Application of registration.(section: 177) Requirements of application.(section: 178) Requirements of registration.(section: 179) Condition of service to remain unchanged while application for registration pending.(section:186)  President and certain officers not to be transferred.(section: 187)  Disqualification for being an officer or a member of a trade union.(section: 188)

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(section: 202)  Check-off.(section: 192)  Unfair labor practices on the part of employers.(section: 196)  Collective bargaining agent.(section: 205) 4 .(section: 190)  No trade union to function without registration.(section: 204)  Participation committee.(section: 195)  Unfair labor practices on the part of worker. Cancellation of registration.

V. Bangladesh Free Trade Union Congress (BFTUC). VI.Trade Union means a trade union of workers or employers formed and registered under Chapter XIII and includes a federation of trade unions. Bangladesh Labour Federation. Bangladesh Mukto Sramik Federation (BMSF). Bangladesh Trade Union Kendra. Some trade union currently active in BangladeshI. IV. Bangladesh Jatiyo Sramik Jote. II. Bangladesh Ganotantrik Sramik Federation. III. Bangladesh Jatio Sramik League. VII. 5 .

Bangladesh Garment & Industrial Workers Federation (BGIWF). IX. Bangladesh Independent Garment Workers Union Federation (BIGUF). XII.Jatio Sramik Federation. Bangladesh Jatyatabadi Sramik Dal. VIII. 6 . X. Samajtantrik Sramik Front. XI. XIII. Jatyo Sramik League.

Any trade union may. 7 . apply for registration of trade union under this Chapter to the Register of Trade Unions of the area concerned. under the signature of its president and the secretary.

The name of the trade union and address of its head office. 2.1. A statement showing the following Information namelyi. The application shall be accompanied by the following particulars. namelyI. 8 . Every application for registration of a trade union shall be made to the Director of Labour or to an officer authorised in this behalf. ii. Date of formation of the union.

v. The name of the establishment to which the trade union relates and the total number of workers employed or engaged therein. Three copies of the constitution of the trade union together with a copy of the resolution by the member of the trade union adopting such constitution bearing the signature of the Chairman of the meeting. in case of a federation of trade unions. the names. names. Statement of total paid membership. iii. age. addresses and occupations of the officers of the trade union. iv.II. vi. The titles. addresses and registration numbers of member unions. 9 .

In case of a federation of trade unions.III. a copy of the resolution from each of the constituent unions agreeing to become a member of the federation. and IV. A copy of the resolution by the members of the trade union authorising its President and the Secretary to apply for its registration. 10 .

3. 11 . On receipt of an application under sub-section (1). the Registrar of Trade Unions shall cause public advertisement together with a list of the officers of the union at the cost of the applicant. Provided that in case of group of establishments. the Director of Labour or the officer authorised in this respect shall forthwith send a copy thereof (together with a list of the officers of the union) to the employer concerned for his information.

The objects for which the trade union has been formed. b. 12 . The name and address of the trade union. c. The manner in which a worker may become a member of the trade union specifying therein that no worker shall be enrolled as its member unless he applies in the form set out in the constitution declaring that he is not a member of any other trade union. A trade union shall not be entitled to registration under this Chapter unless the constitution thereof provides for the following matters. namely:a.1.

d. The sources of the fund of the trade union and the purposes for which such fund shall be applicable. The conditions under which a member shall be entitled to any benefit assured by the constitution of the trade union and under which any fine or forfeiture may be imposed on him. e. f. The maintenance of a list of the members of the trade union and of a adequate facilities for the inspection thereof by the officers and members of the trade union. 13 .Explanation-to become a member of a trade union a worker have to declare that he is not attached with any other trade union.

varied or rescinded. h. i.has to maintain a certain list of the members. the manner of audit and adequate facilities for inspection of the account books by the officers and members of trade union. its annual audit. the manner in which the trade union may be dissolved. g. 14 . The manner in which the constitution shall be amended.Explanation. The safe custody of the funds of the trade unions.

the manner of election of officers by the general body of the trade union and the term. for which an officer may hold office upon his election or re-election. 15 . the number of members of the executive which shall not be less than five and more than thirty five as may be prescribed by rules. k.j. Explanation-should have a certain process by which the general body will be elected for not more than two years. not exceeding two years.

