The IndustriALL Bangladesh Council has proposed new requirements for forming trade unions at factories in the upcoming amendment to the Bangladesh Labour Act 2006.
They proposed that a trade union could be formed by 10 to 300 workers, depending on the size of the establishment, with a ceiling of workers ranging from 20 to 3,000 and above.
They also stated that the recently revised method of determining the minimum number of members required to form a trade union would undermine workers’ fundamental right to unionise and create new forms of crisis.
Regarding the Collective Bargaining Agents, they stated that in establishments with a single union, the existing CBA would remain in effect, while in those with multiple unions, the one securing the highest number of votes through an election would act as the CBA.
Salauddin Swapan, former secretary general of the IBC, revealed it in a press conference organized by the IBC on Monday in the capital.
Earlier, on September 28, at a meeting of the Tripartite Consultative Committee, chaired by Labour and Employment Adviser M Sakhawat Hussain, the revised decision was made in the presence of representatives from the government, workers, and employers.
According to the meeting insiders, the new ceiling of the trade unions would be as follows: factories with 50–500 workers would require at least 50 members to form a union; 501–1,000 workers would require 100; 1,001–3,000 workers would require 300; and factories with more than 3,000 workers would require 400.Â
However, the rule for factories with fewer than 50 workers has not yet been finalised.
Earlier, on August 26, a decision was taken at the TCC meeting stating that a trade union could be formed with the signatures of 20 workers, along with allowing a maximum limit of five unions at a factory.
Currently, forming a union in Bangladesh requires the support of at least 20 per cent of workers in an establishment.
The decision on the workers› ceiling sparked debate among the workers and employees.
Salauddin Swapan said that thousands of factories and establishments across Bangladesh employ only 20 to 50 workers.
‘Would this proposal mean that workers in these smaller factories would be denied the right to form a trade union altogether?’ he questioned.
At the press conference, IBC proposed that to form a trade union, factories with 20-50 workers would require at least 10 members, with 51–200 workers would require at least 20 members, factories with 201-400 workers would require 30, and factories with 401-500 workers would require 40 to form a union.
Moreover, factories with 501–1,000 workers would require 50 members; factories with 1,001–3,000 workers would require 100 members; and factories with more than 3,000 workers would require 300 members to form a trade union.Â
Regarding the CBA, he stated that one of the primary responsibilities of a trade union is to engage in collective bargaining on behalf of its members.
‘In any establishment with a single union, that union would continue to act as the CBA, as per the existing practice and current law,’ he added.
He also stated that in establishments where more than one union exists, the union receiving the highest number of votes through an election would be recognized as the CBA and would lead all collective bargaining activities in that workplace.
He also urged the government to repeal the newly inserted Section 27(3)(ka) of the BLA 2006 entirely, along with the abolition of Section 26, which contradicts the International Labour Organization Convention.Â
‘Similar to public sector employees, all female workers in every establishment should be entitled to six months of maternity leave,’ he added.
He also said that as per Section 27, the notice period for worker resignation should be reduced from 60 days to 30 days.
‘If a worker resigns, they should be entitled to one month’s wages for each completed year of service, provided they have completed at least one year of employment,’ he added.
Despite the long-standing efforts to reform the labour law, they expressed their concern that many crucial issues, such as defining the term ‘worker’ properly, ensuring the inclusion of all workers under the law, regulating working hours, determining fair wages, providing maternity leave, and compensating for workplace accidents, have been overlooked.
‘Instead, the reform discussion seems to have been confined solely to setting the number of members required for forming trade unions,’ he added, saying that such a narrow approach might temporarily satisfy international stakeholders but would not bring any sustainable benefits to the industrial sector.
On the contrary, the government and employers would continue to face repeated international scrutiny and accountability over workers’ rights, as seen in the past,’ he added.
He also stated that if the government proceeds to finalize the labour law without addressing workers’ rightful demands, the IBC would organize regional conventions in Gazipur, Savar-Ashulia, Narayanganj, and Chattogram, followed by a larger national movement.
Regarding the August 26 decision, the factory entrepreneurs expressed displeasure regarding the proposed amendment, warning that the provision could disrupt industrial harmony, discourage foreign investment, and undermine competitiveness in the export sector.
They also said the move could lead to workplace disorder and the proliferation of ineffective, paper-based unions within the same factory.