At the end of the session students are expected to  identify the distinguishing characteristics of registered and unregistered trade unions  have comprehensive.

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Presentation transcript:

At the end of the session students are expected to  identify the distinguishing characteristics of registered and unregistered trade unions  have comprehensive understanding of legal implications of trade unions  critically analyse the status of Trade Unions in EPZs

 Every trade union has to be registered under Labour Code 2006 to function legally  Registration lends legal entity, authenticity, and recognition of trade union  Unregistered trade union is not legally accepted and recognised  Carrying on the function of any trade union without registration is prohibited (section 192, Bangladesh Labour Code 2006)  No trade union which is unregistered or whose registration has been cancelled shall function as a trade union ( section 192.2, Bangladesh Labour Code 2006)

 A trade union can be registered only if it has at least 30% membership of the total workers in that establishment (sec Bangladesh labour Code, 2006)  The director of Labour will register a trade union issuing a registration certificate within 60 days from the receipt of application

 It is body corporate with perpetual succession and common seal  It has the power to acquire and hold both movable and immovable properties  It has the power to contract  It can by the name under which it is registered sue and be sued Source: (section 194, Bangladesh Labour Code 2006)

 The director of Labour can cancel a trade union’s registration if ◦ The trade union applies for cancellation ◦ It no longer exists or abolished ◦ The certificate is obtained by fraud or mistake ◦ It commits any unfair labour practice ◦ It violates any provision of its constitution (section 190, Bangladesh Labour Code 2006)

 The Director of Labour has to submit an application to the Labour Court to seek permission for cancellation  The Director of Labour has to cancel the registration within 30 days from the date it has received the permission  the registration of trade union will not be cancelled If the application is not submitted to the labour court within 3 months from the date of commission of the alleged unfair labour practice Source: (section 190, Bangladesh Labour Code 2006)

 Trade union was forbidden in EPZ till 2004  The ground was: trade union would undermine the working environment  Bangladesh Private Processing Zone Act 1994 was passed to marshal the EPZs with no provision of trade union  Right now, the EPZ Workers‘ Welfare Association and Industrial Relations Act 2009 does not allow trade unions  According to Labour Code 2006, only one trade union is allowed in a particular zone

 Prohibition of Collective Bargaining  Establishment of federation workers’ associations among different EPZ is also not allowed.