and m. so that the executive shall meet at least once in every three months and the general body at least once every year. the procedure for expressing want of confidence in any officer of the trade union. A trade union of workers shall not be entitled to registration under this Chapter unless it has a minimum membership of thirty percent of the total number of workers employed in the establishment in which it is formed: 16 .l. 2. the meetings of the executive and of the general body of the trade union.

it must enrol thirty percent of the total number of workers in the establishment. shall be deemed to be one establishment for the purpose of this sub-section. if there is more than one establishment under the same employer for the purpose of carrying out the same industry than those will be considered as a one establishment. Explanation-to become a registered trade union. which are allied to and connected with one another for the purpose of carrying out the same industry irrespective of their place of situation. 17 .Provided that more than one establishment under the same employer.

the matters may be referred to the Director of Labour for disposal. 18 . Where any doubt or dispute arises as to whether any two or more establishment are under the same employer or whether they are allied to or connected with one another for the purpose of carrying on the same industry.3. Explanation-if any dispute arises about whether the establishment should be considered as a one establishment. then one can go to the Director of Labour for solution.

19 . Explanation-even after the solution given by the Director of Labour is not sufficient enough. then one can go to the Labour Court and its decision shall be final. Any person aggrieved by the decision of the Director of Labour given under sub-section (3) may. within thirty days of the decision. prefer an appeal to the Labour Court and the decision of the Labour Court shall be final.4.

There shall not be more than three registered trade unions in an establishment or group of establishments at a time.5. 20 .

if. He is not employed or engaged in the establishment in which the trade union is formed Nothing in clause (b) of sub-section (1) shall apply to any federation of trade unions.a. or to be elected as._ b. a person shall not be entitled to be. he has been convicted of an offence involving moral turpitude or an offence under Section 196(2)(d) or Section 298 and a period of two years has not elapsed since his release. 21 . c. Notwithstanding anything contained in the constitution of a trades union . an officer or member of it .1.

Explanation-if any worker try to compel or attempt to compel any worker to pay or refrain from paying . not involve in any form of trade union activities before and federations of trade union are exempted from clause (b) of sub section (1).water and power facilities and such other methods and penalty for misappropriation of provident funds or trade union funds.pressure mental or financial . disconnection of telephone .any subscription towards the fund of any trade union by using like intimidation . and two years after discharge from jail.confinement to a place .threat of property or life . 22 .coercion force to do something .physical injury.

shall not .during pendency of such application .who is a member of such trade union . the employment of a worker .1.be terminated by the employer under that section. 23 . No employer shall. Notwithstanding anything contained in section 26. the condition of service applicable to him before the application.alter without prior permission of the Director of Labour .to the disadvantage of any officer of such trade union. 2. while an application for registration of a trade union formed in his establishment is pending .

24 . etc.Explanation-an employer is unable to change the T&C of the service of any employee before the completion registration of trade union without the legal permission Director of Labour that cause any inconvenience to the employee. Four reasons of termination of employment by employers otherwise than by dismissal.can not be done by the employer before the completion of registration.

25 . general secretary.the Organization Secretary. OR Treasurer of any trade union shall be transferred from one district to another without his consent. treasurer one can not transfer them to another district. Neither the President nor the General Secretary . Explanation: without the permission of president.1.

1. Subject to the other provisions of this section. Committed any unfair labour practice. or Contravened any of the provisions of this Chapter or the rules. e. A membership which has fallen below the number required under this Chapter. g. d. the registration of a trade union may be cancelled by the Director of labour if the trade union hasa. Applied for such cancellation. b. 26 . c. Ceased to exist. Contravened any of the fundamental provisions of its constitution. f. Obtained registration by fraud or by misrepresentation of facts.

27 .2. The director of labour shall cancel the registration of a trade union within thirty days from the date of receipt of permission from the labour court. 3. Where the director of labour is satisfied after investigation that the registration of a trade union should be cancelled. he shall submit an application to the labour court praying for permission to cancel such registration. The registration of a trade union shall not be cancelled on the ground mentioned in clause (e) of sub-section (1) if the application to the labour court is not submitted within three months from the date of commission of the alleged unfair labour practice. 4.

No trade union to function without registration1. Subject to the provisions of section 191(2). No person shall collect any subscription other than enrolment fee. 28 . for any fund of a trade union mentioned in sub-section (1). 2. no trade union which is unregistered or whose registration has been cancelled shall function as a trade union.

