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Industrial Relations by Dr Nazrul Isla m

Lecture 5 The Industrial Relations Ordinance 1969.ppt

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Page 1: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Industrial Relations

by

Dr Nazrul Islam

Page 2: Lecture 5 The Industrial Relations Ordinance 1969.ppt

AFTER STUDYING THIS CHAPTER,YOU SHOULD BE ABLE TO:

1. Definitions

2. Registration of trade union

3. Requirements for registration

4. Unfair labor practices

5. Collective Bargaining Agent (CBA)

6. Election of CBA

7. Industrial disputes

8. Strikes and lockout

9. Steps followed in solving industrial disputesL E

A R

N I

N G

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B J

E C

T I

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Page 3: Lecture 5 The Industrial Relations Ordinance 1969.ppt

The Industrial Relations Ordinance, 1969

1. This Ordinance extends to the whole Bangladesh.

2. It shall come into force at once.3. It shall not apply to any person employed

in the police, Defence services, armed forces, or employed as workmen by the Railways, Posts, Telegraph and Telephone Departments or employed in the security printing corporation Ltd.

Page 4: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Definitions

1. “Arbitrator” means a person appointed as such under this Ordinance;

2. “Award” means the determination by a Labor Court.

3. “Collective bargaining agent” in relation to an establishment or industry, means the trade union of workmen which is the agent of the workmen in the establishment or industry in the matter of collective bargaining.

4. “Conciliation proceedings” means any proceedings before a Conciliator;

5. “Conciliator” means a person appointed as such.

Page 5: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Definitions, Contd.,

6. “Director of Labor” means a person appointed as such by the Government;

7. “Employer” in relation to an establishment, means any person or body of persons, whether incorporated or not, who or which employees workmen in the establishment under a contract of employment.

8. “Establishment” means any office, firm, industrial unit, transport vehicle, undertaking, shop or premises in which workmen are employed for the purpose of carrying on any industry.

Page 6: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Definitions, Contd.,

9. “Executive” means the body to which the management of the affairs of a trade union is entrusted by its constitution;

10. “Illegal Lock-out” means a lock-out declared, commenced or continued otherwise than in accordance with the provisions of this Ordinance;

11. “Illegal Strike” means a strike declared, commenced or continued otherwise than in accordance with the provisions of this Ordinance;

12. “Industry” means any business, trade, manufacturing, calling, service, employment or occupation.

Page 7: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Definitions, Contd.,

13. “Industrial Dispute” means any dispute or difference between employers and employees 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.

14. “Officer” in relation to a trade union means any member of the executive thereof but does not include an auditor or legal adviser;

15. “Prescribed” means prescribed by rules;

Page 8: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Definitions,Contd.,

16. “Settlement” means a settlement arrived at in the course of conciliation proceeding, and includes an agreement between an employer and his workmen arrived at otherwise than in the course of any conciliation proceeding, where such agreement is in writing, has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to the Government, the Conciliator and such other person as may be prescribed.

Page 9: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Definitions, Contd.,

17. “Strike” means cessation of work by a body of persons employed in any establishment acting in combination or a concerted refusal, or refusal under a common understanding or any number of persons who are or have been so employed to continue to work or to accept employment;

18. “Trade Union” means any combination of workmen or employers formed primarily for the purpose of regulating the relations between workmen and employers, or for imposing restrictive conditions on the conduct or any trade or business and includes a federation of two or more trade unions;

Page 10: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Definitions, contd.,

19. “Workmen” and “Worker” means any person including an apprentice not falling within the definition of employer who is employed in an industry or establishment for hire or reward either directly or through a contractor to do any skilled, unskilled, manual, technical or clerical work whether the terms of employment be expressed or implied and for the purpose of any proceeding under this Ordinance in relation to an industrial dispute.

Page 11: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Registration of Trade Union

Any trade union may, under the signature of its chairman and the secretary, apply for registration of the trade union under this Ordinance.

Page 12: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Requirements of Registration

1. The name and address of the trade union;2. The object for which the trade union has been

formed;3. The manner in which a worker may become a

member of the trade union;4. The sources of fund of the trade union and the

purposes for which such fund shall be applicable;

5. The conditions under which a member shall be entitled to any benefit assured by the trade union constitution and under which any fine or forfeiture may be imposed on him;

Page 13: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Requirements of Registration, Contd.,

6. The maintenance of the trade union member list;

7. The manner of which the constitution shall be amended, varied or rescinded;

8. The safe custody of the trade union fund, its annual audit, the manner of audit;

9. The manner in which the trade union may be dissolved;

10. The manner of election of officers by the general body of the trade union and the term, not exceeding two years, for which an officer may hold office upon his election/re-election;

11. The procedure for expressing want and the meetings of the executive and of the general body of the trade union.

Page 14: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Registered trade union to maintain register

Every registered trade union shall maintain in such form as may be prescribed –

(a)A register of members showing particulars of subscriptions paid by each member;

(b)An accounts book showing receipts and expenditure; and

(c) A minute book for recording the proceedings of meetings.

