Several proposals not reflected in amended labour law

A number of proposals of the Tripartite Consultative Committee (TCC) and workers' representatives, especially in the areas of freedom of association and collective bargaining, have not incorporated in the latest amendments to the labour law, which might provide uneven advantages to employers.

Hailing several changes including the provision for wage revision after each three years instead of five years, they also opined that the Labour Reform Commission's (LRC) recommendations were also not adequately being incorporated.

The observations came at a stakeholders' meeting on 'Amendments to the Bangladesh Labour Act, 2006', which was organised by Solidarity Center on Thursday.

The dialogue aimed to critically assess the proposed amendments, identify gaps and ensure that future implementation reflects the interests of workers, employers and policymakers.

Speaking at the programme, AKM Nasim, country program director of Solidarity Center, said the Eployer's Federation proposed a 'slab approach' to the number of workers required to form a union.

But the amended ones have some technical discrepancies, which might create a lot of problems while being implemented, he said.

Citing examples, he said under clause (a), a union in an establishment with 300 workers requires 20 members, representing about 6.67 per cent of the workforce.

However, once the establishment size increases by just one additional worker to 301 workers, the required number of members immediately doubles to 40, or about 13.29 per cent of the workforce under clause (b).

Similarly, under clause (b), a union in an establishment with 500 workers must have 40 members (8 per cent of the workforce) and yet with only one additional worker to 501 workers, the required number of members sharply rises to 100, representing 19.96 per cent of the workforce, under clause (c).

Such abrupt jumps from 20 to 40 members, and then from 40 to 100 members occur despite only a minimal increase in the total number of workers.

Similarly, the membership requirements as a percentage of the workforce rise sharply and disproportionately, he said, explaining that such inconsistency could undermine the objective of facilitating union formation under the amended law.

Highlighting the importance of anticipating future loopholes, he said theoretically, the amendment is great but with the passage of time the loopholes will start coming up.

Expressing concern, he further noted that despite commitments, the LRC's recommendations were not adequately reflected.

Taslima Akter, a member of the LRC, underscored the importance of meaningful engagement with worker voices, saying in many cases workers' voices were not heard and they saw the same trend in the TCC.

She, however, welcomed the provision for the revision of minimum wage in every three years instead of five though it was not included as to how the buyers' accountability would be ensured.

Mohammed Hatem, President of Bangladesh Knitwear Manufacturers and Exporters Association (BKMEA), said they want explanations from the government as to why it ignored the TCC recommendations.

He further said they agreed with almost all TCC proposals except for the workers' representation threshold for trade union registration and let the government decide about.

With regard to the collective bargaining agent (CBA), he said the TCC's decision was not incorporated in the amended law.

He, however, welcomed the three-year wage revision cycle.

"For minimum wage, the three years' provision is a welcome move, but we recommended revision of minimum wage every year to avoid a big hike after five years," he noted, adding that annual adjustment with inflation and increased living costs would be beneficial for employers.

Speaking on the broader structural issues, Syed Sultan Uddin Ahmmed, Chairman of Labour Reform Commission, noted the complexities inherent in amending a codified labour law.

"Our labor act is codified and only Bangladesh and the Philippines have this kind of codified law. And whenever codified laws are amended, there will be inconsistencies," he said, suggesting analysing the BLA to identify discrepancies and recommend amendments.

He also recommended a wider lens beyond the RMG sector, saying: RMG is just one industry and it is not Bangladesh itself."

Speakers, however, emphasised the need for thorough review, evidence-based revisions, and long-term planning to ensure the amendment serves the interests of the country's diverse workforce while supporting sustainable industrial growth.

Munni_fe@yahoo.com