The Measures for Enforcement of Rights of Garment Workers
Subject: Textile | Topics:

Introduction

There are lots of organizations established for the enforcement of rights of garments workers discussed it individually. How it workers and how enforcement the rights of garments workers in various way.

 Collective Bargaining Agent (CBA)

Trade unions in the United States were first organized in the early nineteenth century. The main purpose of a trade union is to collectively bargain with employers for wages, hours, and working conditions. Until the 1930s trade unions were at a severe disadvantage with management, mainly because few laws recognized the right of workers to organize. With the passage of the National Labor Relations Act, the right of employees to form, join, or aid labor unions was recognized by the federal government.

Trade unions are entitled to conduct a strike against employers. A strike is usually the last resort of a trade union, but when negotiations have reached an impasse, a strike may be the only bargaining tool left for employees.

There are two principal types of trade unions: craft unions and industrial unions. Craft unions are composed of workers performing a specific trade, such as electricians, carpenters, plumbers, or printers. Industrial union workers include all workers in a specific industry, no matter what their trade, such as automobile or steel workers. In the United States, craft and industrial unions were represented by different national labor organizations until 1955. The craft unions that dominated the american federation of labor (AFL) opposed organizing industrial workers.[41] Decision Collective bargaining is a process of negotiating an agreement regarding the terms and conditions of employment through a system of shared responsibility and making between labor and management.

 Where there is only one trade union in an establishment, that trade union shall, is deemed to be collective bargaining agent for such for such establishment. Where there are more trade unions than one in an establishment, the Director of Labour shall, upon an application made in this behalf by any such trade union or by the employer, hold a secret ballot, within a period of not more than one hundred and twenty days from the date of receipt of such application, to determine as to which one of such trade unions shall be the collective bargaining agent for the establishment. Upon receipt of an application under sub-section (2) the director of Labour shall, by notice in writing call upon every trade union in the establishment to which the application relates to indicate, within such time, not exceeding fifteen days, as may be specified in the notice, whether it desires to be a contestant in the secret ballot to be held for determining the collective bargaining agent in relation to the establishment. If a trade union fails to indicate, within the time specified in the notice, its desire to be a contestant in the secret ballot, it shall be presumed that it shall not be a contestant in such ballot. If no trade union indicates, within the time specified in the notice, its desire to be a contestant in the secret ballot, the trade union which has made the application shall be declared to be the collective bargaining agent in relation to the establishment concerned, provided it has as its

Members not less than one-third of the total number of workers employed in the abolishment.

Every employer shall on being so required by the Director of labour, submit to him a list of all workers employed in the establishment for not less than a period of three months in the

Establishment excluding those who are casual or badly workers, and the list shall contain the

following particulars; namely:  on being so required Director of Labour, every employer shall submit to the Director of Labour requisite number of additional copies of the list of workers mentioned in sub-section (6) and shall provide such facilities for verification of the list submitted by him. On receipt of the list of workers from the employer, the director of Labour shall send a copy of the list to each of the contesting trade unions and shall also affix a coy there of in a conspicuous part of his office and another copy of the list in a conspicuous part of the establishment concerned, together with a notice inviting objections, if any, to be submitted to him within such time as may be specified by him. The objections, if any, received by the director of Labour within the specified time shall be disposed of by him after necessary enquiry. The Director of labour shall make such amendments, alterations or modifications in the list of workers submitted by the employer as may be required by any decision given by him on objections under sub-section (9).  After amendments, alteration of modification, if any, made under sub-section (10), or where no objections are received by the director of Labour within the specified time the director of Labour shall prepare a list of worker employed in the establishment concerned duly certified and send

Copies thereof to the employer and such of the contesting trade unions at least seven days prior to the date fixed for poll. The list of workers prepared and certified under sub-section (11), shall be deemed to be the list of voters, and every worker whose name appears in that list shall be entitled to vote in the poll to determine the collective bargaining agent.