Page 15: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Registration

The registrar, on being satisfied that the trade union has complied with all the requirements of this ordinance, 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.

Page 16: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Cancellation of RegistrationThe Registrar may cancel the registration of a trade union if it has – 1. applied for such cancellation or ceased to exist;2. obtained registration by fraud;3. contravened any of the constitution provisions;4. made any provision inconsistent with Ordinance; 5. a membership which has fallen short of 30% of the workers of the establishment;6. failed to submit its annual report;7. elected a disqualified person as its officer;8. contravened any of the provisions of this Ordinance or the rules.

Page 17: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Cancellation of Registration, Contd.,

Where the Registrar is of opinion 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.

The Registrar shall cancel the registration of a trade union within seven days from the date of receipt of a permission from the Labor Court.

Page 18: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Unfair labor practices on the part of employers

No employer or trade union of employers and no person on behalf of either shall –

1. 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;

2. Refuse to employ or refuse to continue to employ any person on the ground that such person is or is not, a member or officer of a trade union;

3. Discriminate against any person in regard to any employment, promotion, condition of employment or working condition on the ground that such person is or is not, a member or officer of a trade union;

Page 19: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Unfair labor practices on the part of employers, Contd.,

No employer or trade union of employers shall –

4. Dismiss, discharge, remove from employment or threaten to dismiss, discharge or remove from employment a workman or injure or threaten to injure him in respect of his employment by reason that the workman-(a) is or proposes to become, or seeks to persuade any other person to become, a member or officer of a trade union, or(b) participates in the promotion, formation or activities of a trade union;

5. Induce any person to refrain from becoming or to cease to be a member or officer of a trade union;

Page 20: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Unfair labor practices on the part of employers, Contd.,

No employer or trade union of employers shall –

6. Compel any officer of the collective bargaining agent to sign a memorandum by using intimidation, coercion, pressure, threat, confinement to a place, physical injury, disconnection of water, power and telephone facilities and such other methods;

7. Interfere with or in any way influence the balloting provided for electing CBA;

8. Recruit any new workman during the period of strike or during the currency of a strike which is not illegal.

Page 21: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Unfair labor practices on the part of workmen

No workman or trade union of workmen and no person acting on behalf of such trade union shall –

1. Persuade a workman to join or refrain from joining a trade union during working hours;

2. Intimidate any person to become, or refrain from becoming, or to continue to be or to cease to be a member or officer of a trade union;

3. Induce any person to refrain from becoming, or to cease be a member or officer of a trade union;

4. Compel the employer to sign a memorandum of settlement by using intimidation, coercion, pressure, threat, confinement to a place, physical injury, disconnection to telephone, water, power, etc.

Page 22: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Unfair labor practices on the part of workmen, Contd.,

No workman or trade union of workmen and no person acting on behalf of such trade union shall –

5. Compel or attempt to compel any workmen to pay, or refrain from paying, any subscription towards the fund of any trade union by using intimidation, coercion, pressure, threat, confinement to a place, physical injury, disconnection to telephone, water, power facilities and such other methods.

It shall be unfair practice for a trade union to interfere with a ballot by the exercise of undue influence, intimidation, bribery through its executive or through any person acting on its behalf.

Page 23: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Collective Bargaining Agent (CBA)

Where there is only one registered trade union in an establishment or a group of establishments, that trade union shall, if it has as its members not less than one-third of the total number of workmen employed in such establishment or group of establishments, be deemed to be collective bargaining agent for such establishment or group.

Page 24: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Holding a BallotWhere there are more registered trade unions than one in an establishment or a group of establishments, the Registrar shall, upon an application made in this behalf by any such trade union which has as its members not less than one-third of the total number of workmen employed or by the employer, hold a secret ballot to determine which one of such trade unions shall be the collective bargaining agent for the establishment or group.

Page 25: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Notice to every registered TU

Upon receipt of an application, the Registrar shall, by notice in writing, call upon every registered trade union in the establishment or group of establishments to which the application relates to indicate, within the time specified in the notice, whether it desires to be a contestant in the secret ballot to be held for determining the CBA in relation to the establishment or group. If a trade union fails to indicate its desire to be a contestant within the specified time, it shall be presumed that it shall not be a contestant in such ballot.

Page 26: Lecture 5 The Industrial Relations Ordinance 1969.ppt

List of Employed Workers

Every employer shall submit to the Registrar a list of all workers employed in the establishment, excluding those whose period of employment is less than three months or who are casual worker, showing in respect of each worker his age, the section or department and the place in which he is employed, his ticket number and his employment date, and also as many copies of such list as may be demanded by the Registrar.

