The document discusses collective bargaining agents (CBAs) in Bangladeshi labor law and some challenges related to the collective bargaining process. It notes that under Bangladeshi law, a CBA is a trade union that represents workers in collective bargaining matters. However, several conditions are often not met that are necessary for successful collective bargaining, such as mutual trust between management and unions, unbiased union leadership, and ensuring workers' right to strike. The document also outlines practical problems with CBAs like management bribery of union leaders, power imbalances between employers and employees, and lack of training for union leaders. Overall, it argues that the collective bargaining system in Bangladesh is weak due to factors such as politically motivated union leaders, lack of education

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CollectiveBargaining Agent (CBA) In relation to IRO 1969 & Bangladesh Labor
Code, 2006; the collective bargaining agent (CBA) can be defined as: ‘collective
bargaining agent’, in relation to an establishment or group of establishments,
means the trade union of workers or federation of trade group of establishments
in the matter of collective bargaining; Collective Bargaining Agent described in
Section 202 in Bangladesh Labor Code & in Section 22 in IRO 1969.
CB is a major institutional mechanism for resolving the conflicts among the
interested parties. CB is the combination of two words: (a) Combination (i.e.
Jointly) & (b) Bargaining (i.e. offer & counter offer to reach a settlement)
So, we can say that CB is a technique of resolving the existing conflicts between
the employee and employer.
The object/end of collective bargaining is invariably to harmonise labour
relations, to promote industrial peace by creating conditions whereby labour
and capital are put on equal footing, while negotiating with the employer.
For a successful CBA, some conditions have to be fulfilled. But it’s a matter of
sorrow that most of the conditions are not followed in Bangladesh. However,
the preconditions for successful CBA are following as:
 Democratic Attitude of the managements towards the workers & their
unions should be ensured. But unfortunately, in most of the present
context/situation in industry, it is seen that the management side always
try to dominate the workers as well as their unions.
 Mutual trust, confidence & respect between the management and the trade
union activities should be maintained.

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 Government must not interfere in the internal affairs of trade union and
collective bargaining.
 Devoted an unbriable leadership of the CBA or Trade Union (TU) should
be encouraged. But, in most of the situation, it is seen that the management
authority offers bribe, or force to take bribe to the CBA, if the CBA doesn’t
want to take it willingly.
 Workers’ right to strike and collective bargaining must be ensured.
 Need based training programme should be organized for
increasing/enhancing the knowledge of bargaining skill of the TU Leaders
as well as workers. But in practically, we see/notice that most of the
employers always try to dominate the workers as well as the TU. Because
of it, the employers or management authorities don’t arrange need based
training programmes for the workers as well as TU. To ensure that CB
functions properly unfair labour practices mentioned in Sec 195 & 196
of Bangladesh Labour Code, 2006 should be avoided & abandoned by both
sides, and so on.
Practical Problems relating to CBA:
As we know that there is no equal footing between employers & employee in
Bangladesh. The reasons (i.e. practical problems) for weak bargaining position
of workers are given below:
 The frequent attempts by the ruling party (i.e. employers), to buy off or
victimized trade union leaders by offering bribe to them.
 The unfavorable or authority attitude of the management.

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 A weak industrial based and absence of real democratic practice in
Bangladesh.
 Politicization of TU, inter and intra rival reach, opportunism of trade
union leaders, absence of experienced TU Leaders at plant level etc.
 Practical Problem regarding the Labour Court in Bangladesh: There are
some practical problems regarding the Labour Court in Bangladesh which
are given below:
 The number of Labour Court available in Bangladesh is not adequate as
compare to the volume of cases. So far, I know that there are only Seven
Labour Courts in Bangladesh. Out of Seven Labour Courts, three are in
Dhaka, two in Chittagong, one each respectively in Rajshahi & Khulna.
Actually, it is not possible to maintain many labour related laws with a
few numbers of courts. So, the number of labour court should be increased
as compared to the volumes of cases. Government has to take necessary
initiatives in this regard.
 The Chairman and the Members of the Court are not provided with
reasonable facilities. So, it demotivates/discourages them than as such
hampers the early disposal of cases. So, a standard remuneration package
along with admissible benefits should be offered to the Chairman and
Members of the Court. It is believed that if lucrative remuneration is offered
to someone, the speed of his work is also increased rapidly.
 The Chairman & the Members of Labour Court are part time appointing. I
think that this is the main barrier to the backlogs of cases. Because part
time appointed Chairman & the Members don’t pay proper attention in this

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regard. So, the Govt. along with other organizations should come forward
in this regard.
 It is said in section 218 (11) of the Bangladesh Labour Code, 2006 that-
“The Judgment of the Labour Appellate Tribunal shall be delivered within
a period of not more than 60 days following the filing of the appeal.
Provided that, no such judgment shall be rendered invalid by reason only
of any delay in its delivery.” Because of this provision, to get a judgment,
four to five years are expired. Because, there is a chance of time petition by
the parties especially employers. Because of this lengthy process, the workers
are reluctant to prefer an appeal.
 The financial inability prevents the workers from filling cases against
management. The frequent shifting of the date of the hearing makes
aggrieved workers very frustrated.
 The Government and other relevant agencies are reluctant in paying proper
attention to the problem of Labour Court. This is another reason for the
barrier to the backlogs of cases. So, to overcome this problem, the govt. along
with other relevant agencies should come forward with a view to paying
proper attention in this regard.
Problems of Trade Union (TU) in Bangladesh:
For violating the interest of workers, only employer is not liable. Beside
employer, worker as well as TU Leader is also liable for it. Some problems
relating to TU in Bangladesh are frequently observed in the present context of
Bangladeshi industries. These problems are given below:

