourning, is not that most of the following conditions in Bangladesh. However, the preconditions for a successful CBA are as follows: democratic attitude of management towards the workers and their unions should be guaranteed. But unfortunately in most of the context / situation in industry is to seethat the management always tries to dominate workers and their unions. Mutual trust, respect and trust between management and union activity are maintained.
The government should not interfere in the internal affairs of unions and collective bargaining. Dedicated leadership of the CBA or trade unbriable (TU) should be encouraged. But in most of the situation, it is evident that to bribe the law enforcement agency or supplies power to bribe in order toCBA, if the CBA does not want to take it gladly. The right of workers' strikes and collective bargaining should be guaranteed. Need training program should be to increase / improve the knowledge of the negotiation skills of university staff and workers are organized. But in practice, we see / notice that the majority of employers are always trying to dominate the workers and the TU. Through him, the employer or administrative authorities do not have to organize training programs for workersand TU. To make sure it works properly CB unfair labor practices under § 195 and 196 of the Bangladesh Labour Code, 2006, must be avoided and abandoned by both parties, and so on. Practical problems in relation to CBA: How do we know that there is equality between employers and employees in Bangladesh. The reasons (for example, practical problems) for the weak bargaining position of workers are as follows: The frequent attempts by the party (the employer) to silence or victims of traffickingUnion leaders by bribing them so that. The unfavorable position of authority or management. A weak industrial base and the absence of true democratic practice in Bangladesh. Politicization of the University to achieve inter-and intra-rivals, the opportunism of union leaders, the lack of experienced staff at TU-level business practices related to the problem so the Labour Court in Bangladesh: There are some practical problems in the employment tribunal in Bangladesh, are as follows: the number of LabourCourt in Bangladesh is not sufficient to compare the number of cases. As far as I know, it's only seven labor courts in Bangladesh.
Seven of the Labour Courts, three in Dhaka, two in Chittagong, Rajshahi, Khulna and one respectively. In fact you can not keep a lot of labor law legislation with some numbers of the courts. The number of employment tribunal should be increased compared to the volume of cases. Government has taken the necessary steps toabout. The president and members of the Court are not equipped with adequate facilities. So, discouraged / she scares, such as disabled, because the removal of early cases. Thus, a standard compensation package are offered together with the benefits eligible for the President and members of the court. It is believed that if someone offers lucrative compensation, the speed of his work has also risen sharply. The president and members of the Labour Court are part-time appointment.I think this is the main obstacle to the backlog. As part of the time as the President and members do not pay adequate attention to this matter. So the government. should submit, together with other organizations in this regard. And 'in § 218 (11) of the Labor Code of Bangladesh, said in 2006 that "The decision of the Labour Court of Appeal must be given within a period not exceeding 60 days from submission of the complaint. Provided that no decision isvalid. only because of a delay in delivery "Because of this provision in order to obtain a verdict, four have expired 56 years. There is a possibility, once the petition submitted by the parties, particularly employers. For this reason, long process. that workers are reluctant to prefer an appeal Well, I think there should be a clause be inserted, and that is - the decision of the Labour Court of Appeal within a period not exceeding 60 days after filling to be supplied. Assuming you meet can be extended for a further period of one year, in this respect, then to deliver a verdict. The financial inability prevents workers filling cases against management. The frequent postponement of the hearing makes injured workers very frustrated. The government and other authorities are reluctant to pay due attention to the problem of the Labour Court, this is another reason for limiting the number of cases. So to overcome this problem, thegovt. should submit, together with other relevant bodies to give due attention to this matter. "Termination Clause" is a black law, which is now in the Labor Code. "Termination simpliciter" is the safest step for the employer as a laborer to remove.
Although it is the safest step is the most expensive method for removing an employee, in the sense that the employer must give advance notice of four months or pay to replace the same period and alsoCompensation, which is much higher than discharge and dismissal. Although, there is the possibility of exercising reason sick employer. Since this clause is a great result for the employer to eliminate a worker is given of his work. Now the question arises whether any notice or four months' salary rather than for the same period of time sufficient to remove a worker by his employer, without any valid reason. An employee may not be able to find a suitable job for him in fourMonths. Based on this termination clause, employers try to use the large gaps in Bangladesh Labour Code, 2006. This clause should be of the Bangladesh Labour Code, drawn up in 2006 Although workers against UB Datt & Co., AIR 1953 SC 411, if the termination of service was a colourable exercise of power or as a result of the victimization or unfair labor practices , the labor market rather than the court would have jurisdiction to intervene and set asideTermination. But those who can not get most of the time, labor, natural law (which is not his job back). For this reason, and I firmly believe that in order to protect the interests of workers, provision of "withdrawal" should be removed from the labor code. Problems of Trade Unions (TU) in Bangladesh: The violation of the interests of workers, employers can not be held responsible. In addition to the employer, employee and TU Leader is also responsible. Some problems associated with the Technical University in Bangladeshoften in the context of Bangladesh observed industries. These problems are: lack of leadership needed, including the responsibility of the TU leaders, competence or qualifications of the TU. And 'success mainly due to ignorance and less education leaders TU.
