Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 340, Mars 2006

Effect given to the recommendations of the Committee and the Governing Body

1. 35. The Committee last examined this case at its June 2005 meeting [see 337th Report, paras. 214-240] and on this occasion made the following recommendations:
   • (a) The Committee once again urges the Government, in consultation with the workers’ and employers’ organizations concerned, to amend the legislation so as to avoid the obstacles that can be created by the minimum membership requirement to the formation of workers’ organizations.
   • (b) The Committee urges the Government to take the necessary steps immediately so that the Immaculate (Pvt.) Ltd. Sramik Union is registered promptly. The Committee requests the Government to keep it informed of all progress made in this regard.
   • (c) The Committee requests the Government to convene an independent inquiry to thoroughly and promptly consider the allegation that seven members of the union were dismissed by the company upon it learning that a union was being established and to ensure that appropriate measures are taken in response to any conclusions reached in relation to these allegations of anti-union discrimination. The Committee requests the Government to ensure that, if it appears in the independent inquiry that the dismissals did occur as a result of involvement by the workers concerned in the establishment of a union, those workers will be reinstated in their jobs, without loss of pay. If the independent inquiry finds that reinstatement is not possible, the Committee requests the Government to ensure that adequate compensation so as to constitute sufficiently dissuasive sanctions is paid to the workers. The Committee requests the Government to keep it informed of any developments in this regard.
2. 36. In its communication, dated 2 October 2005, the Government provided information on the above recommendations. In particular, the Government indicated, with regard to recommendation (a) above, that considering the socio-political and industrial economic situation in Bangladesh, a minimum requirement of 30 per cent membership of the total workers to form a union in that establishment is justified. Consequently, the Government states that no amendment for this purpose is needed.
3. 37. The Government further indicated, with regard to recommendation (b) above, that the appeal (No. 01 of 2004) filed by the union before the First Labour Court, Dhaka, regarding the refusal of registration, is still pending. The next hearing date is fixed for 11 October 2005 and the Government states that the judgement of the Court will be transmitted as soon as it is handed down.
4. 38. With regard to recommendation (c) above, the Government stated that national legislation includes protection against anti-union discrimination. The Government indicated that under the provision of section 25(1) of the Employment of Labour (Standing Orders) Act, 1915, a worker has the possibility to go before the Court for redress if he or she has been terminated for trade union activities. Moreover, under section 25 – Grievance procedure – of the Employment of Labour (Standing Orders) Act, 1965, any individual worker, including a person who has been dismissed and intends to seek redress thereof can submit a grievance to the employer and, if the worker is dissatisfied with the decision, he or she has the possibility to make a complaint before the Labour Court.
5. 39. The Committee notes the information provided by the Government. With regard to the recommendation made under (a) above, the Committee deeply regrets that the Government merely maintains its position that a 30 per cent minimum membership requirement for the formation of a union is justified in light of the national context. The Committee strongly urges the Government once again to take measures to consult with the workers’ and employers’ organizations concerned with a view to amending the IRO so as to avoid the obstacles that can be created by the minimum membership requirement to the formation of workers’ organizations. The Committee draws this aspect of the case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.
6. 40. With regard to its recommendation that the Government take immediate steps to ensure the prompt registration of the union, the Committee regrets that the Government provides no information as to measures taken in this regard and merely refers to the appeal filed by the union in this regard which is still pending before the First Labour Court, Dhaka. Given the concerns raised by the Committee in respect of the obstacles posed to the formation of workers’ organizations by the minimum membership regulation, the Committee urges the Government once again to take steps immediately for the prompt registration of the union.
7. 41. Finally, the Committee notes that the Government has provided no information as to the steps taken to convene an independent inquiry to thoroughly and promptly consider the allegation that seven members of the union were dismissed by the company upon it learning that a union was being established and to ensure that appropriate measures are taken in response to any conclusions reached in relation to these allegations of anti-union discrimination. The Committee urges the Government to rapidly convene an independent inquiry into these serious allegations of anti-union discrimination and to keep it informed of the progress made in this regard.