The garments sector are very important and essential person for our country. They work very hard and soul everyday from morning to evening. Bangladesh Government should take any action rights of garments workers. The major finding of the study garments working in Bangladesh. Bangladesh garments sector is very major for us. Bangladesh garments sector earning around $5 billion dollar annually.
Rights of Garments workers in Bangladesh
The garment industry is by far the country’s most important manufacturer, earning around $5 billion annually and accounting for about two thirds of all exports. Bangladesh has about 2,500 garment factories with up to 10 million livelihoods dependent on it directly or indirectly. About 80 per cent of garment workers are women. The Ready Made Garments sector has more potential than any other sector to contribute to the reduction of poverty. Despite the phenomenal success of the RMG sector the working conditions and wages of workers in the industry are cause for serious concern. Bangladesh’s current position as a leading garments exporting nation needs to be consolidated. The economy-wide reverberations of failure would be disastrous. We believe it is in everybody’s interest to sustain this industry – an industry which changed the lives of so many people, particularly women, in Bangladesh. The problems in the industry pre-date the riots which took place just over a month ago and which were attended by deaths, injuries and the destruction of property. Over the years, hazardous working conditions have resulted in the deaths of many workers through factory fires and collapses. The Spectrum Factory building collapse of April 2005 killed 64 people, injured over 70 and left hundreds jobless. In February 2006 a fire destroyed the four-story KTS Textile Industries in Bangladesh’s port city of Chittagong again killing scores of mostly young and female workers. Workers, who are mostly young women, also face an acutely difficult working environment – wages are low, hours are long, forced labour is practiced, child labour exists, sexual harassment exists, freedom is curtailed, whether it be locked doors or rights of association, and there are a multititude of other practices which go against international labour standards and codes of conduct . At the level of legislation and business dealings, lack of implementation of laws, restrictive laws and unfair buying practices by buyers compound the issue of non-compliance. Above this aspect my research paper I discuss various problems of the garments worker, their life style, the concept of rights of garments workers and various reasons violation of rights of garments workers.
Statement of the problem:
The Garment industry is the most important source of foreign currency. Bangladesh has about 2,500 garment factories and 10 million people are dependent one it directly or indirectly an about 80 percent garment workers are woman. The garments sector has become an important institution for reduction of poverty. But the workers face many problems during working time and outside. The main problems faced by garments worker are:-
- Lower wages.
- No leisure time.
- Torture [physically and mentally]
- Negative outlook to them of the society.
Objectives of Research:
The research has the following objectives:-
- To clarify the concept of rights Garment workers.
- To examine the legal reasons for the protection of rights of garment workers.
- To evaluate the measure for enforcement of rights of garment workers.
The present study explores the challenges of rights of garment workers in Bangladesh. It is exploratory in nature based on a qualitative approach. The study also uses context analysis and survey methods for collecting data and information.
Sources and Materials:
Those data and information collected from primary and secondary source. Primary sources are:-
Convention, constitutional law, garment related people, the labor court etc. and secondary sources are books, journals, articles, newspapers, internet and so on.
Importance of the Research:-
This research will clarify the rights of the garment workers and will provide the legal remedies for violation for their rights. I believe that, this research will be very helpful for the readers and the garment workers. They will be able to know about their rights remedies and process of enforcement of their rights The defines of any study will be helpful for the legislative to repave the legislating to garment workers.
The concept of The Rights of Garment Workers.
This chapter is mainly discussed about the concept of rights of garment workers in Bangladesh. In this research we must know some concepts which are given bellow:
Definition of Garment workers
Sewing is the craft of fastening or attaching objects using stitches made with needle and thread. Sewing is one of the oldest of the textile arts, arising in the Paleolithic Era. There are many definitions of garment workers as are-
A person who makes garments is called garment workers. Someone whose occupation is making or repairing fur garments products is called garment workers. Someone says that the persons who makes or mends dresses in the factory or garment industry is called garment workers. In another sense, someone who does work as sewing or embroidery with a needle someone who sells men’s clothes a garment maker who performs the finishing steps person whose occupation is making and altering garments someone who does work as sewing or embroidery with a needle.
Rights of the Garment workers in Bangladesh:
Following rights of the Garments workers are given bellow-
Right to Wages
Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing, medical care, necessary social services, and the right to security.” Wages and benefits are one of the primary interests an employee may have, and unfortunately, disputes over the payment of wages and provision of benefits are not uncommon. There is a wide range of laws concerning wages and benefits, and this section provides information on employees’ legal rights on those issues including tips on overtime pay, employee health insurance, and retirement plans. All employees are entitled to be paid for the work they have done. They are also entitled to be paid if they are ready and willing to work but their employer has not provided them with any work to do, unless your employment contract says otherwise. If you’re an employee, you’re entitled to be paid if you can’t work because you are off sick or away from work on maternity leave, paternity leave or adoption leave, or parental leave. You are also allowed a certain number of days paid holiday a year. In most of these situations, you are entitled to your usual wage whilst off work. There are some exceptions to these rules. For example, parents on maternity leave, paternity or adoption leave, or parental leave, are entitled to a certain amount of paid leave but the law sets out the rate at which this must be paid and it may not be as much as their usual wage. If you are employee on sick pay, your contract may give you less pay than your normal pay. By law, most employees are entitled to the legal minimum statutory sick pay. Your contract may give you more pay than this.
You may be entitled to unpaid time off work in other circumstances, for example, in a family emergency or on jury service. Any amount of wages on top of the national minimum given by law, or the amount of wages for workers who are not covered by the national minimum wage, depends on the worker’s individual contract of employment. Employers must not discriminate in the amount that they pay their workers, for example, by paying black workers less than white workers who are doing the same job, or by paying women less than men when they are doing work of equal value. This is known as ‘equal pay’. Workers in the UK aged 16 or over are legally entitled to a national minimum hourly wage. It does not matter where they work, the size of the firm or the worker’s occupation. This includes casual laborers, agency workers, and home workers, workers on short-term contracts and workers employed by subcontractors.