Page 27: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Modification in the list by Registrar

On receipt of the workers list the Registrar shall send a copy of the list to each of contesting trade unions together with a notice inviting objections to be submitted within a specified time. The objections, if any, shall be disposed of by the Registrar after necessary enquiries. The Registrar shall make such amendments, alterations or modifications in the list submitted by the employer as may be required by any decision given by him on objections.After amendments, the Registrar shall send the final list to each of contesting trade unions at least four days prior to the date fixed for the poll.

Page 28: Lecture 5 The Industrial Relations Ordinance 1969.ppt

VotingThe list of workers shall be deemed to be the list of voters, and every worker whose name appears in that list shall be entitled to vote in the poll.Every employer shall provide all such facilities as may be required by the Registrar for the conduct of poll but shall not interfere with or in any way influence the voting.No person shall canvass for vote within a radius of fifty yards of the polling station.

Page 29: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Conducting the poll

The Registrar shall – 1. Fix the poll date and intimate the same to

each contesting trade unions and to every employer;

2. Place the ballot boxes, sealed in the presence of the representatives of the contesting trade unions, in the polling station as to receive the ballot papers;

3. Conduct the poll at the polling station at which the representatives of the contesting trade unions shall have the right to be present;

4. Open the ballot boxes and count the votes after the conclusion of the poll and in the presence of the representatives.

Page 30: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Declaration of CBAAfter the conclusion of the vote count, the Registrar shall declare the trade union which has received the highest number of votes to be the collective bargaining agent.No trade union shall be declared to be the CBA for an establishment or group of establishments unless the number of votes received by it is not less than one-third of the total number of workmen employed in such establishment or group.Where a registered trade union has been declared to be the CBA, no application for the determination of the CBA for such establishment or group shall be entertained within a period of two years from the declaration date.

Page 31: Lecture 5 The Industrial Relations Ordinance 1969.ppt

The CBA shall be entitled to –

1. Undertake collective bargaining with the employers on matters connected with employment, non-employment, the terms of employment or the conditions of work;

2. Represent all or any of the workmen in any proceedings;

3. Give notice of, and declare, a strike in accordance with the provisions of Ordinance;

4. Nominate representatives of workmen on the Board of Trustees of any welfare institutions or Provident Funds, and of Worker’s Participation Fund established under the Companies Profit Act, 1968.

Page 32: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Framework of Dispute Resolution

Page 33: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Participation Committee

The Director of Labor or any officer authorized by him shall require the employer in any establishment in which fifty or more workmen are employed or were employed on any day in the preceding twelve months, to constitute a participation committee consisting of representatives of the employer and the workmen so however that the representatives of the workmen is not less than the number of the representatives of the employer in the participation committee.

Page 34: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Functions of the Participation Committee

1. To endeavor to promote mutual trust, understanding and cooperation between the employer and workmen;

2. To ensure application of labor laws;3. To foster a sense of discipline and to improve

and maintain safety, occupational health and working condition;

4. To encourage vocational training, worker’s education and family welfare training;

5. To adopt measures for improvement of welfare services for the workers and their families;

6. To fulfill production target, reduce production cost and raise quality of products.

Page 35: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Steps followed in solving industrial disputes

1. Try to settle down by the disputed parties after the notice of employer or CBA

2. Conciliator 3. Arbitrator4. Labor Court5. Labor appellate tribunal

Page 36: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Step 1: Try to solve industrial disputes by the disputed parties

If, at any time, an employer or a collective bargaining agent finds that an industrial dispute is likely to arise between the employer and any of the workmen, the employer or as the case may be, the CBA shall communicate his or her its views in writing to the other party.

Page 37: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Step 1: Try to solve industrial disputes by the disputed parties,

Contd.,

Within 10 days of the receipt of a communication, the party will arrange meeting with the representatives of the other party for bargaining.

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 of it should be forwarded to the conciliator.

Page 38: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Step 2: Conciliation

Where the parties to an industrial dispute fail to reach a settlement by negotiation, any of them may report to the Conciliator that the negotiations have failed and request him in writing to conciliate in the dispute and the conciliator shall, on the receipt of such request, proceed to conciliate in the dispute.

Page 39: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Step 2: Conciliation, Contd.,

If conciliator fails to start negotiation in ten days, the parties are free to serve a notice of strike or lock-outIf conciliator can solve the dispute in the stipulated time, he will prepare a proceedings which should be signed by the parties and he will send it to the government authority.

Page 40: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Appointment of Conciliator

The Government shall, by notification in the official Gazette, appoint as many persons as it considers necessary to be Conciliators for the purposes of this Ordinance and shall specify in the notification the area within which each one of them shall perform his functions.

