Lectures on Labour Laws of Bangladesh 17 CHAPTER 18 Unfair Labour Practice 18.1 Introduction 18.2 Unfair labour practices of the employer 18.3 Unfair labour practices on the part of workers and employees 18.4 Standard operating procedure 18.5 Penalty for unfair labour practice 18.1 Introduction ‘An unfair labour practice means any unfair act or omission that arises between an employer and an employee, An unfair labour practice complaint is an allegation that an employer, a trade union or an individual has engaged in an activity that is prohibited by the Bangladesh Labour Act, 2006. 18.2. Unfair labour practices of the employer Section 195(1) and 196A of the Bangladesh Labour Act, 2006 lays the following acts of an employer as unfair labour practices: 1. Restraining to join Trade Union No employer shall impose any condition in a contract of employment restraining the right of the worker concerned to join a trade union or continue his membership of a trade union. 2. Refusal to employment No employer shall refuse to employ or refuse to keep in employment any worker on the ground that such worker is, or is not, a member or officer of a trade union. 3. Discrimination No employer shall discriminate against any worker in regard to any employment, promotion, conditions of employment or working conditions on the ground that such worker is, or is not, a member or officer of a trade union, Scanned with CamScanneri. | Lectures on Labour Laws of Bangladesh 4. Dismiss, discharge, removal No employer shall dismiss, discharge or remove any worker from employment or threaten to do so, or threaten to do any harm to his employment by reason that he is, or proposes to become, or Persuades any other person to become, a member or officer of a trade union, or that he Participates in the formation, activities and expansion of a trade union, 5. Inducement No employer shall induce any worker or any other person to refrain ftom becoming a member or officer of a trade union or to quit such post, by conferring or offering to confer any advantage or by procuring or offering to procure any advantage for him. 6. Compel or attempt to compel No employer shall compel or attempt to compel any officer of the collective bargaining agent to arrive at a settlement or to sign a memorandum of settlement by intimidation, coercion, pressure, threat, Confinement to a place, physical injury, disconnection of water, power and telephone facilities or by any other means, 7. Influencing election No employer shall interfere with or in any way influence the election held under section 202. 8. Recruiting new workers A. No employer shall recruit any new worker during the continuance of strike under section 211 or during the continuance of strike which is not illegal. B. However, where the Arbitrator is satisfied that the complete cessation of work is likely to cause serious damage to the machinery or any other installation, he may permit temporary employment or a limited numbet of workers, in the department or section of the establishment where the damage is likely to occur. — Scanned with CamScanner9. Deliberate failure ‘A, No employer shall deliberately fail to take measures recommended by the participation committee; B. No employer shall fail to give reply to any communications made by the collective bargaining agent in respect of any industrial dispute; 10. Transfer No employer shall transfer the Chairman, general secretary, organizing secretary or treasurer of any trade union in contravention of the provisions of section 187. 11. Illegal lock-out No employer shall commence or continue or instigate others to take part in any illegal lock-out. 12. Anti-trade union discrimination Contravention of any condition of employment or taking any retaliation activity by the employer during the continuance of trade union activities or during non-fulfilment of registration application or after registration shall be regarded as anti-trade union discrimination by the employer. (S.196A) For conducting investigation into anti-trade union discrimination, the Government shall, keeping consistence with the provisions of this section, promulgate Standard Operating Procedure. 18.3. Unfair labour practices on the part of workers and employees Section 196 of the Bangladesh Labour Act, 2006 lays the following acts of a worker, trade union or CBA as unfair labour practices: 1. Activities during office hour No worker shall engage himself in any trade union activities working hour without the permission of his employer: during his Scanned with CamScannerLectures on Labour Laws of Bangladesh However, this rule shall not apply to the a union activities of the Chairman or the General Secretary of the collective bargaining agent ofan establishment, if such activities relate to any icommalitte, Negotiation, arbitration, mediation or any other proceeding under this Act, and the employer has been duly informed thereof. 2. Intimidation : No worker or a trade union of workers shall intimidate any worker to become or not to become a member or officer of a trade union or to continue in or to refrain from such post. 3. Inducement No worker or a trade union of workers shall induce any worker or any other person to refrain from becoming a member or officer ofa trade union oF to quit such post by conferring or offering to confer any advantage or by Procuring or offering to Procure any advantage for him. 4. Compel or attempt to compel worker No worker or a trade union of workers shall compel or attempt to compel Paying any subscription to the fund of 5. Compel or attempt fo compel employer No worker or a trade union of worker the employer to signa memorandum any demand by intimidation, s shall compel or attempt to compel of settlement or to accept or agree to yd coercion, Pressure, threat, confinement to ot svietion from a place, dispossession, assault, physical injury, disconnection of water, electricity, &aS or telephone facilities or by any other means. < 6. Illegal Strike, go-slow 4 Scanned with CamScannerLectures on Labour Laws of Bangladesh 175 7. Gherao, obstruction, destruct No worker or a trade union of workers shall resort to gherao, obstruction to transport or communication system or destruction of any property in furtherance of any demand or object of a trade union. 8. Interfere in election It shall be an unfair practice for a trade union to interfere in the election held under section 202 by the exercise of undue influence, intimidation, impersonation or bribery through the officer of that trade union or any other person acting on its behalf. 18.4 Standard operating procedure 1. For conducting investigation into unfair labour practices on the part of employers, the Government shall promulgate Standard Operating Procedure. S.195(2) 2. For conducting investigation into unfair labour practices on the part of the workers, the Government shall promulgate Standard Operating Procedure. S. 196(4) 3. For conducting investigation into anti-trade union discrimination, the Government shall promulgate Standard Operating Procedure. S. 196A(2) 18.5 Penalty for unfair labour practice Section 291 provides punishment for unfair labour practice: 1. Punishment for employer If any employer contravenes any provision of section 195 or 196A, he shall be punished with imprisonment for a term which may extend to 1 year, or with fine which may extend to 10,000 Taka, or with both. 2. Punishment for worker If any worker contravenes any provision of section 196, he shall be Punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to 5,000 Taka, or with both. Scanned with CamScanner176 Lectures on Labour Laws of Bangladesh 3. Punishment for trade union or other persons If any trade union or any person, other than a worker, contravenes any provision of section 196, it or he shall be punished with imprisonment for a term which may extend to 1 year, or with fine which may extend to 10,000 Taka, or with both. Scanned with CamScanner