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ADR under Labor Law in Bangladesh

Presented By
Md. Rasel Amin
Roll No. 20
Bangladesh Labor Act-2006 is concerned about :
employment of labor
relations between workers and employers
determination of wages
payment of wages
compensation for injuries to workers
formation of trade unions
health, safety, welfare and working conditions of workers
ADR under Labor Law-2006
Bangladesh Labor Act-2006 has incorporated the
system of ADR in its 14th chapter (From Art.209-231)
Article
210
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• If the parties reach a settlement on the issue
discussed, a memorandum of settlement shall be
recorded in writing and signed by both the parties
c and a copy shall be forwarded thereof by the
employer to the government, the Director of the
Labor and the Conciliator

• the Conciliator shall proceed to conciliate the


d dispute within 10 days

• The Conciliator shall arrange a meeting of the


parties to the dispute for the purpose of
e bargaining about a settlement
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• The parties to the dispute shall appear before the Conciliator
in persons or shall be represented before him by the person
nominated by them and authorized to negotiate and enter
f into an agreement binding on the parties

• If no settlement is arrived at within 10 days of receipt of


request under sub-section (4) by the Conciliator, the
conciliation proceeding shall fail or the conciliation may be
g continued as may be agreed upon by the parties.

• The Conciliator shall try to persuade the parties to agree to


h refer the dispute to an Arbitrator

• If the parties do not agree to refer the dispute to an Arbitrator,


the Conciliator shall, within three days of failure of the
i Conciliation proceeding, issue a certificate to the parties to
the dispute to the effect that such proceedings have failed
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• If the parties agree to refer to the dispute to an
Arbitrator, they shall make a joint request in writing
j for reference of the dispute to an Arbitrator agreed
upon by them.
• The arbitration shall give award within a period of
30 days from the date on which the dispute is
K referred to him or such further period may be
agreed upon in writing by the parties to the dispute.
• After he has made an award, the arbitration shall
l forward a copy thereof to the parties and to the
Government.

• The award of the Arbitration shall be final and no


m appeal shall lie against it
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• An award shall be valid for a period not exceeding two years
as may be fixed by the Arbitrator
n
• The Director of Labor may, if he deems fit in the interest of
settlement of a dispute, at any time, take over any
conciliation and proceed to conciliate in the dispute
himself or transfer such proceedings to any other
o Conciliator, and the provisions of the proceeding sub-
section shall apply to such proceedings.

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