Every employer shall provide all such facilities in his establishment as may be required by the director of labour for the conduct of the poll but shall not interfere with, or in any way influence the voting. No person shall canvas for vote within a radius of forty-five meters of the polling stations. For the purpose of holding secret ballot to determine the collective bargaining agent, the Director of Labour shall-(a) fix the date for the poll and intimate the same to each of the contesting trade unions and also to every employer;(b) on the date fixed for the poll to place in the polling station set up for the purpose the ballot boxes which shall be sealed in the presence of the representatives of the contesting trade unions as to receive the ballot papers. (c) Conduct the poll at the polling stations at which the representatives of the contesting trade unions shall have the right to be present; (d) After the conclusion of the poll and in the presence of such of the representatives of the contesting trade unions as may be present, open the ballot boxes and count the votes; and (e) After the conclusion of the count, declare the trade union which has received the highest number of votes to be the collective bargaining agent; Provided that no trade union shall be declared to be the collective bargaining agent for an establishment unless the number of bots received by it is not less than one third of the total number of workers employed in such establishment.  Where a registered trade union has been declared under sub-section (14) (e) to be the collective bargaining agent for an establishment, it shall be such collective bargaining agent for a period of two years and no application for the determination of the collective bargaining agent for such establishment shall be entertained within a period of two years from the date of such declaration : provided that, in the case of a group of establishments, the trade union declared to be the collective bargaining agent therefore shall be such collective bargaining agent for three years.

Notwithstanding anything contained in sub-section (16), where a registered trade union

desires to be the collective bargaining agent for an establishment after the expiry of the terms of an existing collective bargaining agent or where an existing Collective bargaining agent desires to continue as such for the next term, it may make an application to the director of Labour, not earlier than one hundred and fifty days and not later than one hundred and twenty days immediately before the expiry of the term of the existing collective bargaining agent, to hold a secret ballot to determine the next collective bargaining agent for the establishment.

Where an application under sub-section (17) is made, a secret ballot to determine the next

Collective bargaining agent shall be held within one hundred and twenty days from the receipt of such application, but the trade union declared to be the next collective bargaining agent shall be the collective bargaining agent from the date of expiry of the term of the existing collective bargaining agent.  Where after an application made under sub-section (17) a collective bargaining agent has not been determined for reasons beyond the control of the director of Labour before the expiry of the term of the existing collective bargaining agent, the existing collective bargaining agent shall continue to function as such till a new collective bargaining agent is determined.  Where no application is made under sub-section (17), the director of Labour day, after the expiry of the term of the existing collective bargaining agent, recognize such collective bargaining agent or any registered trade union to act as collective bargaining agent for the establishment unless a registered trade union is deemed to be a collective bargaining agent for the establishment under sub-section (1) or until a collective bargaining agent is determined by secret ballot under the foregoing provisions of this section, as the case may by.  Any dispute arising out of any matter in relation to an election for determination of collective bargaining agent shall be referred to the Labour court, and the decision of the Labour court thereon shall be final.  If in any election for determination of collective bargaining agent any contesting trade union receives less than ten percent of the total votes cast, the registration of the trade union shall stand canceled.  A collective bargaining agent may, without prejudice to its own position, impaled as a party to any preceding under this chapter to which it is itself a party any federation of trade unions of

Which it is a member?  The collective bargaining agent in relation to an establishment shall be entitled to- (a) undertake collective bargaining with the employer on matters connected with the employment, non-employment, non-employment, the term of employment or the

conditions of work; (b) represent all or any of the workers in any proceedings; (c) give notice of, and declare, a strike in accordance with the provisions of this chapter; and (d) nominate representatives of workers on the board of trustees of any welfare institutions or provident funds, and of the workers participation fund established under chapter XV, (e) to conduct cases on behalf of any individual worker or group of workers.  The provisions of this section shall mutatis-mutandis apply to the election or determination of collective bargaining agent in group of establishments under this Act. Notwithstanding anything contained in this chapter, a federation of trade unions shall be deemed to be the collective bargaining agent in any establishment or group of establishments, if its federated unions by resolutions passed in their annual general meetings or in general meetings specially convened for the purpose, by the votes of not less than the majority of the total membership of the union concerned authorize it to act as the collective bargaining agent on their behalf. Provided that no such authorization shall be permissible unless the constitutions of the federation and also of the federated unions provided for such authorization .Federation of trade unions shall act as the collective bargaining agent only in the establishments or group of establishments in which its federated unions are collective bargaining agent. Nothing in this section shall be applicable in case of federation of trade unions formed on national basis under section 200(5).[42]

 Labour Court

 For the purposes of this Act, the Government shall, by notification in the official Gazette,

Establish as many labour courts as it considers necessary. Where more than one labour court is established under sub-section (1), the Government shall specify in the notification the territorial limits within which each one of them shall exercise jurisdiction under this act.

