ADR UNDER LABOUR CODE 2006

WHO ARE THE WORKERS UNDER LABOUR CODE?

WORKER S-2(65) ‘worker’ means any person including an apprentice employed in any establishment or industry, either directly or through a contractor, to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does not include a person employed mainly in a managerial or administrative capacity;

WORKER S-4 (a) Apprentice, (b) Badli, (c) Casual, (d) Temporary, (e) Probationer, and (f) Permanent.

SOME IMPORTANT TERMS Dismissal Discharge Retrenchment Strike Lock-out Lay off wages

Industrial dispute s-2(62) ‘Industrial dispute’ means any dispute or difference between employers and employers or between employers and workers or between workers and workers which is connected with the employment or non-employment or the terms of employment or the conditions of work of any person;

SETTLEMENT S-2(25) ‘Settlement’ means a settlement arrived at in the course of a conciliation proceeding, and includes an agreement between an employer and his worker arrived at otherwise than in the course of any conciliation proceedings, where such agreement is in writing, has been signed by the parties thereto and a copy thereof has been sent to the Director of Labour and the Conciliator;

collective bargaining agent s2(52) ‘Collective Bargaining Agent’, in relation to an establishment or group of establishments, means the trade union of workers or federation of trade group of establishments in the matter of collective bargaining;

GRIEVANCE POCEDURE Two types of grievance Industrial dispute Individual employment dispute Which type of dispute can go for alternative dispute resolution?

GRIEVANCE POCEDURE Complaint to the Labor Court under s-33 Application under s-209

Non adjudicatory methods Negotiation Conciliation Arbitration

Labour appellate tribunal Mixed Negotiation Conciliation Labour court Labour appellate tribunal High court division Appellate division

Essentials for claim Question of industrial dispute have to be raised by – Employer or Collective Bargaining Agent

Negotiation s-210(1,2,3,4) If employer or CBA can foresee any dispute inform the other party in writing. Within 15 days arrange negotiation between two parties or their representatives through the procedure of dialogue. If a settlement is reached a memorandum shall be recorded and signed by both the parties and shall be forwarded to the Government,Director of the Labour and the Conciliator. 30 days time is allowed for Negotiation.

CONCILIATION S-210(5,6,7,8,9,10) Failing a negotiation any party may report to the conciliator in writing and request him for settlement. Government appoint Conciliators and determine their functions. Within 10 days starts conciliation. Within 30 days or agreed period reached a binding settlement. Sent a report to the Government signed by the parties.

Arbitration If conciliation fails the conciliator shall tyr to persuade the parties to agree to refer the dispute to an Arbitrator. If parties do not agree within 3 days issue a certificate of failure. Joint request to the arbitrator if agreed for Arbitration. Arbitrator from the panel maintained by the Government or agreed upon by the parties. Award within 30 days Forward copy Final and no appeal. An award valid for 2 years

Director of labour Take over any conciliation and settle himself.

consequences 301. Penalty for non-compliance with the provisions of section 210 (7) : any person who fails except for reasons satisfactory to the conciliator, to comply with the provisions of section 210 (7) shall be punishable with imprisonment for a term which may extend to six month or with fine which may extend to two thousand taka. or with both.

292. Penalty for committing breach of settlement etc 292. Penalty for committing breach of settlement etc.: Whoever commits any breach of term of any settlement award or decision which is binding on him under this act shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand taka or with both.

293. Penalty for failing to implement settlement etc 293. Penalty for failing to implement settlement etc. : Whoever willfully fails to implement any term of any settlement, award or decision, which is his duty under this act to implement shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to ten thousand taka or with both.

228. Conditions of service to remain unchanged while proceedings pending : (1) No employer shall, while any conciliation proceeding or proceedings before an arbitrator, a labour court or the tribunal in respect of an industrial dispute are pending, alter to the disadvantage of any worker concerned in such dispute the conditions of service applicable to him before the commencement of the conciliation proceedings or of the proceedings before the arbitrator, the labour court or the tribunal, as the case may be, not shall he save with the permission of the conciliator, while any conciliation proceedings ore pending ; or save with the permission of the arbitrator, the Labour court or the tribunal, while any proceedings before the arbitrator, Labor court or the tribunal, while any proceeding before the arbitrator labor court or tribunal are pending discharge, dismiss or 107 otherwise punish any worker or terminate his service except for misconduct not concerned with such dispute. (2) Notwithstanding anything contained in sub-section (1) an officer of a trade union shall not during the tendency of any proceedings referred to in sub-section (1), be discharged, dismissed or otherwise punished for misconduct, except with the previous permission of the labour court.

297. Penalty for contravention of section 228 (2) : Any employer who contravenes the provisions of section 228 (2) shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand taka, or with both.

342. Certain matters to be kept confidential : There shall not be included in any report, award, decision or judgment under this act any information obtained by the officer, authority conciliator, arbitrator, Labour court or Tribunal, in the course of any investigation or enquiry as to a trade union or as to business or trade which is not available otherwise than through the evidence given before such authority, if the trade union person, firm or company in question has made a request in writing to the authority that such information shall be treated as confidential, nor shall such proceedings disclose any such information without the consent in writing of the secretary of the trade union or the establishment in question, as the case may be: Provided that nothing contained in this section shall apply to disclosure of any such information for the purpose of a prosecution under section 193 of the penal code.