Two acts have been included under this topic. Section 196: Unfair labor practices on the part of workers. Under the second clause there are 6 sub-clause.  Under this section there are 12 clause. They areSection 195: Unfair labor practices on the part of employer.   Under this section there are 3 clause . 29 .

or is not. Impose any condition in a contract of employment seeking to restrain the right of a person who is a party to such contract to join a trade union or continue his membership of a trade union. Explanation: A worker can not be discharged just because he/she is or isn t a member of a trade union.No employer or trade union of employers or no person acting on behalf of either shalla. member or officer of a trade union. Refuse to employ or refuse to continue to employ any person on the ground that such person is. Explanation: There will not be such a condition in contract that will not allow a worker to join a trade union. b. 30 .

31 . remove from employment or threaten to dismiss. formation or activities of a trade union. discharge. d. there should not be any discrimination in this case. condition of employment or working condition on the ground that such person is. promotion. discharge or remove from employment a worker or injure threaten to injure him in respect of his employment by reason that the worker is or proposes to become . Discriminate against any person in regard to any employment. or seeks to persuade any other person to become.c. Dismiss. or is not a member or officer of a trade union. a member or officer of a trade union or participates in the promotion. Also. Explanation: A worker can not be promoted just because he/she is a member of a certain trade union.

or to cease to be a member or officer of a trade union. he should not be threatened of dismissal and physical injury. by conferring or offering to confer any advantage on. 32 . or by procuring or offering to procure any advantage for such person or any other person. e.Explanation: an employer can not discharge a worker just because he/she wants to participate in a trade union. Explanation: a worker should not be bribed to leave any trade union. Include any person too refrain from becoming.

physical injury. Interfere with. Explanation: employer can not force a collective bargaining agent to sign any memorandum by force or torturing both physically and mentally way. confinement to a place. disconnection of water. coercion. pressure. threat. g. power and telephone facilities and such other methods. or in any way influence the balloting provided for in the section 202. 33 .f. Compel or attempt to compel any officer of the collective bargaining agent to sign a memorandum of settlement by using intimidation.

h. Recruit any new worker during the period of strike under section 211 or during the currency of a strike which is not illegal except where the conciliator has, being satisfied that complete cessation of work is likely to cause serious damage to the machinery or installation, permitted temporary employment of a limited number of workers in the section the damage is likely to occur; Explanation: according to section 211 during strike employer can not recruit any new worker but if the conciliator thinks that because of this strike damage in machinery and installation may occur then the employer can recruit a few workers.

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i.

Deliberately fail to take measure as per the recommendation of the participating committee; Explanation: an employer will not fail to take measure according to the recommendation of participating committee on purpose. Failed to give reply to any communication made by the collective bargaining agent regarding any industrial dispute; Explanation: an employer will not fail to reply any letter sent by collective bargaining agent.

j.

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k. Transfer the president, the general secretary, the organizing secretary, or the treasurer of any trade union in contravention of the provision of section 187; Explanation: an employer will not transfer the president, the general secretary, the organizing secretary, or the treasurer of any trade union by breaking law section no 187 l. Commence or continue an illegal lock-out or incite others to take part in that. Explanation: an employer will not start/run an illegal lock-out(stopping somebody from getting in) or he/she will not provoke anyone to participate this lock-out

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arbitration or proceeding under this code. conciliation. negotiation. Explanation: without the permission of employer no worker can attend trade union with in working hour. but. and the employer has been duly informed of such activities. No worker shall join in any trade union activities during his working hour without the permission of the employer: provided that nothing contained in this sub-section shall apply to the president or the general secretary of the trade union which is the collective bargaining agent for the establishment.I. general secretary this law will not be applicable. president. if such activities relate to the participation in any committee. 37 . for collective bargaining agents.

Explanation: a worker will not provoke or threaten any other worker to join or leave any trade union. or to continue to be. 38 . b.II. or to cease to be a member or officer of a trade union. or by procuring or offering to procure any advantage for. such person or any other person. Intimidate any worker to become. by conferring or offering to confer any advantage on. Induce any person to refrain from becoming. No worker or trade union of workers or no person acting on behalf of such union shalla. or cease to be a member or officer of a trade union. or refrain from becoming.