Right to leaves and Holidays
Most workers have the right to take a minimum amount of paid holiday. This is called statutory holiday. You have the right to take statutory paid holiday from work if you are a worker. This includes people who work full-time, part-time, agency workers and casual workers. Only people who are self-employed and a few other exceptions will not be entitled to statutory paid holiday. The rules about statutory holiday apply regardless of how long you have worked for your employer and regardless of how old you are. However, you don’t have the right to statutory holiday if you’re a child under school leaving age. Before 1 April 2009, your right to paid holiday from work was 4.8 weeks. Your leave year may have started before 1 April 2009 and carries on after 1 April 2009. If so, your annual leave will be worked out on a pro-rata basis 4.8 weeks pro rata for the period before 1 April 2009 and 5.6 weeks pro rata for the period from 1 April 2009. Your contract of employment may give you the right to take more than the statutory amount of paid holiday. However, it cannot give you less. If your contract gives you the right to take more than the statutory amount of paid holiday, this is called contractual holiday. The law doesn’t say how much contractual holiday you should get, or whether or not it should be paid, how much paid holiday can take?
You are entitled to a minimum of 5.6 weeks’ holiday a year. This is called statutory holiday. To work out how many days holiday you can take a year, you need to multiply 5.6 by the number of days you work in a week.
if you work a five-day week, you are entitled to 28 days’ paid holiday a year (5.6 X 5).if you work 2.5 days a week, you are entitled to 14 days’ paid holiday a year (5.6 X 2.5).
The maximum amount of statutory paid holiday you can be entitled to is 28 days. This applies even if you work more than five days a week. Your contract of employment may give you the right to take more than the statutory amount of paid holiday. However, it cannot give you less. For example, if your contract of employment says you can only take 10 days’ paid holiday a year and you work five days a week, you will still be entitled to take 28 days’ paid holiday. If your normal working week is expressed in hours, your statutory leave may be expressed in hours too. Before 1 April 2009, you were entitled to 4.8 weeks paid holiday a year. If your leave year includes time before 1 April 2009, your annual leave will be worked out on a pro-rata basis 4.8 weeks pro rata for the period before 1 April 2009 and 5.6 weeks pro rata for the period from 1 April 2009.
What is a leave year?
A leave year is a one year period in which you get your year’s worth of leave. Your employer will usually agree the start and end of the leave year with you. Some leave years start on 1 January and finish on 31 December. Others start on 6 April and finish on 5 April the following year. If you and your employer have not agreed when the leave year should start and finish, the leave year will start on:-
1 October, if you started work with your employer on or before 1 October 1998. Each leave year after this will start on the following 1 October; or
The date you started work for your employer, if you started work after 1 October 1998 (23 November. Each leave year after this will start on the anniversary of the date on which you started work.
If you start work partway through your leave year, the amount of leave you get depends on how much of the leave year you have worked. For example, if you start work in April in a company where the leave year starts on 1 October, you have started half way through the leave year. You will therefore get half the annual paid leave for that year. There are special rules if you are in your first year of employment.
If you are an employee you are entitled to a written statement of your terms and conditions of employment as long as you have worked for your employer for one month. You are an employee if you have a contract of employment. Many employers do not give their employees a written statement of the main terms and conditions of the job even though the law says they have to. If your employer does not give you the written statement within two months of the date on which you started work, they will be breaking the law. The written statement must contain information on your right to holidays, including public holidays and holiday pay. Your employer must give you enough information to work out your entitlement to holidays and holiday pay, and your right to any holiday pay you may have built up when you leave your job.
If you have not got an agreement with your employer about how much notice you have to give before you can take holiday the following rules apply:
Your employer can make you take all or any of your holiday at a particular time, as long as they give you notice. This notice must be at least twice as long as the holiday they want you to take. For example, if your employer wants to have a Christmas shutdown for one week, they have to give you notice of the date the holiday is to start at least two weeks before it starts.
Your employer can refuse to let you take holiday. To do this they must give you notice equal to the holiday you want to take. So if you have asked to take two weeks’ holiday and have told your employer four weeks before the date you want your holiday to start, your employer must tell you two weeks before your holiday is due to start that you cannot take the holiday. For more information about raising a grievance, in England, Wales and Scotland see Sorting out problems at work and in Northern Ireland, see Dealing with grievances, dismissal and disciplinary action at work. If your employer refuses to let you to take holiday, you should seek advice from an experienced adviser, for example, a Citizens Advice Bureau. You should contact a CAB as soon as possible, as there is a time limit for making claims to employment tribunals. If you have given your employer the right notice of holiday, you are generally entitled to take it. However, under certain kinds of agreement between you and your employer, they can refuse your request for holiday. They can also refuse your request for holiday if they have given you the proper notice of their refusal. However, if your employer has not given you proper notice of refusal but still refuses to let you go on holiday, you can claim compensation at an employment tribunal. You should raise a formal grievance with your employer first.
Right to Welfare
Work just isn’t working for too many in America today. The government agencies charged with protecting workers’ health and safety have abandoned scores of regulatory priorities and scaled back enforcement efforts, leaving millions of workers under-protected. Millions of people work without such basic rights as paid sick days. Too many who try to organize in order to negotiate improved working conditions in their workplaces end up fired or find their efforts undermined by anti-organizing campaigns. Those whose rights are violated sometimes discover they lack meaningful remedies, as they either must depend on government agencies that may not respond to their problems or face obstacles to exercising their right to take their cases to court.
The Foundation’s Workers’ Rights Program supports groups seeking policy and system reforms to improve the lives of low-wage working people, with a focus on securing their basic legal rights to safe, healthy, and fair conditions at work. Specifically, the Program makes grants to groups seeking reforms that will do the following:
Make Work Safe and Healthy– by preventing illness, injury, and death on the job, and improving workers’ compensation;
Make Work Pay– by empowering workers to hold low-road employers accountable for wage theft, misclassification, and contingent work abuse, particularly through policies that create or improve private rights of action and fee shifting; and Build Workers’ Advocacy Power by improving the ability of low-wage workers to act collectively for policy and system reform.
Additionally, the Program supports investigative journalism, national broadcast news coverage, and other high-profile media and public education about workers’ rights issues.
