Labour law draft speaks more 'in favour of employers than workers'

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Munima Sultana The amendment to the labour law, as was approved by the cabinet, goes more in favour of employers than the workers in the ready-made garment (RMG) sector, trade union leaders and some legal experts said. Many provisions have been included in the draft amendment or withdrawn from the original law by putting some restraints on the workers' rights to effective trade unionism and bargaining capacity, they said. The experts and labour leaders alleged the proposed amendment, in many cases, does not comply with the standards of the International Labour Organisation (ILO), particularly when it comes to the main issue of workers' right to unionism. The cabinet approved last Monday the amendment to the Labour Law 2006, allowing trade union activities in the sector, as the pressure had mounted for ensuring such rights, following incidents that put the authorities' image at stake. The government has to pass the law in the upcoming session of the Jatiya Sangsad (JS), as recommended by the ILO's high profile mission that visited Bangladesh in early May. Labour leaders said though the mission had strongly recommended for an amendment to the law to allow trade unionism under the ILO standards, the government accommodated the owners' recommendations more than those of the workers. They said both owners and workers had submitted their recommendations in a series of meetings with the ILO mission. Analysts said the government had no choice but to amend the law under pressure from the international community including the ILO and the UN. The Pope in the Vatican City also made a comment on the state of things in Bangladesh's RMG sector, they said. Mr Mojibur Rahman Bhuiyan, Vice Chairman of Bangladesh Institute of Labour Studies (BILS), an apex body of labour unions, said a provision on trade unionism had been there in the original labour law, but no union could be formed due to its some other provisions. "The latest amendment stipulates that in any factory, having a workforce of 5,000, it requires at least 30 per cent representation of workers for formation of a union," he said. In any factory having less than 5,000 workers, a participation committee can be formed, the draft amendment says. The draft now provides for having, at least, 50 workers in a factory to form a participation committee. "This amounts to suspension of rights to organising unions and collective bargaining," he added. Sramik Karmachari Oikya Parishad (SKOP) leader Shirin Akhter said a participation committee cannot be a substitute for a union. "These provisions are totally conflicting and go against the workers' freedom to bargain, as enshrined in the relevant ILO conventions," she told the FE. Labour leaders alleged that the draft amendment also stipulates withdrawal of some existing facilities of workers like sharing five per cent of profits. Instead, it provides for transferring the money to welfare funds. They said the provision for bringing the errant garment owners to book including jail-term punishment has also been deleted. "Employers are happy as the new labour law will favour them, not the labourers," said one of them. Expatriate Welfare and Overseas Employment Minister Khandaker Mosharraf Hossain who was involved with the process of amending the law while being in charge of the ministry said the amendment had been approved on the basis of the recommendations of all the stakeholders. When it comes to giving punishment to an industrialist for any wrong-doing or crime, he said this will be done under the criminal law, not under the labour law. "If any allegation of forgery against an owner proves true, it would be taken into account under the country's criminal law," he told the FE. He, however, declined to make any further comment on the matter, as he was no more holding the responsibility of the ministry of labour. Mr Mujibur Rahman, who is also a member of SKOP, said the amendment has expanded the purview of unfair labour practices, which now include breaking any object, being undisciplined at the workplace etc. These would just serve as a tool for the employers to dismiss workers, according to him. "It is very unfortunate that the amendment has been made as recommended by the associations of RMG and knitwear manufacturers and exporters," he added. Sommilito Garments Sramik Federation President Nazma Akter said: "If the government is not sincere about supporting the workers, the factory owners will never allow them to form unions." She expressed her dissatisfaction that no provision had been included in the amendment as to the maternity leave of female workers for six months or any annual increment for all categories of workers.