39 . or refrain from paying. disconnection of telephone. water and power facilities and such other methods. pressure or disconnecting telephone. Compel or attempt to compel any worker to pay. water or power no worker will take money from other workers for the sake of any trade union. pressure. threat.c. Explanation: by forcing. physical injury. threat. coercion. any subscription towards the fund of any trade union by using intimidation. confinement to a place. Explanation: a worker will not promise to provide any opportunity and thus request him/her to leave any trade union.

confinement to a place. threat. physical injury. or incite others to take part in that. water or power no worker will make employer sign any memorandum. threat. Commence or continue any illegal strike or go slow. e. Explanation: a worker will not do or continue any illegal strike and he will not work slowly intentionally. Compel or attempt to compel the employer to sign a memorandum of settlement by using intimidation. water or power facilities or such other methods . pressure or disconnecting telephone. disconnection of telephone. pressure. coercion.d. 40 . Explanation: By forcing.

41 . Resort to gherao.f. stopping vehicles or destroying any property. Explanation: To fulfill any demand of trade union workers are not allowed to do gherao. obstruction to transport or communication system or destruction of any property in furtherance of any demand or object of a trade union.

Explanation: a trade union can not interfere in election process according to section 202 by manipulating. It will be considered as unfair practice on the part of workers. intimidation. showing fear or bribing. It shall be unfair practice for a trade union to interfere with a ballot held under section 202 by the exercise of undue influence. impersonation or bribery through its executive or though any person acting on its behalf.III. 42 .

upon an application made on behalf by any such trade union or by the employer. Where there is only one registered trade union in an established that trade union shall be deemed to be the collective bargaining agents for such established. the director of labor shall. 43 . hold a secret ballot within one hundred twenty days determine as to which one of such trade unions shall be the collective bargaining agents for the establishment. II.I. Where there are more registered trade unions than one in an establishment.

which shall not be more then fifteen days. Upon receipt of an application under sub-section(2). whether it desires to be a constant in the secret ballot to be held. within the time specified in the notice. the director of labor shall. the director of Labor will call upon every registered trade union to know that either they will participate in the election or not within 15 days. Explanation: Under sub-section (2) after receiving the applications from the trade unions.III. 44 . call upon every registered trade union in the establishment to which the application relates to indicate. by the notice in writing.

If a trade union fails to indicate the direction of labor. its desire to be a constant in the secret ballot. 45 . Explanation: Under sub-section (3) if a trade union fails to inform the director of Labor within the specified time that they will participate in the election or not then it will be take for granted that they will not compete in the election.IV. it shall be presumed that it shall not be a contestant In such ballot. within the time specified in the notice under subsection(3). it shall not be a contestant in the secret ballot.

within the time specified in the notice. Explanation: If no trade union informs the director of Labor anything. provided it has as its members not less than one-third of the total number of workers employed in the establishment. 46 . If no trade union informs the director of labor anything. Then the trade union applying under sub-section (2) will be declared to be the collective bargaining agent for the establishment.V. as to its desire to be a contestant in the secret ballot. within the specified time. the trade union applying under sub-section (2)shall be declared to be the collective bargaining agent for the establishment.

VI. Name of the place in which he is employed. excluding those whose period of employment in the establishment is less than three months or who are casual or badli workers. (where applicable the name of husband/wife shall also be given). on being so required by the director of labor send to the director of labor a list of all worker employed in the establishment. His ticket number and the date of his employment. iii. Every employer shall. v. ii. The name of every worker. namely:i. 47 . iv. and the list shall contain the following particulars. The name of the place in which he is employed. The name and age of his partners.

Every employer shall. on being so required by the director of labor. Explanation: After informed by the director of Labour each employer shall submit required number of additional copies of the list referred to in sub-section (6).Explanation: After informed by the director of Labour every trade union will send a list of workers employed in the establishment to the director of Labour. VII. 48 . submit required number of additional copies of the list referred to in sub-section(6) and shall provide necessary facilities for verification of the list submitted.

the director of Labour shall send a copy of the list to each of the contesting trade unions and shall also affix a copy the of in a conspicuous Part of his office and another copy of the list in a conspicuous part of the establishment concerned. together with a notice inviting objections. On receipt of the list of workers from the employer. if any. to be submitted to him within such time as may be specified in it. 49 .VIII. Explanation: After receiving the list of the workers from the employers the director of Labour will send a copy of the workers to each contesting trade union so that if any trade union has any objections .They will inform the director of Labour within specified time.