This is available to those who have paid a specific number of social insurance contributions, i.e. PRSI. The different payments usually have the term ‘benefit’ in the title. If you are an EEA national, social security contributions paid in EU countries including new accession states can be used for benefit claims. You can collect special forms from your country before leaving, which will make it easier to make claims in Ireland. If you are a non – EEA national you must have a valid immigration status in order to be eligible for a social welfare payment. If you are an employment permit holder and you terminated your employment involuntarily you may be eligible for contribution based payments if you have paid sufficient PRSI contributions.
Habitual residence is a condition which you must satisfy in order to qualify for some social welfare assistance payments. It was introduced on 1st May 2004 and affects all applicants regardless of nationality. To demonstrate that you are ‘habitually resident’ in Ireland, you must you have a proven close link to Ireland or other parts of the Common Travel area. The Common Travel area is Ireland, Great Britain, the Channel Islands and the Isle of Man.
There are 5 factors that are considered:
- Your residence in Ireland or the Common Travel area
- Your reasons for leaving Ireland or the Common Travel area
- Your employment record in Ireland and abroad
- Your main centre of interest
- Your future intention to remain in Ireland
If you are a non – EEA national you must have a valid immigration status in order to be eligible for a social assistance payment. If you are an employment permit holder and become unemployed and you don’t have enough PRSI contributions, you will have to pass the Habitual Residence Condition in order to qualify for a social assistance payment. You will receive the payment as long as your immigration status is still valid. If you do not satisfy the Habitual Residence Condi Social Welfare Appeal If you disagree with the decision of the Deciding Officer of the Social Welfare Services concerning your entitlements, you have the right to appeal to the Social Welfare Appeals Office. The Appeals Office operates independently of the Department and is responsible for determining appeals against decisions on social welfare statutory entitlements. It also deals with appeals by persons dissatisfied with certain decisions made by Health Boards in relation to Supplementary Welfare Allowance. Homeless services for migrant workers are dependent on their immigration status. Therefore a range of options, albeit limited, are open to people. For more information on this contact MRCI or the organization listed below.
If you are homeless you should contact your local authority or call the free phone number 1800 724 for advice and information on accessing emergency accommodation. For more information on different homeless services in Dublin see Cross care Map of Homeless Services.
Right to Compensation
The purpose of this background paper is to lay out the fundamental principles and guideposts of the right to compensation for injuries under general international law. In effect, it is intended as an exegesis of the phrase “principles of international law or equity”1 in paragraph 11 of UN General Assembly Resolution 194 (III), adopted December 11, 1948, upon which Palestinian claims for refugee compensation are often based:
and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible.
Such an analysis is necessary, in part, because General Assembly resolutions are not binding in and of themselves. While most GA resolutions are mere recommendations made pursuant to Article 10 of the UN Charter, in certain circumstances they can be considered persuasive restatements of existing law or can, if repeated over time, “achieve the effect of such binding force through the acceleration of the custom generating process or through the doctrine of estoppels.”
While the specific jurisprudence pertaining to the compensation of refugees per se is touched on only in passing, the paper will discuss the law of state responsibility the pre-requisite for compensation and the standards for determining when compensation is owed. It will then briefly survey recent developments outside of the trade, commerce and investment context, including the European and Inter-American Courts of Human Rights and a number of other non-commercial compensation contexts. A short glossary of relevant terms is also appended.
The purpose of this paper is not to systematically “apply” these principles and guidelines to the specific case of Palestinian refugees. That will be left for discussion during the workshop. Note too that the bulk of international case law on compensation, derived from such sources as the Iran-US Claims Tribunal, the UN Compensation Commission and earlier arbitrations, is dissimilar to the situation of Palestinian refugees in a number of respects. Most cases typically concern transnational corporate investment property, negotiated commercial contracts such as oil concessions, or the breach of bilateral commerce treaties rather than general humanitarian or human rights law, and it involves foreign nationals of existing states, in contrast to the predominantly residential and agricultural property of families and communities with such an uncertain legal status as the Palestinians of 1948. Nevertheless, the general law of compensation provides a set of standards which can be used as a framework for a negotiated resolution of the Palestinian compensation question.
Claims for relief under international law always begin with the law of state responsibility, which is considered to consist of the “secondary rules” that determine the legal consequences of failure to fulfill substantive legal obligations, which are considered the “primary rules. According to the International Law Commission (ILC)’s 1996 Draft Rules on State Responsibility, every act by a state which is wrongful under some “primary” rule of international law imposes international responsibility on that state. Wrongful acts occur when an injury is a) caused by conduct consisting of an action or omission which is attributable to the State under international law; and b) that conduct constitutes a breach of an international obligation of the State. It does not matter whether the “primary” international obligation is found in customary law or treaty; nor does it matter whether the same act is considered lawful by the state’s own internal law. However, a breach only occurs “if the act was performed at the time when the obligation was in force for that State.”
A state that has committed such an internationally wrongful act is obligated to a) discontinue the act and restore the situation to the status quo ante; b) apply remedies provided under its internal law and to pay appropriate compensation if restoration of the pre-existing status is impossible; and c) provide guarantees that the act will not recur.5 A state to which a claim is made must negotiate in good faith to resolve it. “Failure of a state to respond in good faith to a request for negotiation may itself constitute a breach of an international obligation.”6 Wrongfulness is not precluded if the international obligation arises out of a peremptory norm of general international law; or the obligation is created by a treaty which excludes the state of necessity defense; or the state in question “has contributed to the occurrence of the state of necessity.”11 The next section of this paper discusses the remedies that are available for violations of international law. See the appendix to this paper for a glossary of compensation-related terms.
It has long been a general and undisputed principle of international law, going back to Blackstone as well as Grotius that where there is a legal right, there is also a legal remedy or action at law whenever that right is invaded. This is the flipside of the principle that states have the obligation to make restitution for their wrongful acts and violations of international law. Resolving issues over the nature or extent of the reparation to be made for the breach of an international obligation is, in fact, one of the functions of the International Court of Justice (ICJ). “Ordinarily, emphasis is on forms of redress that will undo the effect of the violation.”
