LAW RELATING TO

TRADE UNIONS &

SETTLEMENT OF
INDUSTRIAL DISPUTES

Md. Adib Rahman

Lecturer, Dept. of MPE, AUST
 INDUSTRIAL DISPUTE
 Definition:
An industrial dispute as has been defined in
clause (LXll) of section 2 of the Bangladesh
Labour Act, 2006 is as follows “industrial
dispute means any dispute or difference
between employers and employers or between
employers and workmen or between workmen
and workmen which is connected with the
employment or non-employment or the terms of
employment or the conditions of work of any
person”.
 NATURE OF DISPUTE
 Although the definition of industrial dispute
is wide enough to cover all disputes between
employers and employers or between
employers and workmen or between
workmen and workmen the mode of raising
of dispute as envisaged in section 209 of the
Bangladesh Labor Act, 2006 suggests that no
dispute except the dispute between the
employer and workmen can be treated as
industrial dispute.
 DISPUTE- HOW RAISED

 Bangladesh Labor Act, 2006 provides

complete procedure for settlement of
industrial disputes. It lays down that
any strike or lock out, in order to be
valid and lawful, must be in accordance
with its provisions. The parties cannot
resort to any action without seeking
recourse to this law.
MODE OF SETTLEMENT OF
INDUSTRIAL DISPUTE
 The mode of settlement of Industrial dispute has been
described in sections 210-213 of the Bangladesh Labor Act,
2006. Section 210 provides that
1. An industrial dispute is likely to arise between the
employer and the workers or any of the workers, the
employer or the collective bargaining agent shall
communicate his or its views in writing to the other party.

2. Within fifteen days of the receipt of a communication

under sub-section (1), arrange a meeting for collective
bargaining on the issue raised with a view to reaching an
agreement.
MODE OF SETTLEMENT OF
INDUSTRIAL DISPUTE
3. If the parties reach a settlement on the issues discussed, a
memorandum of settlement shall be recorded in writing and
signed by both the parties and a copy thereof shall be
forwarded by the employer to the Government, the Director of
Labor and the Conciliator.

4. If the party fails to arrange a meeting with the

representatives of the other party for collective bargaining
within the time specified in sub-section (2), report the matter to
the Conciliator and request him in writing to conciliate in the
dispute and the Conciliator shall, within ten days of receipt of
such request, proceed to conciliate in the dispute.
 STRIKE AND LOCK-OUT