Page 41: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Strikes and Lock-out

If no settlement is arrived at during the course of conciliation proceedings and the parties to the disputes do not agree to refer it to an Arbitrator, the workmen may go on strike or the employer may declare a lock-out.

The parties to the dispute may, at any time, either before or after the commencement of a strike or lock-out, make a joint application to the Labor Court for adjudication of the dispute.

Page 42: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Strikes and Lock-out, Contd.,

If a strike or lock-out lasts for more than 30 days, the government may, by order in writing, prohibit the strike or lock-out.

In any case in which the government prohibits a strike or lock-out, it shall, forthwith, refer the dispute to the Labor Court.

Page 43: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Illegal strikes and lock-out

A strike or lock-out shall be illegal if –

1. It is declared, commenced or continued without giving to the other party to the dispute a 21 days notice of strike on;

2. It is declared, commenced or continued in consequence of an industrial dispute raised in a prescribed manner by the CBA;

3. It is continued in contravention of an order made by Labor Court or Tribunal;

4. It is declared, commenced or continued during the period in which a settlement or award is in operation in respect of any of the matters covered by a settlement or award.

Page 44: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Step 3: Arbitration

If the conciliation fails, the Conciliator shall try to persuade the parties to agree to refer the dispute to an Arbitrator.

The Arbitrator to whom a dispute is referred may be a person borne on a panel to be maintained by the Government or any other person agreed upon by the parties.

Page 45: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Step 3: Arbitration, Contd.,

The arbitrator shall give the award within the period of 30 days from the date on which the dispute is referred to him.

If arbitrator can come to a solution, he will forward a copy to the parties and to the government who shall cause it to be published in the official gazette.

Page 46: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Step 3: Arbitration, Contd.,

The award of arbitrator shall be final and no appeal shall lie against it. It shall be valid for a period not exceeding 2 years or as may be fixed by the arbitrator.

An arbitrator can only be appointed by mutual consent of the parties.

Page 47: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Step 4: Labor Court

When collective bargaining has failed, a 21 days notice of strike or lock-out is to be given by one party to the other.

During this 21 days, the conciliator is to make attempts to bring the parties to a settlement or make them agreeable to refer the dispute to an arbitrator.

Page 48: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Step 4: Labor Court, Contd.,

If both these courses fail, a strike or lock-out can be declared in accordance with the notice already given.

In case of strike or lock-out lasts for more than 30 days, the government may prohibit it by and order and simultaneously refer the dispute to a labor court.

Page 49: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Step 4: Labor Court, Contd.,

Any collective bargaining agent or any employer or workman may apply to the labor court for the enforcement of any right guaranteed or secured to it or him by or under any law or any award or settlement.

The Government may, by notification in the official Gazette, establish as many Labor Courts as it consider necessary. A labor court shall consist of a Chairman appointed by the Government and two members to advice the Chairman, one to the employers and the other to represent the workmen.

Page 50: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Powers of Labor Court

A Labor Court shall be deemed to be a Civil Court, and shall have the same powers as are vested in such Court including the powers of –

a) Enforcing the attendance of ay person and examining him on oath;

b) Compelling the production of documents and material objects;

c) Issuing commissions for the examination of witnesses or documents;

d) Delivering exparte decision in the event of failure of any party to appear before the Court.

Page 51: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Labor Court

The Labor Court shall, after giving the parties an opportunity of being heard, make such award as it deems fit within sixty days from the date on which the dispute was referred to it.

An award shall not be for more than two years.

Page 52: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Labor Court, Contd.,

Any party aggrieved by an award given by the Labor Court, may appeal to labor appellate tribunal within thirty days of the delivery there of and the decision of the tribunal in such appeal shall be final.The tribunal may, on appeal, confirm, set aside, vary or modify the award and shall exercise all the powers conferred by this Ordinance on the Court. The decision of the tribunal shall be delivered as expeditiously as possible, within a period of sixty days following the filling of the appeal.

Page 53: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Step 5: Labor Appellate Tribunal

The tribunal shall consist of one member to be appointed by the Government by notification in the official Gazette. The Government may establish one or more Labor Appellate Tribunals for the purposes of this Ordinance.

The member of the tribunal shall be a person who is or has been a judge (or an additional judge) of a High Court and shall be appointed on such terms and conditions as the Government may determine.

Page 54: Lecture 5 The Industrial Relations Ordinance 1969.ppt

Step 5: Labor Appellate Tribunal

The tribunal shall have authority to punish for contempts of its authority, or that of any Labor Court Subject to its appellate jurisdiction, as if it were a High Court.

Any person convicted and sentenced by the tribunal to imprisonment for any period, or to pay a fine exceeding one hundred Taka may prefer an appeal to the High Court Division.