In the landmark 1928 Chorzow Factory Case involving Polish expropriation of German-owned industrial property inside Poland, the Permanent Court of International Justice stated: Reparation must, as far as possible, wipe out all the consequences of the illegal act and reestablish the situation which would, in all probability, have existed if that act had not been committed.” The Court then ruled that this can be accomplished through restitution in kind, or if that is not possible, through just compensation, meaning “payment of a sum corresponding to the value which a restitution in kind would bear,” and “the award, if need be, of damages for loss sustained which would not be recovered by restitution in kind or payment in place of it,” such as lost profits.
Until about 1974, this general standard, codified in 1938 as the “Hull Formula,” which called for “prompt, adequate and effective compensation,” predominated. In the 1970’s, the “Calvo doctrine,” under which non-industrialized states sought to immunize themselves against alien property claims, recognizing only “appropriate” compensation, was supported by the UN General Assembly in its Charter of Economic Rights and Duties of States. Since the end of the Cold War, the Hull formula is more or less back in favor.14 However, the ILC’s 1996 Draft Rules on State Responsibility provide three conditions in which either full monetary reparations or restitution in kind might be limited: 1) where reparation would “result in depriving the population of a State of its own means of subsistence”; 2) where in-kind restitution would involve “a burden out of all proportion to the benefit which the injuring State would gain from obtaining restitution in kind instead of compensation”; and 3) where in-kind restitution would “seriously jeopardize the political independence or economic stability of the State which has committed the wrongful act, whereas the injured State would not be similarly affected if it did not obtain restitution in kind.” The ILC recognized in its own official Commentary to these provisions that they were controversial, involved admittedly extreme cases, and had been rejected by some ILC members. Nevertheless, these exceptional provisions have “nothing to do with the obligation of cessation, including the return to the injured State, for example, of territory wrongfully seized.”
The remainder of this paper briefly surveys some further avenues of research into specific cases of compensation which may make useful models for a Palestinian-Israeli settlement.
Right to Leisure and recreation
Recreation is an activity of leisure, leisure being discretionary time. The “need to do something for recreation” is an essential element of human biology and psychology. Recreational activities are often done for enjoyment, amusement, or pleasure and are considered to be “fun”. The term recreation implies participation to be healthy refreshing mind and body.
The term recreation appears to have been used in English first in the late 14th century, first in the sense of “refreshment or curing of a sick person”, and derived from Old French, in turn from Latin.
Humans spend their time in activities of daily living, work, sleep, social duties, and leisure, the latter time being free from prior commitments to physiologic or social needs, a prerequisite of recreation. Leisure has increased with increased longevity and, for many, with decreased hours spent for physical and economic survival, yet others argue that time pressure has increased for modern people, as they are committed to too many tasks. Other factors that account for an increased role of recreation are affluence, population trends, and increased commercialization of recreational offerings. While one perception is that leisure is just “spare time”, time not consumed by the necessities of living, another holds that leisure is a force that allows individuals to consider and reflect on the values and realities that are missed in the activities of daily life, thus being an essential element of personal development and civilization. This direction of thought has even been extended to the view that leisure is the purpose of work, and a reward in itself and “leisure life” reflects the values and character of a nation. Leisure is considered a human right under the Universal Declaration of Human Rights. Recreation is difficult to separate from the general concept of play which is usually the term for children’s recreational activity. Children may playfully imitate activities that reflect the realities of adult life. It has been proposed that play or recreational activities are outlets of or expression of excess energy, channeling it into socially acceptable activities that fulfill individual as well as societal needs, without need for compulsion, and providing satisfaction and pleasure for the participant. A traditional view holds that work is supported by recreation, recreation being useful to “recharge the battery” so that work performance is improved. Work, an activity generally performed out of economic necessity and useful for society and organized within the economic framework, however can also be pleasurable and may be self-imposed thus blurring the distinction to recreation. Many activities may be work for one person and recreation for another, or, at an individual level, over time recreational activity may become work, and vice-versa. Thus, for a musician, playing an instrument may be at one time a profession, and at another a recreation there is a lot more to do. Recreation is an essential part of human life and finds many different forms which are shaped naturally by individual interests but also by the surrounding social construction. Recreational activities can be communal or solitary, active or passive, outdoors or indoors, healthy or harmful, and useful for society or detrimental. A list of typical activities could be almost endless including most human activities, a few examples being reading, playing or listening to music, watching movies or TV, gardening, hunting, hobbies, sports, studies, and travel. Not all recreational activities can be considered wise, healthy, or socially acceptable or useful—examples are gambling, drinking, or delinquent activities. Recreational drugs are being used to enhance the recreational experience, a wide-ranging and controversial subject as some drugs are accepted or tolerated by society within limits, others not and declared illegal. Public space such as parks and beaches are essential venues for many recreational activities. Tourism has recognized that many visitors are specifically attracted by recreational offerings. In support of recreational activities government has taken an important role in their creation, maintenance, and organization, and whole industries have developed merchandise or services. Recreation-related business is an important factor in the economy; it has been estimated that the outdoor recreation sector alone contributes $730 billion annually to the U.S. economy and generates 6.5 million jobs. Many recreational activities are organized, typically by public institutions, voluntary group-work agencies, private groups supported by membership fees, and commercial enterprises. Examples of each of these are the National Park Service the YMCA the Kiwanis, and Disney World. Recreation has many health benefits, and, accordingly, recreational therapy has been developed to take advantage of this effect. Such therapy is applied in rehabilitation and in the care of the elderly, the disabled, or people with chronic diseases. Recreational physical activity is important to reduce obesity, and the risk of osteoporosis and of cancer, most significantly in men that of colon and prostate and in women that of the breast; however, not all malignancies are reduced as outdoor recreation has been linked to a higher risk of melanoma. Extreme adventure recreation naturally carries its own hazards. A recreation expected to meet the recreational needs of a community or assigned interest group. Educational institutions offer courses that lead to a degree as a bachelor of arts in recreation management. People with such degrees often work in parks and recreation centers in towns, on community projects and activities. Networking with instructors, budgeting and evaluation of continuing programs are common job duties. In the United States, most states have a professional organization for continue education and certification in recreation management. The National Recreation and Park Association administer a certification program called the CPRP Certified Park and Recreation Professional that is considered a national standard for professional recreation specialist practices.