 Section 211 of the Bangladesh Labor Act,

2006 provides that, If no settlement is arrived
at during the course of conciliation
proceedings and the parties to the dispute do
not agree to refer it to an Arbitrator, the
workmen may go on strike or, as the case may
be, the employer may declare a lock-out, on
the expiry of the period of the notice
prescribed by sub-section (1) of section 211.
 CONCILIATOR
 The word Conciliator has not been defined elaborately in
the Bangladesh Labor Act, 2006. According to the
definition in clause (Lxiii) of section 2 'conciliator' means
a person appointed as such under Chapter XIV;
 A conciliator is appointed under sub-section (5) of section
210 of the Bangladesh Labor Act, 2006. It reads as under
(5) The Government shall, for the purposes of this
Chapter, by notification in the Official Gazette, appoint
such number of persons as it considers necessary, as
Conciliator for such specific area or any industrial
establishment or industry, and the Conciliator shall take
up the conciliation to whom the request shall be made for
conciliation under sub-section (4).
 DUTIES AND FUNCTIONS OF
THE CONCILIATOR
 The duties and functions of the Conciliator is defined in sub-
sections (6) to (11). These are as follows :
(1) The Conciliator, upon receipt of the request as aforesaid,
shall start conciliation and shall call a meeting of the parties to
the dispute for the purpose of bringing about a settlement.
(Sub-Sec: 6)
(2) The parties to the dispute shall appear before the
Conciliator in person or shall be represented before him by
person nominated by them and authorized to negotiate and
enter into an agreement binding on the parties. (Sub-Sec: 7)
(3) If any settlement of the dispute is arrived at in the course of
the proceedings before him, the Conciliator shall send a report
thereof to the Government together with a memorandum of
settlement signed by the parties to the dispute. (Sub-Sec: 8)
 DUTIES AND FUNCTIONS OF
THE CONCILIATOR
(4) If no settlement is arrived at within the period of thirty days
of receipt of request under sub-section (4) by the Conciliator,
the Conciliation proceedings shall fail or the conciliation may
be continued for such further period as may be agreed upon in
writing by the parties. (Sub-Sec: 9)
(5) If the conciliation proceeding fails, the Conciliator shall try
to persuade the parties to agree to refer the dispute to an
Arbitrator. (Sub-Sec: 10)
(6) If the parties do not agree to refer the dispute to an
Arbitrator, the Conciliator shall, within three days of failure of
the conciliation proceedings, issue a certificate to the parties to
the dispute to the effect that such proceedings have failed. (Sub-
Sec: 11)
 REGISTRATION OF
TRADE UNION
✓ According to section 2 (xv) of the Bangladesh Labor Act,
2006 'trade union' means trade union of workers or employers
formed and registered under Chapter XII of this act and
include a federation of trade unions.
✓ The mode of formation and registration of trade unions is
defined in sections 177-179 of the Act. According to section
182, The Director of Labor, on being satisfied that the trade
union has complied with all the requirements of this Act shall
register the trade union in a prescribed register and issue a
registration certificate in the prescribed form within a period
of sixty days from the date of receipt of the application.
✓ A trade union shall apply for registration under section 177.
The requirements for application is provided in section 178
and requirement for registration is provided in section 179.
 REGISTRATION OF
TRADE UNION
✓ Application for registration
Any trade union may, under the signature of its
president and secretary, apply for registration of the trade
union to the Trade Unions of the concerned area under
this Chapter (Section 177).

✓ Requirements for application

It is provided in section 178. It is as follows:
1. Made to Director of Labor
2. Detailed Application
3. Authorization
 REGISTRATION OF
TRADE UNION
✓ Requirements for registration
In order to get registered, a trade union needs to provide the
information as required in this section, such as
1. The name and address of the trade union
2. The objective for formation of trade union
3. Procedure regarding how to become a member of the
union
4. The source of funds of the trade union
5. The manner in which the constitution shall be amended
6. The manner in which the trade union may be dissolved
7. The number of executive members (which shall be
minimum 5 and maximum 35 as may be prescribed by the
rules)
 CANCELLATION OF
REGISTRATION
 An unregistered trade union is not entitled to
function according to law. i.e. if a trade union is
not registered with the Registrar of Trade Unions it
cannot conduct any trade union activities. In case
the registration of a trade union is cancelled it
attains the status of an unregistered trade union
and it cannot continue as a trade union.
 The registration of a trade union may be cancelled
on any of the following grounds as enumerated in
section 190 of the Bangladesh Labor Act, 2008
after obtaining permission from the Labor Court.
 CANCELLATION OF
REGISTRATION
 The ground on which registration of a trade union may be
cancelled is enumerated in section 190 of the Bangladesh
Labor Act, 2006 as follows:
1. Subject to the other provisions of this section, the
registration of a trade union may be cancelled by the
Director of Labor if the trade union has-
(a) applied for cancellation of registration; (b) ceased to exist;
(c) obtained registration by fraud or by misrepresentation of
facts; (d) contravened any of the basic provisions of its
constitution; (e) committed any unfair labor practice; (f) a
membership which has fallen short of the number of
membership required under this Chapter; and (g) contravened
any of the provisions of the Rules.
 CANCELLATION OF
REGISTRATION
2. Where the Director of Labor is satisfied on enquiry that
the registration of a trade union should be cancelled, he
shall submit an application to the Labor Court praying for
permission to cancel such registration.
3. The Director of Labor shall cancel the registration of a
trade union within thirty days from the date of receipt
from the Labor Court.
4. The registration of a trade union shall not be cancelled on
the ground mentioned in sub-section (1) (e) if the unfair
labor practice is not committed within three months prior
to the date of submission of the application to the Labor
Court.
Thank you