IX. The objections if any. X. received by the director of labor within the specified time shall be disposed of by him after such enquiry ass he deems necessary. he will complete the enquiry and solve the problem. Explanation: If the director of Labour receive any objection within the specified time. The director of labor shall make such amendment or alternations in the list of workers submitted by the employer as may be required by any decision given by him under sub-section(9). 50 . Explanation: Under sub-section (9) the director of Labour can make any amendments or alteration in the list of workers submitted by the employers.

he shall prepare a list of workers employed in the establishment concerned and send copies thereof. or where no objections are received by the director of Labour within the specified time. and every workers whose name appears in that list shall be entitled to vote in the poll to determine to collective bargaining agent. After amendments or alterations. Explanation: The list of workers prepared and certified under sub-section (11) shall be deemed to be the list of voters. if any. 51 . after certifying properly to the employer and each of the contesting trade unions at least seven days prior to the date fixed for the poll.XI. made under subsection (10).

and every workers whose name appears in that list shall be entitled to vote in the poll to determine to collective bargaining agent. The list of workers prepared and certified under subsection (11) shall be deemed to be the list of voters.XII. Only those people will be able to vote in the poll. Explanation: Workers list under sub-section (11) will be known as the list of voters. 52 .

Explanation: After informed by the director of Labour each employer will provide necessary facilities for conducting the poll. influence the voting. XIV. but shall not interfere or influence the voting.XIII.No person shall canvas for vote within a radius of forty five yards of the polling stations. on being so required by the director of labor. provide all necessary facilities for the conduct of the poll but shall not interfere with or in any way. Every employer shall. 53 .

if any. declare the trade union which has received the highest number of votes to be the collective agent: 54 c. and After the conclusion of the count.XV. e. open the ballot boxes and count the votes. Conduct the poll at the polling stations at which the representatives of the contesting trade unions shall be allowed to be present. d. . After the conclusion of the poll and in the presence of such of the representatives of the contesting trade unions as may be present. For the purpose of holding secret ballot to determine the collective bargaining agent. On the date fixed for the poll place in the polling station ballot boxes which shall be sealed in the presence of the representatives of the contesting trade unions. Fix the date for the poll and intimate the same to each to the contesting trade unions and also to every employer. b. the director of labor shalla.

and no application for the determination of the collective bargaining agent for such establishment shall be entertained within that period: 55 . XVI.Provided that no trade union shall be declared to be the collective bargaining agent for an establishment unless the number of votes received by it is not less than one-third of the total number of workers in such establishment. it shall be the collective bargaining agent for the establishment for two years from the date of such declaration.Where a registered trade union shall be declared under clause (e) of sub-section (15) to be the collective bargaining agent for an establishment.

56 .Provided that in case of group of establishments the period of a collective bargaining agent shall be three years. Explanation: When a trade union will be declared as the collective bargaining agent under Clause (e) of sub-section (15) then that will hold the post for two years and then no application will be received for any new collective bargaining agent in that period.

it may make an application to the director of labor.XVII. where a registered trade union desires to be the collective bargaining agent for an establishment after the expiry of the term of an existing collective bargaining agent or where an existing collective bargaining agent or where an existing collective bargaining agent desires to continue as such for the next term. to hold a secret ballot to determine the next collective bargaining agent for the establishment.Notwithstanding anything contained in sub-section (16). not earlier than 150 days and not later than 120 days immediately before the expiry of the term of existing collective bargaining agent. 57 .

58 .Explanation: If any trade union desires to be the next collective bargaining agent for the next term. then that trade union will be able to apply to the director of Labour for the next term within 120-150 days before the expiration of the previous collective bargaining agent. but trade union declared to be the next collective bargaining agent shall be the collective bargaining agent from the date of the expiry of the term of the existing collective bargaining agent. XVIII. a secret ballot to determine the next collective bargaining agent shall be held within one hundred and twenty days from the receipt of such application.Where an application under sun-section (17) is made.