Right to medical facilities
INADEQUATE medical facilities and data may mar the efforts of the Taraba State government to curtail the outbreak of meningitis in the state. Seventy-eight cases of meningitis have been reported to the Taraba State Ministry of Health and five deaths recorded as at Wednesday. However, only one case has been medically confirmed to be meningitis in the 10 out of 16 local governments of the state. Speaking in his office in Jalingo, the state capital on the killer disease, Dr. Ebenezer Apaku, Director of Primary Health Care and Disease Control, said most of the cases involve people living in the remote areas of the state without access to adequate medical facilities. “The airborne disease usually occurs all year round but during the dry or hot season, the prevalence is high. The level of surveillance is also high.“We also need to confirm the strain of the bacteria. This is important to give the right vaccination. If you give the wrong vaccine, you will not be helping the patients. But from the isolated cases we are having, it has not reached the threshold of epidemic now,” he said. Apercu disclosed that it is the policy of the Federal Ministry of Health with the advice from the World Health Organization (WHO) that once the threshold of epidemic for meningitis has not been reached; there is no need to vaccinate the affected community. But he did not say at what point the threshold will be reached. The Medical Director of Zing General Hospital, Emmanuel Scheme corroborated the fact that meningitis is usually on the prowl in the state during the hot season.“So far, we have one unconfirmed case of meningitis in the hospital. We have taken the cerebrospinal fluid of the patient for laboratory test in Jalingo.“I don’t determine the turnaround time. But the effect of the delay is that we may not be able to confirm the actual cause of illness before the patient is discharged,” he said. He called on the government to expedite action to ensure early results of tests of patients suspected to have meningitis. “Also for record purposes, it is better to have early results from the laboratory. Although it can affect anybody, children under the ages of 15 are most vulnerable. One of the major challenges for patients is inability to buy drugs,” he said.
Right to participation in trade union
The trade unions have always been denied any effective role in the garment sector and so have little influence over the workforce or abilities as mediator’s relations. But every worker along with the garment has a fundamental right to form and participate in trade union. When disturbances reach a certain peak new promises are made to allow trade union activity, but as unrest subsides most factory bosses maintain their refusal to concede to allowing union representation. One of the most important functions of the trade unions is to promote and train factory managers from among the workers and the masses of the working people generally. At the present time we have scores of such factory managers who are quite satisfactory, and hundreds who are more or less satisfactory, but very soon; however, we must have hundreds of the former and thousands of the latter. The trade unions must much more carefully and regularly than hitherto keep a systematic register of all workers and peasants capable of holding posts of this kind, and thoroughly, efficiently and from every aspect verify the progress they make in learning the art of management. The trade unions must take a far greater part in the activities of all the planning bodies of the proletarian state, in drawing up economic plans and also programmers of production and expenditure of stocks of material supplies for the workers, in selecting the factories that are to continue to receive state supplies, to be leased, or to be given out as concessions, etc. The trade unions should undertake no direct functions of controlling production in private and leased enterprises, but participate in the regulation of private capitalist production exclusively by sharing in the activities of the competent state bodies. In addition to participating in all cultural and educational activities and in production propaganda, the trade unions must also, on an increasing scale, enlist the working class and the masses of the working people generally for all branches of the work of building up the state economy; they must make them familiar with all aspects of economic life and with all details of industrial operations from the procurement of raw materials to the marketing of the product; give them a more and more concrete understanding of the single state plan of socialist economy and the worker’s and peasant’s practical interest in its implementation. The drawing up of scales of wages and supplies, etc., is one of the essential functions of the trade unions in the building of socialism and in their participation in the management of industry. In particular, disciplinary courts should steadily improve labour discipline and proper ways of promoting it and achieving increased productivity; but they must not interfere with the functions of the People’s Courts in general or with the functions of factory managements. This list of the major functions of the trade unions in the work of building up socialist economy should, of course, be drawn up in greater detail by the competent trade union and government bodies. Taking into account the experience of the enormous work accomplished by the unions in organizing the economy and its management, and also the mistakes which have caused no little harm and which resulted from direct, unqualified, incompetent and irresponsible interference in administrative matters, it is most important, in order to restore the economy and strengthen the Soviet system, deliberately and resolutely to start persevering practical activities calculated to extend over a long period of years and designed to give the workers and all working people generally practical training in the art of managing the economy of the whole country. Contact with the masses, i. e., with the overwhelming majority of the workers (and eventually of all the working people), is the most important and most fundamental condition for the success of all trade union activity. In all the trade union organizations and their machinery, from bottom up, there should be instituted, and tested in practice over a period of many years, a system of responsible comrades who must not all be Communists who should live right among the workers, study their lives in every detail, and be able unerringly, on any question, and at any time, to judge the mood, the real aspirations, needs and thoughts of the masses. They must be able without a shadow of false idealization to define the degree of their class-consciousness and the extent to which they are influenced by various prejudices and survivals of the past; and they must be able to win the boundless confidence of the masses by comradeship and concern for their needs. One of the greatest and most serious dangers that confront the numerically small Communist Party which, as the vanguard of the working class, is guiding a vast country in the process of transition to socialism, is isolation from the masses, the danger that the vanguard may run too far ahead and fail to “straighten out the line”, fail to maintain firm contact with the whole army of labor, i. e., with the overwhelming majority of workers and peasants. Just as the very best factory, with the very best motors and first-class machines, will be forced to remain idle if the transmission belts from the motors to the machines are damaged, so our work of socialist construction must meet with inevitable disaster if the trade unions—the transmission belts from the Communist Party to the masses—are badly fitted or function badly. It is not sufficient to explain, to reiterate and corroborate this truth; it must be backed up organizationally by the whole structure of the trade unions and by their everyday activities.