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 Lack of requisite leadership including accountability of the TU leaders,
competency or qualification of TU.
 It is mainly happened due to ignorance as well as less education of TU
leaders. Because of it, need based training programme should be organized
for increasing/ enhancing the knowledge of bargaining skill of the TU
Leaders as well as workers.
But in practically, we see/notice that most of the employers always try to
dominate the workers as well as the TU. Because of it, the employers or
management authorities don’t arrange need based training programmes for
the workers as well as TU.
 Politicization of TU. It is also an important problem regarding the present
situation at Bangladeshi Industries. Most of the time, it is seen in the
industry that a particular class of worker only get enjoy benefit. It is
occurred mainly because of politicization of TU.
 Fragmentation (e.g. every CBA Leaders want to reform different TU). So, the
workers as well as TU Leaders should bear in mind that they don’t do
anything which violates the interest of workers.
 Limitation of the Labour Administration & Inspection Office: Ministry of
Labour & Manpower has some agencies or departments. Department of
Inspection for Factories & Establishments is one of those. There are some
limitation relating to the Department of Inspection for Factories &
Establishments which are given below:
 Absence of provisions of inspecting factory construction works: To start
activities, a factory has to fulfill some requirements. Say for example- prior

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written permission from the Chief Inspector (CI) is compulsory before setting
up a factory as per the Labour Code.
The duty of Engineering Wing is to approve the plan which is attached. If
plan is ok, then CI will provide a certificateof registration to the concerned
employers who are want to make a factory.
As per section 326 of Bangladesh Labour Code, 2006- “If an application
for permission accompanied by the plans & specification is sent to the CI &
no order is communicated to the applicant within two months from the
date of its receipt by the Chief Inspector, the permission applied for in the
said application shall be deemed to have been granted.”
 Absence of the Provisions of cancellation of the factory registration &
license: As we know that the CI issues the certificate of Registration on the
ground of fulfillment of some requirements. If the requirements are not
fulfilled, then CI is not empowered to cancel the registration.
 Inspection office (IO) lacks manpower: Most of the time, IO is failed to
execute the laws relating to factories. Their argument is the ‘lack of
manpower’. There are 30 lakh shops, 170 tea gardens & 60 ship breaking
yard industry in Bangladesh. But there are only 200 inspectors in the
department of inspection for factories and establishments. Literally, it is
impossible to complete huge volume of works with such poor manpower. IO
thinks that if the number of IO can increase from 200 to 500, then it can
carry out its responsibilities properly.
 Lack of provisions of receiving Complaints & their disposals of at the
Inspection Office: IO is only liable the manpower for their failure. But there
are many problems the factory which remedy is lengthy. IO can do it- “If,

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after they listening to the workers’ grievance (e.g. about wages) and gives
order to the employer, then the employer is bound to pay wages to the
worker.
Remedies of problems of CBA
Collective bargaining is one of the most important pillars of social dialogue,
and below we examine the legal framework for bargaining procedures and
structures, and the current situation in practice.
 Cooperation and communication between the trade union organization
and the management. This covers matters such as: employers’ duties to
consult, inform and decide in cooperation with the union; confidentiality
clauses; and employers’ support for trade union activities by providing them
with technical facilities etc.
 Employment and working conditions. This covers matters such as:
employment contracts and termination of employment; principles of
redundancy policy in collective redundancies; working time and working
time schedules; and holiday and paid leave.
 Wages and remuneration. This covers matters such as: the wage system and
minimum wage tariffs; payment for working overtime and for working on
holidays; extra payments for difficult and risky working conditions and
night work; and severance payments in the event of collectiveredundancies.
 Occupational safety and health. This covers matters such as: employers’
duties and cooperation with trade unions in safety and health issues;
preventive and corrective measures to improve working conditions and to

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reduce risk at work; and the establishment of trade union safety and health
delegates in companies.
 Human resource development and other social issues. This covers matters
such as: training and human resources development activities; and the
creation and utilization of the Social Fund in.
 There must be a change in the attitude of employers and employees.
 The employers and employees should enter upon negotiations on points of
difference or on demands with a view to reaching an agreement.
 Unfair labor practices should be avoided and abandoned by both sides.
 The terms of the contract should be put down in writing and embodied in
a document.
 Collective bargaining should be based on facts and figures.
 Once an agreement is reached, it must be honored and fairly implemented.
 A provision for arbitration should be incorporated in the agreements.
Collective Bargaining in Bangladesh Collective Bargaining system in
Bangladesh is very much weak. Several factors are responsible for it. So far,
collective bargaining system has not made in remarkable progress in
Bangladesh because unions are not organized enough to bargain collectively,
many trade union leaders are not educated enough to comprehend problems
of workers and employers in a broad prospective.A good number of trade union
leaders are either self-interested or politically motivated persons. Ethical
positions of most of the unions are not strong enough. Due to lack of education
and intransigent attitude of some employers, workers have more faith in acts
of violence than the process of collective bargaining to realize their demand.

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Very often lack of good faith in each other hinders the progress and success of
collectivebargaining. Management often failure to have direct communication
with workers. Inefficient conciliation role of government resulting in poor
collective bargaining.