59 .XIX. the existing collective bargaining agent shall continue to function as such till a new collective bargaining agent is determined. Where after an application made under sub-section (17) a collective bargaining agent has not been determined for reasons beyond the control of the director of Labour before the expiry of the term of the existing collective bargaining agent. Explanation: After the expiration of a collective bargaining agent. if no new collective bargaining agent is elected then the previous collective bargaining agent will hold the position until new agent is elected.

XX. recognize such collective bargaining agent or any registered trade union to act as collective bargaining agent for the establishment unless a registered trade union is deemed to be a CBA the establishment under sub-section (1) or until a collective bargaining agent is determined by secret ballot under the foregoing provisions of this section. 60 . as the case may be. Where no application is made under sub-section (17) the director of Labour may after the expiry of existing collective bargaining agent.

61 . Then the director of Labour may select any registered trade union for 120 days as the collective bargaining agent or the previous agent will hold the post until new agent is elected.Explanation: If no trade union is elected as the collective bargaining agent after the expiry of previous.

Any dispute arising out of any matter in relation to an election for determination of collective bargaining agent shall be referred to the labor court and the decision of the labor court thereon shall be final. the registration of that trade union shall stand cancelled. XXII.If in any election for determination of collective bargaining agent any contesting trade union receives less than fifteen per cent of the total votes castes.XXI. 62 . Explanation: For any problems regarding the election of bargaining agent both party can go to the labor court and the decision made by the court will be final.

Explanation: A collective bargaining agent can support any of the parties without harming its position. implead as a party to any proceedings under this chapter to which it is itself a party to any federation of trade unions of which it is a member.XXIII. 63 . without prejudice to its own position.A collective bargaining agent may.

The collective bargaining agent in relation to an establishment shall be entitled toa. 64 . the terms of employment or the conditions of work. Represent all or an of the workers in any proceedings.XXIV. b. Undertake collective bargaining with the employer on matters connected with non employment.

c. Nominate representatives of workers on any welfare establishment or provident fund and on the board of trustees of participation fund established under chapter fifteen (workers participation in company s profit). d. e. Conduct cases on behalf of any individual or group of workers. 65 .Give notice of. a strike in accordance with the provisions of this chapter. and declare.

XXV. 66 .The provisions of this section shall also apply in determining or electing the collective bargaining agent for a group of establishments declared under this code.

But for the deduction the employer must take the approval of each worker. If a collective bargaining agent so requests. the employer of an establishment shall deduct from the wages of those workers working is his establishment. with the approval of each individual worker named in the demand statement furnished by CBA union. Explanation: If a collective agent request the employer should deduct the subscription fee from his workers wages who are members of the specified CBA union.I. such amounts towards their subscription to the funds of the CBA union as may be specified. who are members of such CBA union. 67 .

An employer making any deduction from the wages under sub-section (I) shall. 68 . deposit the entire amount so deducted by him in the account of the concerned CBA union. within 15 days. III.II. Explanation: deducted subscription fees should be transferred to the account of that CBA union. The employer shall provide facilities to the CBA for ascertaining whether deductions from the wages of its members are being made under sub-section (I).

constitute a participation committee in his establishment. Such committee shall consist of representatives of the employer and the workers. II. The number of representatives of the workers in such committee shall not be less than the number of representatives of the employer. 69 . III.I. The employer of every establishment in which not less than fifty workers are normally employed shall. in the manner prescribed.

other than the collective bargaining agent.IV. shall nominate equal number of representatives and collective bargaining agent shall nominate such number of representative which shall be one more than the total number of representative nominated by the other trade unions. 70 . The representative of the workers shall be appointed on the basis of the nomination made by the trade unions of the establishment. Each of the trade unions. V.

than representative for that participation committee will be elected among the workers working in that establishment. 71 . representatives of the workers in the participation committee of such establishment shall be chosen in the manner prescribed by rules from amongst the workers engaged in the establishment.VI. Explanation: if there is no trade union in an establishment. In an establishment where there is no union.

be constituted in the manner prescribed by rules for such unit. Explanation: If there are more than fifty workers in a unit than with the recommendation of the main participation committee a participation committee for that unit can be formed. In the establishment where there is a unit employing at least fifty workers. on the recommendation of the participation committee . 72 . a unit participation committee may.VII.

73 . to the unit participation committee. IX. Such unit participation committee shall consist of the representatives of employer and workers employed in or under that unit.VIII. The provisions of this section applicable to participation committee shall also apply. as per as practicable.

74 .

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