A labour court shall consist of a chairman and two members to advise him, but in case of trial of any offence or in disposal of any matter under chapter X and XII it shall be constituted with the chairman only. The chairman of the labour court shall be appointed by the Government from amongst the District judges or an additional district judges.  The terms and conditions of appointment of the chairman of the labour court shall be determined by the Government. One of the two members of the labour court shall be the representative of employers and the other shall be the representatives of the workers and they shall be appointed in the manner hereinafter provided in sub-section (9). The Government shall constitute, in the manner prescribed by rules, by notification in the official Gazette, two panels, one of which shall consist of six representatives of employers and the other of six representatives of the workers. The panel of members prepared under sub-section 99 shall be reconstituted after every two years, notwithstanding the expiry of the said period of two years, the members shall continue on the panels till the new panels are constituted and notified in the official Gazette. The chairman of the labour court shall, for hearing or disposal of a case relating to a specific industrial dispute, select one person from each of the two panels constituted under sub-section (7), and persons so selected, together with the chairman, shall be deemed to have constituted the labour court in respect of that specific industrial dispute: provided that the chairman may select any member from either of the panels as a member of the labour court in respect of more than one such case pending before the labour court. A labour court shall have exclusive jurisdiction to (a) adjudicate and determine and industrial dispute or any other dispute or any question which may be or has been referred to or brought before it under this Act’s) enquire into and adjudicate any matter relating to the implementation or violation of a settlement which is referred to it by the government;

(c) try offences under this Act; and (d) exercise and perform such other powers and functions as are or may be conferred upon or assigned to it by or under this act or any other law

 If any member of the Labour court is absent at the time of its constitution or is absent at the

time of its constitution or absent from or is absent at the time of its constitution or absent from or is otherwise unable to attend, any sitting of the court, whether at the beginning of the hearing of a case or during the continuance of the hearing thereof, the proceedings of the court may begin or continue, as me case may be, in his absence and the decision or award of the court may be given in the absence of such member ; and no act, proceeding decision or award of the court shall be invalid or be called in question merely on the ground of such absence or on the ground of any vacancy in, or any defect in the constitution of, the labour court. Provided that if any member informs the chairman beforehand of his absence, the chairman shall nominate another member from the panel of the concerned parties:

Provided further that the opinions of the members of both the sides shall be mentioned in the Judgment. The provisions of chapter XXXV of the code of criminal procedure, 1898 shall apply to a labour court shall be deemed to be a civil court.  All labour courts shall be subordinate to the Tribunal.[43]

Any collective bargaining agent or any employer or worker may apply to the labour court for the enforcement of any right guaranteed or sauced to it or him by or under this act or any award or settlement.[44]

 Subject to the provisions of this act, a labour court shall, while trying an offence follow as nearly as possible summary procedure as prescribed under the code of criminal procedure.

 A labour court shall, for the purpose of trying an offence under this Act, have the same power as the vested in the court of a magistrate of the first class under the code of criminal procedure. Notwithstanding anything contained in sub-section (2), for the purpose of imposing penalty a labour court shall have the same powers as are vested in a court of session under that code of criminal procedure? A labour court shall, while trying an offence hear the case without the members.[45]

