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Published byArchibald Ramsey Modified over 8 years ago
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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
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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)
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A trade union can be registered only if it has at least 30% membership of the total workers in that establishment (sec 179.2 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
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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)
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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)
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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)
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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
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Prohibition of Collective Bargaining Establishment of federation workers’ associations among different EPZ is also not allowed.
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