Right to safety in the workplace
Employees have the right to a workplace that is reasonably free of safety and health hazards. A federal agency the Occupational Safety and Health Administration (OSHA) typically sets and enforces standards to ensure the safety and health of America’s workers. Choose a link from the list below for information and tips on workplace health and Workers’ right to workplace health and safety appear as standards in workplace health and safety laws. These laws are known as “regulations”. It is illegal for an employer not to follow a regulation. A regulation contains the minimum protection an employer must give a worker against dangers to the worker’s good health and safety. The minimum protection is defined as a standard. When an employer doesn’t set the workplace’s health and safety standards as high as the standards found in regulations, then the regulations need to be properly enforced. Government inspectors play an important role in the enforcement of regulations by ensuring that employers are meeting the legal standards.
Right to remedies under laws
Bangladesh employs 3.4 million garment workers in 4,200 ready-made-garments (RMG) factories that produce US$12.59 billion in export earnings, representing 78% of the country’s total. Contributing nine percent of the gross domestic product, the industry is directly or indirectly responsible for the employment of 24 million people. The minimum wage is $43/month or about $10/week. This equals 20 cents an hour, the lowest wage, by far, of any major garment producing country. Studies show that this wage fails to cover the cost of the minimum nutritional needs of even a single worker, let alone her family. The Bangladesh Center for Worker Solidarity was borne out of a worker movement to form the first trade union in a factory sourcing for a garment retailer. Since the early 1990s, the BCWS has had a long tradition of advancing workers’ rights by documenting labor abuses and violations and strengthening the capacity of workers to advocate for themselves and advance their own interests. BCWS is highly regarded by labor rights advocates world-wide and by apparel companies as well. Levi Strauss & Co. has called BCWS “a globally respected labor rights organization, which has played a vital role in documenting and working to remedy labor violations in the apparel industry in Bangladesh.” The project has been successful in providing women workers with a better/solid understanding of their rights and the legal protections that they can invoke to defend them. It has also been successful in educating women workers about codes of conduct which they previously had no knowledge of. Women now have the confidence to ask factory management about their codes of conduct, to question the failure to implement their commitments and to negotiate with management to defend their rights. To do this, trained female workers have taken the initiative to organize their respective factory workers and to form female led unions . Many women who hadn’t had the chance to attend the leadership training programs were able to benefit from BCWS reading and educational materials and the organization’s broader awareness raising campaigns. Among 14 factories, 4 became ready for union registration. This is a truly remarkable victory, especially given the current political situation in Bangladesh which has served to further limit the ability of workers to defend their rights.
This chapter is mainly discussed about some concept of definition of garments workers, rights of the garments workers in Bangladesh, rights to wages, rights to leave and holidays and all rights of garments workers.
Legal Regime for the protection of Rights of Garment workers
This is an important chapter of my research .In this chapter I discussed about Constitutional value of the Bangladesh garments workers, how the rights of the garments workers are protected under various laws.
Protection of the rights of the garment workers under Constitution
The rights of the workers have been given and also protected by the Constitution of Bangladesh. It shall be a fundamental responsibility of the State to emancipate the toiling masses the peasants and workers and backward sections of the people from all forms of exploitation. That the garment workers can be saved to their rights by this provision. Though this is not enforceable by the court, no one can violate this right. The State shall Endeavour to ensure equality of opportunity to all citizens. The State shall adopt effective measures to remove social and economic inequality between man and man and to ensure the equitable distribution of wealth among citizens, and of opportunities in order to attain a uniform level of economic development throughout the Republic. The State Shall Endeavour to ensure equality of opportunity and participation of women in all spheres of national life. Work is a right, a duty and a matter of honour for every citizen who is capable of working and everyone shall be paid for his work on the basis of the principle “from each according to his abilities, to each according to his work”. The State shall Endeavour to create conditions in which, as a general principle, persons shall not be able to enjoy unearned incomes, and in which human labour in every form, intellectual and physical, shall become a fuller expression of creative Endeavour and of the human personality. All citizens are equal before law and are entitled to equal protection of law in every place. Here shall be equality of opportunity for all citizens in respect of employment or office in the service of the Republic. No citizen shall, on grounds only of religion, race, caste, sex or place of birth, be ineligible for, or discriminated against in respect of, any employment or office in the service of the Republic. Nothing in this article shall prevent the State from making special provision in favors of any backward section of citizens for the purpose of securing their adequate representation in the service of the Republic; giving effect to any law which makes provision for reserving appointments relating to any religious or denominational institution to persons of that religion or denomination; reserving for members of one sex any class of employment or office on the ground that it is considered by its nature to be unsuited to members of the opposite sex. All forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. Every citizen possessing such qualifications, if any, as may be prescribed by law in relation to his profession, occupation, trade or business shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business. If those rights are violated the worker can go to The High Court Division for enforcement these rights.