Why should the training program should be organized to increase / improve the knowledge of the negotiation skills of university staff and employees. But in practice, we notice / thatMost employers are always trying to dominate the workers and the TU. Through him, the employer or administrative authorities do not have to organize training programs for staff and TU. Politicization of the TU. There is also a major problem in relation to the current situation in Bangladesh industries. Most of the time is seen in the industry that a certain class of workers to enjoy myself. Occurred mainly because of the politicization of the TU. Fragmentation (egall employees CBA takes several TU-reform). If the employee and staff keep in mind that YOU do not do anything that violates the interests of workers. Limitation of Labour Inspection Office and Administration: Ministry of Labour and Manpower has several agencies or departments. Inspection service for factories and businesses is one of those. There are some restrictions on the inspection service companies and plants are as follows:The absence of provisions to inspect the factory work: To start the operation, a factory has to meet certain requirements. Say for example the prior written permission of the Chief Inspector (CI) before the creation of a factory by the Labor Code is mandatory. The obligation of Engineering Wing is to approve the plan, which is attached. If the plan is ok, then we will have a certificate of registration of employers who want to provide a factory. Under § 326, BangladeshLabour Code, 2006 - "When is accompanied by a request for approval of plans and specifications for the CI and no order is sent to the applicant within two months from the date of its receipt by the Chief Inspector informed sought approval for the said registration is considered as given. "If the CI has refused to grant a license, then the injured party may, within 60 days from the date of such refusal, the government is able to answer, the higher authorities CI. The most importantProblem in Bangladesh is that there is no supervisory authority, the engineer land. There is no authority to monitor whether the or not implemented as planned. So there must be a check and balance is required from the administration. The absence of the provisions of the revocation of the license and registration factory: how do we know that the industry of the certificate of registry problems on the floor of the fulfillment of certain conditions. If the conditions are not met,So we do not have the right to cancel the registration. Therefore, the CI has a power that will cancel the registration by the permission given by the Labour Court. Since the employer thinks that all the recording, once received. No one can cancel their factories in the registry '. So, in this regard, the CI should have the power to cancel the registration. Inspection Office (IO) personnel is missing: most of the time, I do not have the laws relating to factories running. Their argument is the "lack ofworkers. "There are 30 lakh shops, 170 and 60 tea gardens ship breaking industry in Bangladesh court. But there are only 200 inspectors of the Department of Inspection for Factories and businesses. Literally, it is impossible to work with a large volume of working poor . I fully expected to increase when the number of 200-500 I can, then it is possible to carry out their activities properly claims a lack of provisions and whose departure from the laboratory. IOthe staff is only responsible for their failure.
But there are many problems, the factory, the remedy is long. I can do: "If, after listening to the workers 'complaints (eg payroll), giving the employer, the employer is obliged to pay the salaries of the workers' problems in connection with the multi-standard definition of child labor. Work in Bangladesh: A "child" is defined in the UN Convention on the Rights of the Child (CRC) as a person under the age18. This includes childhood, early childhood, middle childhood and adolescence. This is the commonly accepted definition of children, although the Convention allows each company has its own laws and customs into account. ILO Convention 182 recognizes a similar way, all people under 18 years as a child. This definition is increasingly accepted around the world. "ILO Convention No. 182" is a convention for the elimination of worst forms of child labor. It 'was ratified by Bangladesh in 2001. Laws of Bangladeshhave no consistent model for the definition of the child. For example, the "work of the Children Act 1938" has a child as a person who did not complete set of 15 years. But it is in § 353 of the Labor Law, said in 2006 that the Law No. 2 and 7 (ie children / Pledging of Labour) Act, 1933, Employment of Children Act 1938, Factories Act, But 1965 is repealed 'The Children Act 1974 "has not been repealed. It means that the law is now applied bait.' In 'The saidChildren Act, 1974 "The child is a person who has not completed 16 years the Contract Act 1872 and defines the majority of a child under the age of 18 but under § 2 (63) of the Labor Code, 2006 -.. " Child "means a person not completed his fourteenth birthday. This means that the definition of child labor inconsistent. The condition of working children in Bangladesh can easily be taken from this multi-standard definition of child labor, according to the laws of the country.Most of this difference between the provisions on age of children working at the time of order. Most of the laws against child labor with the definition of the UN Convention on the matching of children and differ from each other. Therefore, it is important to have a uniform definition of child in accordance with UN child rights convention, which will develop and apply all your senses.
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