The Bangladesh Work Code, 2006 is one of the exceptionally late laws with major updating changes in the field of Work Enactment. The laws which this code has supplanted were made generally during the English Provincial system and Pakistan Period and they were upwards of 50 in number. By and large, these laws were obsolete, dissipated, conflicting and frequently covering one another. In 1992, a Work Law Commission was framed by the Legislature of the day which inspected 44 Work Laws and prescribed to rescind 27 Laws and it arranged a draft Work Code in 1994. This draft of Work Code, 1994 experienced arrangement of changes in its verifying stages and at last the Bangladesh Work Code, 2006 was passed by the Parliament on October 11, 2006. Area 353 of the Code has canceled 25 past Work related laws. There are as yet 25 legitimate laws managing Work and Mechanical issues have not been canceled or combined and all things considered the Bangladesh Work Code, 2006 albeit a Solidified Demonstration was not united every one of the laws in the documented.
Despite the fact that the Bangladesh Work Code, 2006 was sanctioned in 2006, still there are some viable issues and inadequacies identifying with Work Code, 2006. Aggregate Haggling Specialist (CBA): CBA is an idea which improves the states of working life. As per Hoxie-“Aggregate Dealing (CB) is a method of fixing the terms of work by methods for bartering between a sorted out assortment of representatives and bosses or a relationship of managers generally acting through composed operators.” CB is a noteworthy institutional component for settling the contentions among the invested individuals. CB is the blend of two words: (a) Mix (for example Mutually) and (b) Haggling (for example offer and counter idea to arrive at a settlement) So we can say that CB is a strategy of settling the current clashes between the worker and manager. The item/part of the bargain is perpetually to blend work relations, to advance mechanical harmony by making conditions whereby work and capital are put on equivalent balance, while consulting with the business. For a fruitful CBA, a few conditions must be satisfied. In any case, it’s a matter of distress that the greater part of the conditions are not followed in Bangladesh. Be that as it may, the preconditions for fruitful CBA are following as: Popularity based Mentality of the administrations towards the laborers and their associations ought to be guaranteed. Be that as it may, sadly, in a large portion of the present setting/circumstance in industry, it is seen that the administration side consistently attempt to rule the laborers just as their associations. Shared trust, certainty and regard between the administration and the worker’s organization exercises ought to be kept up.
Government must not meddle in the inside undertakings of worker’s guild and aggregate dealing. Dedicated an unbriable authority of the CBA or Worker’s organization (TU) ought to be empowered. However, in the greater part of the circumstance, it is seen that the administration authority offers reward, or power to accept hush money to the CBA, if the CBA wouldn’t like to take it energetically. Laborers’ entitlement to strike and aggregate bartering must be guaranteed. Need based preparing project ought to be sorted out for expanding/improving the information of bartering ability of the TU Pioneers just as laborers. In any case, in for all intents and purposes, we see/see that the vast majority of the businesses consistently attempt to command the laborers just as the TU. As a result of it, the businesses or the executives specialists don’t mastermind need based preparing programs for the laborers just as TU. To guarantee that CB capacities appropriately out of line work practices referenced in Sec 195 and 196 of Bangladesh Work Code, 2006 ought to be maintained a strategic distance from and relinquished by the two sides, etc. Down to earth Issues identifying with CBA: As we realize that there is no equivalent balance between bosses and worker in Bangladesh. The reasons (for example pragmatic issues) for feeble dealing position of laborers are given underneath: The regular endeavors by the decision party (for example bosses), to pay off or misled worker’s organization chiefs by offering pay off to them. The negative or authority frame of mind of the administration. A powerless mechanical based and nonappearance of genuine vote based practice in Bangladesh. Politicization of TU, bury and intra opponent reach, advantage of worker’s organization chiefs, nonappearance of experienced TU Pioneers at plant level and so on. Down to earth Issue in regards to the Work Court in Bangladesh:There are some reasonable issues in regards to the Work Court in Bangladesh which are given underneath: The quantity of Work Court accessible in Bangladesh isn’t sufficient as contrast with the volume of cases. So far I realize that there are just Seven Work Courts in Bangladesh.