Protection of the rights of the garment workers under Labor Act 2006
Where the employment of a worker has been ceased due to a retirement, discharge, retrenchment, dismissal and termination etc. all amounts due to him shall be paid within maximum thirty working days by the employer. Every worker other than a casual or badly worker shall be entitled to a certificate of service from his employer at the time of his retrenchment, discharge dismissal, removal, retirement or termination of service. Any worker, including a worker who has been laid-off, retrenched, discharged, dismissed, removed, or otherwise removed from employment, who has grievance in respect of any matter covered under this chapter, and intends to seek redress thereof under this section, shall submit his grievance to his employer, in writing, by registered post within thirty days of being informed of the cause of such grievance. Provided that if the employer acknowledges receipt of the grievance, in that case the service by registered post shall not be essential. The employer shall within fifteen days of receipt of such grievance, enquire into the matter, give the worker an opportunity of being heard and communicate his decision, in writing to him. If the employer fails to give a decision under sub-section or if the worker is dissatisfied with such decision, he may make a complain in writing to the Labour court within thirty days from the last date under sub-section or within thirty days from the date of the decision, as the case may be. The Labour court shall, on receipt of the complaint hear the parties after giving notice to them and make such orders as it may deem just and proper The Labour court, may amongst other relief, direct reinstatement of the complainant in service, either with or without back wages and convert the order of dismissal, removal or discharge to any other Lesser punishment specified in section 23(2). Any person aggrieved by an order of the Labour court, may, within thirty days of the order, prefer an appeal to the tribunal, and the decision of the Tribunal on such appeal shall be final. No court-fees shall be payable for lodging complaint or appeal under this section. No complaint under this section shall amount to prosecution under this Act Notwithstanding anything contained in this section, no complaint shall lie against an order of termination of employment of a worker under section 26, unless such order is alleged to have been made for his trade union activities or passed motivated or unless the worker concerned has been done. No child shall be employed or permitted to work in any occupation or establishment. No adolescent shall be employed or permitted to work in any occupation or establishment unless-(a) a certificate of fitness in the prescribed form and granted to him by a registered medical practitioner is in the custody of the employer ; and (b) he carries , while at work, a token giving a reference to such certificate. Nothing in this sub-section shall apply to the employment of any adolescent in any occupation or establishment either as an apprentice or the purpose or receiving vocational training therein: The Government may, where it is of opinion that an emergency has arisen and the public interest so requires, by notification in the official Gazette, declare that the provisions of this sub-section shall not be in operation for such period as may be specified in the notification. No adolescent shall be allowed in any establishment to clean, lubricate of adjust any part of machinery while that part is in motion or to work between moving parts, of any machinery which is in motion. No adolescent shall be required or allowed to work in any factory or mine, for more than five hours in any day and thirty hours in any week .No adolescent shall be required or allowed to work in any other establishment, for more than seven hours in any day and forty-two hours in any week. No adolescent shall be required or allowed to work in any establishment between the hours of 7.00 P.M and 7.00 a.m. If an adolescent works overtime, the total number of hours worked, including overtime shall not exceed- (a) in any factory or mine, thirty six hours in any week; (b) in any other establishment, forty eight hours in any week. The period of work of an adolescent employed in an establishment shall be limited to two shifts which shall not overlap or spread over more than seven and a half hours each. An adolescent shall be employed in only one of the relays which shall not, except with the previous permission in writing of the Inspector, be changed more frequently than once in a period of thirty days The provisions of weekly holiday shall apply also to adolescent workers, and no exemption from the provisions of that section shall be granted in respect of any adolescent. No adolescent shall be required or allowed to work in more than one establishment in any day. No employer shall knowingly employ a woman in his establishment during the eight weeks immediately following the day of her delivery. No woman shall work in any establishment during the eight weeks immediately following the day of her delivery. No employer shall employ any woman for doing any work which is of an arduous nature or which involves long hours of standing or which is likely to adversely affect her health; if he has reason to believe or if she has informed him that she is likely to be delivered of a child within ten weeks; she has to the knowledge of the employer been delivered of a child within the preceding ten weeks: Provided that in case of tea plantation worker, a woman worker can undertake light work if and for so long as the medical practitioner of the concerned tea estate certifies that she is physically fit to do so ; and, for the days that she does such work, she shall be paid at the prevailing rate of pay for such work, and such pay shall be paid to her in addition to the maternity benefit which she may be entitled to receive under existing this Act. Any pregnant woman entitled to maternity benefit under this act may, on any day, give notice either orally or in writing to her employer that she expects to be confined within eight weeks next following and may therein nominate a person for purposes of receiving payment of maternity benefit in case of her death. Any woman, who has not given such notice and has been delivered of a child, shall within seven days, give similar notice to her employer that she has given birth to a child. When a notice referred to in sub-section (1) or (2) is received, the employer shall permit the women to absent her from work from the day following the date of notice in the case mentioned in sub-section (1); form the day of delivery in the case mentioned in sub-section (2) until eight weeks after the day of delivery. An employer shall pay maternity benefit to a woman entitled thereto in such one of the following ways as the woman desire, namely : (a) for eight weeks, within three working days of the production of a certificate signed by registered medical practitioner stating that the woman is expected to be confined within eight weeks of the date of the certificate, and for the remainder of the period for which she is entitled to maternity benefit under this act within three working days of the production of proof that she has given birth to a child; or (b) for the said period up to and including the day of delivery, within three working days of the production of proof that she has given birth to a child, and for the remainder of the said period, within eight weeks of the production of such proof; or (c) for the whole of the said period, within three working days of the production of proof that she has given birth to a child: Provided that a woman shall not be entitled to any maternity benefit or any part thereof, the payment of which is dependent upon the production of proof under this sub-section that she has given birth to a child, unless such proof is produced within three month s of the day of her delivery. The proof required to be produced under sub-section (4) shall be either a certified extract from a birth register under the births and deaths registration act, 2004 or a certificate signed by a registered medical practitioner or such other proof as may be accepted by the employer. Effective and suitable provisions shall be made in every establishment for securing and maintaining in every work-room adequate ventilation by the circulation of fresh air; such temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health the walls and roofs, as required by sub-section (2), shall be of such material and so designed that such temperature shall not be exceeded but kept as low as act cable where the nature of the work carried on in the establishment involves, or is likely to involve, the production of excessively high temperature, such adequate measures as are practicable, shall be taken to protect the workers there from by separating the process which produces such temperature from the work-room by insulation the hot parts or by other effective means. If it appears to the government that in any establishment or class or description of establishments excessively high temperature can be reduced by such methods as white-washing, spraying or insulating and screening outside walls or roofs or windows or by raising the level of the roof, or by insulating the roof either by an air space and double roof or by the use of insulating roof materials, or by other methods, it may prescribe such of those or those or other methods to be adopted in the establishment. In every part of an establishment where workers are working or passing, there shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both. In every establishment all glazed windows and skylights used for the lighting of the