Introduction: The International Covenant on Economic, Social and Cultural Rights entered into force on 3 January 1976. Article of this covenant elevated us about tread union and the right of the workers. In this assignment I will discuss about article 8 of the covenant, interrelated international laws, tread union, legal situation of tread union in Bangladesh, how much Bangladesh labor act support the covenant and my experience about the discussions. Article 8 and explanation: Recognizes the right of workers to form or join trade unions and protects the right to strike.
It permits these rights to be restricted for members of the government administrators. Relevant international law: The International Covenant on Economic, Social and Cultural Rights (1966), together with the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966), make up the International Bill of Human Rights. In accordance with the Universal Declaration, the Covenants Recognize that, the ideal of free human beings enjoying civil and political freedom and freedom from fear.This international law also declarer, the right of everyone to form, join trade unions and elect their representative of their choice. Trade Union: Generally Trade union is an organization of workers. It is formed with a view to improve the condition of workers, in the organization and in society.
And also for collective bargaining with management. A trade union bridges the relationship between workers and workers and also between workers and employers. Comparison between covenant and Bangladesh labor Act (BLC 2006): Bangladesh labor act was passed on 2006. I will discuss two article of BLC.Article 176: workers and employers can join tread union, draw their constitution and can elect their representative freely. This article supports the article 8 of the covenant.
·Article 179: this article prescribe requirement for registration. Means that with out minimum membership of 30%, of the total workers tread union cannot register. This article contradicts with the covenant. On the other hand there is no contradiction as it is prescribe by law.
Trade union rights are not adequately protected in law.While the Constitution provides for freedom of association, in order to register, unions must represent an nordinate 30% of the workers in an enterprise and must obtain authorization from the government. Furthermore, the right to strike is also limited. The government can ban any strike that continues beyond 30 days in "essential services" or if the strike is considered a threat to national interest, in which case the 1974 Special Powers Act can be used to detain trade unionists without charge. Present condition of trade union in Bangladesh: The environment that is need for establishing an effective trade union is not available in Bangladesh.Bad labor management relation systems are legally responsible.
The effect and effort of trade union is very weak in our country. Management and labors stands against each other, if the labor management relation goes wrong. Workers join in a tread union to protect their economic hazards and other problems, but today’s trade union is deviated from their principles and involved into destructive activities. Experience: Bangladesh is an agricultural country and also developing country. So here worker are available working in the various industries.As a result many trade unions are established.
But as we can see there are no representative types of tread union in garments sector. Because workers are not well educated. So they don’t know how to establish their rights. Although a number tread union, which exists now a day, they are financially weak and there is a political influence. For this assignment, I chouse garments worker as my target group. I take with them about tread union and their rights.
Simply they say, they don’t know about tread union.Some says, there is ‘worker welfare association’ which works only for employer’s trusty workers. They don’t get their salary on time. They have to work for minimum 13 hours but the working hour prescribe by the government is 8 hours. Conclusion: From the above discussion we get that trade union is a voluntary association. They work or join in the trade union for protect their life by getting security, economic development and well work environment etc.
but trade union cannot achieve their ultimate goal. I think government should take initiative to protect workers legal rights.