Out of Seven Work Courts, three are in Dhaka, two in Chittagong, one each separately in Rajshahi and Khulna. All things considered, it is beyond the realm of imagination to expect to keep up many work related laws with a couple of quantities of courts. So the quantity of work court ought to be expanded when contrasted with the volumes of cases. Government needs to take essential activities in such manner. The Executive and the Individuals from the Court are not given sensible offices. Thus, it demotivates/demoralizes them than in that capacity hampers the early transfer of cases. In this way, a standard compensation bundle alongside allowable advantages ought to be offered to the Administrator and Individuals from the Court. It is accepted that if worthwhile compensation is offered to somebody, the speed of his work is additionally expanded quickly. The Director and the Individuals from Work Court are low maintenance selecting. I imagine this is the primary hindrance to the excesses of cases. Since low maintenance selected Director and the Individuals don’t give appropriate consideration in such manner. In this way, the Govt. alongside different associations should approach in such manner. It is said in area 218 (11) of the Bangladesh Work Code, 2006 that-“The Judgment of the Work Redrafting Council will be conveyed inside a time of not over 60 days following the recording of the intrigue. Given that, no such judgment will be rendered invalid by explanation just of any deferral in its conveyance.” On account of this arrangement, to get a judgment, four to five years are terminated. Since, there is an opportunity of time appeal by the gatherings particularly managers. Due to this extensive procedure, the laborers are hesitant to lean toward an intrigue. In this way, I think, there ought to be incorporated a statement and that is – the Judgment of the Work Re-appraising Council will be conveyed inside a time of not over 60 days following the filling of the intrigue. Given that, a further time of one year might be reached out in such manner for example to convey judgment. The money related failure keeps the laborers from filling bodies of evidence against the executives. The incessant moving of the date of the consultation makes wronged laborers extremely disappointed. The Legislature and other important offices are hesitant in giving legitimate consideration to the issue of Work Court. This is another explanation behind the obstruction to the overabundances of cases. So to conquer this issue, the govt. alongside other pertinent offices should approach with the end goal of giving appropriate consideration in such manner. “End Condition” is a dark law which is still currently stays in the Work Code. “End simpliciter” is viewed as the most secure advance for the business to evacuate a specialist.
In spite of the fact that it is the most secure advance, it is the most costly strategy for expelling a specialist as in the business should allow a multi month’s notice or wages in lieu of a similar period and furthermore remuneration which is a lot higher contrasted with release and rejection. Despite the fact that, there is an opportunity of business to practice his evil thought process. Since, by this statement, a wide power is given to the business to expel a specialist from his work. Presently, an inquiry emerges whether multi month notice is or compensation in lieu of a similar period adequate to expel a laborer from his administration with no sensible ground. A specialist may not ready to discover an appropriate work for him inside four months. Due to this end provision, the businesses attempt to utilize the extraordinary provisos identifying with Bangladesh Work Code, 2006. Thus, this condition ought to be expelled from the Bangladesh Work Code, 2006. Despite the fact that it was held in U.B. Datt and Co. versus Laborers, AIR 1953 SC 411 that if the end of administration was a colorable exercise of the power or because of exploitation or uncalled for work practice, the work court or council would have ward to intercede and put aside such end. In any case, more often than not the laborers don’t get characteristic equity (for example try not to land back his position). That is the reason; I solidly accepted that to secure the enthusiasm of laborers, the ‘end condition’ should expel from the Work Code. Issues of Worker’s guild (TU) in Bangladesh: For damaging the enthusiasm of laborers, just manager isn’t at risk. Next to business, specialist just as TU Pioneer is likewise subject for it. A few issues identifying with TU in Bangladesh are every now and again seen in the present setting of Bangladeshi enterprises. These issues are given beneath: Absence of imperative initiative including responsibility of the TU pioneers, competency or capability of TU. It is for the most part occurred because of numbness just as less training of TU pioneers.
As a result of it, need based preparing project ought to be sorted out for expanding/upgrading the information of bartering aptitude of the TU Pioneers just as laborers. Yet, in essentially, we see/see that the vast majority of the businesses consistently attempt to command the laborers just as the TU. As a result of it, the businesses or the board specialists don’t organize need based preparing programs for the laborers just as TU. Politicization of TU. It is additionally a significant issue with respect to the current circumstance at Bangladeshi Enterprises. More often than not, it is found in the business that a specific class of specialist just get appreciate advantage. It is happened predominantly as a result of politicization of TU. Fracture (for example each CB