Labour court shall for the purpose of adjudicating and determining any matter or issue or dispute under this act be deemed to be a civil court and shall have the same powers as are vested in such court under the code of civil procedure, including the powers of enforcing the attendance of any person, examining him on oath and taking evidence; compelling the production of documents and material objects; issuing commissions for the examination of witnesses or documents; delivering ex-part decision in the event of failure of any party to appear before the court; setting aside ex-prate decision;  setting aside order of dismissal made for non-appearance of any party. in order to save the frustration of purpose of the case property the labour court may pass interim order upon any party. Subject to this act, no court-fee shall be payable for filing, exhibiting or recording any document in, or obtaining any document from a labour court, A labour curt shall, by notice to be served through process server or special messenger or by registered post or by both the modes, ask the opposite party to file written objection or written statement, if any, within a period not exceeding ten days from the date of filing of the case. The court may, for reasons to be recorded in writing, extend the time for filing objection or written statement for a period not exceeding seven days in all; if any party fails to file any written statement or objection within the time specified in the notice or the extended time the case shall be heard and disposed of exporter. The labour court shall not grant adjournment of the hearing of a case on the prayer of any party for more than seven days in all:Provided that, if both the parties file application for adjournment, n adjournment for not more than ten days in all may be allowed. If the party filing the case is absent on the date of hearing, the case shall be dismissed for default provided that the court shall have jurisdiction to set aside the order of dismissal if any application is made by the petitioner within three months from the date of such order of dismissal of the case. If the opposite party is absent on the date of hearing, the case shall be heard and disposed of

exporter. A case which is dismissed for default, shall not bar the filing of a fresh case on the same cause of action, provided such case is filed if not otherwise barred, within a period of three months from the date of dismissal. A Labour court may, on an application filed by all the parties to a case, and after giving a hearing to them, allow the withdrawal of the case at any stage of the proceedings thereof, if it is satisfied that the dispute has been amicably resolved. An award or decision or judgment of a labour court shall be given in writing and delivered in open court, and a copy thereof shall be given to each party.

 Labour Appellate Tribunal

 For the purpose of this act there shall be a labour appellate tribunal which shall consist of a chairman, and if the government so deems fit, such number of other members as the government may appoint from time to time. The chairman and the members, if any, of the tribunal shall be appointed by the government by notification in the official gazette on such. Terms and conditions as the Government may determine. The chairman of the tribunal shall be a person who is or was a judge or an additional judge of the supreme court, and a member of the tribunal shall be a person who is or was a judge or an additional judge of the supreme court or who is or was a District judge for not less than three years. If the chairman is absent or unable to discharge his functions for any reason, the senior member of the tribunal, if any, shall perform the functions o the chairman. Where members are appointed in the tribunal, the chairman may for the efficient performance of the functions of the tribunal, constitute as many benches of the tribunal, consisting of one or more members of the tribunal, including himself where necessary, as he may deem fit. An appeal or any matter before the tribunal may be heard and disposed of by the tribunal sitting in full bench or by any bench there of  Subject to this act, the tribunal shall follow as nearly as possible such procedure as are prescribed under the code of civil procedure, for hearing of appeal by an appellate court from original decrees. If the members of a bench differ in opinion as to the decision to be given on any point the matter shall be decided according to the opinion of the majority, if any; and if the members are equally divided, they shall state the point on which they differ and the case shall be referred by them to the chairman for hearing on such point by the chairman

himself if he is not a member of the bench, or by one or more of the other members of the tribunal and such point shall be decided according to the opinion of the chairman or member or majority of the members hearing the point, as the case may be. Where a bench includes the chairman of the tribunal as one o its members and there is a different of opinion among the members and the members are equally divided, the decision of the chairman shall prevail and the decision of the bench shall be expressed in terms of the chairman. The ribunal may, on appeal, confirm, set aside, very or modify the award, decision or sentence or remand a case to the labour court for re-hearing; and shall, save otherwise provided, exercise all the powers conferred by this act on the labour court. The decision of the tribunal shall be delivered, within a period of sixty days following the fling of the appeal: The tribunal shall have authority to punish for contempt’s of its authority, or that of any labour court, as if it were a high court division of the Supreme Court. Any person convicted and sentenced by the tribunal under sub-section (12) to imprisonment for any period, or to pay a fine exceeding two exceeding two hundred taka, may prefer an appeal to the high court division. The tribunal may, on its own motion or on the application of a party, transfer any application or

Proceeding from a labour court to any other labour court. The tribunal shall have superintendence and control over all labor courts[46].

 Subject to this act, any party aggrieved by an award, decision, sentence or judgment given or passed by a labour court may prefer an appeal to the labour Appellate tribunal within sixty days of the delivery there of and the decision of the Tribunal in such appeal shall be final.[47]

An application to a labour court and an appeal to the tribunal may be made in such form as may be prescribed, and shall contain, in addition to any particulars which may be prescribed, the following particulars, namely: the names and addresses of the parties. a concise statement of the circumstances in which the application is made or appeal is preferred and the relief claimed; the provision of the law under which the application or appeal is made and the relief prayed for ; in the case of a delay in making the application or appeal, the reason for such delay and the provision of law under which condition of delay is prayed for; in a case under chapter X, a statement showing separately the basic wages and dearness allowance or ad-hoc or interim pay, if any, payable to the claimant per month and other sums payable as part of wages; in the case of a claim under chapter XII for compensation against an employer, the date of service of notice of the accident on the employer and, if such notice has not been served or has not been served in time, the reason for such omission; except in the case of an application by dependents for compensation under chapter XII,in any case there under a concise statement of the matters on which agreement has and of those on which agreement has not been arrived at; the date on which cause of action has arisen ; and a statement showing the labour court has jurisdiction to entertain the application.[48]

Any appearance, filing of application or any act required to be made or done by any person before or to a labour court or the tribunal, other than an appearance of a party which is required for the purpose of his examination as a witness may be made or done on behalf such person by any person authorized in writing or by a lawyer. Provided that such representative or lawyer shall not be a representative of the concerned court.[49]

All costs, incidental to any proceedings or appeal before a labour court or the tribunal, shall, subject to this act or any rules be awardable in the discretion of the labour court or the tribunal.[50]

A settlement arrived at in the course of a conciliation proceeding or an award of an arbitrator or an award, decision or judgment of labour court or the award, decision or judgment of the tribunal shall be binding on all parties to the dispute on all other parties summoned to appear in any proceedings before a labour court as parties to the dispute, unless the court specifically otherwise directs in respect of any such party; on the heirs, successors or assigns of the employer in respect of the establishment to which the dispute relates where an employer is one of the parties to the dispute; and where a collective bargaining agent is one of the parties to the dispute, on all workers who were employed in the establishment to which the dispute relates on the date on which the dispute first arose or who are employed therein after that date.

A settlement arrived at by agreement between the employer and a trade union otherwise than in the course of conciliation proceeding shall be binding on the parties to the agreement.[51]

An award of labour court shall, unless an appeal against it is preferred to the tribunal, become effective on such date and remain effective for such period, not exceeding two years, as may be specified therein. Arbitrator, labour court or the Tribunal, as the case may be, shall, fix the date from which different demands mentioned in the award shall be effective and the dates by which each of the demands enforced. If at any time before the expiry of the period mentioned in sub-section (4) or (5) any party bound by an award applies to the labour court which made the award for reduction of the said period on the ground they the circumstances in which the award was made have materially changed, the Labour court may by order made after giving to the other party an opportunity of being heard, terminate the said period on a date specified in the order. A decision of the tribunal in appeal in respect of the award shall be effective from the date of the award. Notwithstanding the expiry of the period for which an award is to be effective under sub-section (4) or (5), the award shall continue to be binding on the parties until the expiry of two months from the date on which either party informs the other party in writing of its intention no longer to be bound by the award. Notwithstanding anything contained in this section, no industrial dispute or proceedings in respect thereof shall be raised or commenced before the expiry of one year from the date on which a memorandum of settlement is signed by the parties or the date of expiry of the period of settlement or aware, whichever is later.[52]

 A conciliation proceeding shall be deemed to have commenced on the date on which a request for conciliation is received by the conciliator under section 210(4). A conciliation proceeding shall be deemed to have included, where a settlement is arrived, on the date on which a memorandum of settlement is signed by the parties to the dispute; Where no settlement is arrived at, a conciliation proceeding shall be deemed to have concluded if the dispute is referred to an arbitrator under section 210 (12), on the date on which the arbitrator has given his award; and if the dispute is not referred to an arbitrator, on the date on which the conciliator issues the certificate of failure of conciliation proceeding. Proceedings before a labour court shall be deemed to have commenced on the date on which any dispute or matter or issue is referred to the labour court. Proceedings before a labour court shall be deemed to have concluded on the date on which the award or decision or judgment is delivered.[53]

Conclusion

In this chapter I discussed various organization like Collective Bargaining Agent (CBA) and Tribunals Ana Trade Union of companies, I also discussed about Labor Court and Labour Appellate Tribunals and the Trials proceeding of the Labor Court and Labour Appellate Tribunals.

Rights of Garment Workers

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