work-room shall be kept clean on both the outer and inner surfaces and free from obstruction as far as possible. In every establishment effective provisions shall, so far as in practicable, be made for the prevention of(a) glare either directly from any surface of light or by reflection from or polished surface, and (b) the formation of shadows to such an extent as to cause eye strain or risk of accident to any worker. In every establishment effective arrangement shall be made to provide and maintain at a suitable point conveniently situated for all workers employed therein, a sufficient apply of wholesome drinking water. All such points where water is supplied shall be legibly marked ‘Drinking water’ in Bangla. In every establishment wherein two hundred fifty or more workers are ordinarily employed, provision shall be made for cooling the drinking water during the hot weather by effective means and for distribution thereof. Where dehydration occurs in the body of workers due to work near machineries creation excessive heat, there workers shall be provided with oral re-hydration therapy. In every establishment- (a) sufficient latrines and urinals of prescribed types shall be provided conveniently situated and Accessible to workers at all times while they are in the establishment. (b) Such latrines and urinals shall be provided separately for male and female workers; (c) such latrines and urinals shall be adequately lighted and ventilated; (d) all such latrines and urinals shall be maintained in a clean and sanitary condition at all times with suitable detergents and disinfectants. In every establishment there shall be provided, at convenient places, sufficient number of dust beans and spittoons which shall be maintained in a clean and hygienic condition. No person shall throw any dirt or spit within the premises of an establishment except in the dust beans and spittoons provided for the purpose. A notice containing this provision and the penalty for its violation shall be prominently displayed at suitable places in the premises. The Government may, in respect of any manufacturing process carried on in any establishment, by rules, require that effective screens of suitable goggles shall be provided for the protection of persons employed on, or in the immediate vicinity of a process which involves- (a) risk of injury to the eyes from particles or fragments thrown off in the course of the process, or (b) risk to the eyes by reason of exposure to excessive light or heat. When any accident occurs in an establishment causing loss of life or bodily injury, or when an accidental explosion, ignition, outbreak of fire or irruption, outbreak of fire or irruption of water or fumes occurs in an establishment, the employer of the establishment shall give notice of the occurrence to the Inspector within two working days. Where an accident mentioned causes bodily injury resulting in the compulsory absence from work of the person injured for a period exceeding forty eight hours it shall be entered in a register in the prescribed from. A copy of the entries in the register referred to in sub-section shall be sent by the employer of the establishment, within fifteen days after the 30th day of june and the 31st day of December in each year, to the chief Inspector. Where in an establishment, any dangerous occurrence of such nature as may be prescribed, occurs, whether causing any bodily injury or not, the employer of the establishment shall send notice thereof the Inspector within three working days. there shall, in every establishment be provided and maintained, so as to be readily accessible during all working hours first-aid boxes or cupboards equipped with the contents prescribed by rules. The number of such boxes or cupboards shall not be less than one for every one hundred fifty workers ordinarily employed in the establishment. Every first-aid box or cupboard shall be kept in charge of a responsible person who is trained in first-aid treatment and who shall always be available during the working hours of the establishment. A notice shall be affixed in every work-room stating the name of person in charge of the first and box or cupboard provided in respect of that room and such person shall wear a badge so as to facilitate identification. In every establishment wherein three hundred or more workers are ordinarily employed, there shall be provided and maintained a sick room with dispensary of the prescribed size, containing the prescribed equipment or similar facilities, in the charge of such medical and nursing staff as may be prescribed. In every establishment, wherein forty or more workers are ordinarily employed, thee shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women. Such rooms shall provide adequate accommodation, adequately lighted and ventilated and maintained in a clean and sanitary condition and shall be under the charge of woman trained or experienced in the care of children and infants. Such rooms shall be conveniently accessible to the mothers o the children accommodated therein and so far as is reasonably practicable they shall not be situated in close proximity to an part of the establishment where obnoxious fumes, dust or odors are given off or in which excessively noisy processes are carried on. Such rooms shall be solidly constructed and all the walls and roof shall be of suitable heat resisting materials and shall be water-proof. The height of such rooms shall not be less than 360cm from the floor to the lowest part of the roof and there shall be not less than 600sq. cm of floor area for each child to be accommodated. Effective and suitable provisions shall be made in every part of such room for scuring and maintaining adequate ventilation by the circulation of fresh air. Such rooms shall be adequately furnished and equipped and in particular there shall be one suitable cot or cradle with necessary bedding for each child, at least one chair or equivalent seating accommodation for the use of each mother while she is feeding or attending to her child and a sufficient supply of suitable toys for the older children. A suitable fenced and shady open air ply-ground shall be provided for the older children; Provided that the chief Inspector may, by order in writing, exempt any establishment from compliance with this sub-rule if he is satisfied that there is not sufficient space available for the provision of such a playground. No adult worker shall ordinarily be required or allowed to work in an establishment for more than forty-eight hours in any week. Subject to the provisions of section 108, an adult worker may work for more than forty-eight hours in a week: Provided that the total hours of work of an adult worker shall not exceed sixty hours in any week and on the average fifty-six hours per week in any year:
Provided further that in the case of a worker employed in an establishment which is a road transport service, the total hours or overtime work in any year shall not exceed one hundred and fifty hours. Provided further that the government, if satisfied that in public interest or in the interest of economic development such exemption or relaxation is necessary, in certain industries, by order in writing under specific terms and conditions, may relax the provision of this section or exempt, for a maximum period of six months, from the provision of this section at a time. An establishment in the private sector may constitute for the benefits of its worker a provident fund. Such provident fund shall be constituted in such manner as may be prescribed by rules made by the establishment in this behalf under section 3. Notwithstanding anything contained in sub-section 920, the Government may make rules for constitution of provident funds for workers employed in establishments in private sector, and where such rules are made each establishment to which the rules apply, shall comply with the requirements of such rules. Such provident fund shall b e held and administered b y a board of trustees. Such board of trustees shall consist of an equal number of representatives of the employer and workers employed in the establishment, and a person nominated by the government shall be its chairman. The representatives of the employer shall be nominated by the employer, and the representative of the workers shall be nominated by the collective bargaining agent. Where there is no collective bargaining agent in an establishment, the representatives of the worker shall be elected by the workers under the supervision of the director of labour. All the representatives shall hold office for a period of two years. provided that they shall continue to hold office until their successors enter upon office. Every permanent worker shall, after the completion of hsi one year of service in the establishment constituting the provident fund, subscribe to the fund, every month, a sum, unless otherwise mutually agreed, not less than seven per cent and not more than eight per cent of his monthly basic wages. and the employer shall contribute to it an equal amount.
There are lots of laws for the protection of rights of garments workers in Bangladesh. But it not enforcement in proper way, in my research I try to analysis it with very carefully.
The measures for enforcement of Rights of Garment workers
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. 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).
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 la. 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This is the last chapter of my research and I found lots of information about rights of garments workers in Bangladesh. In the last of my research I write down how we can protect the garments workers rights and what can our government do for protecting the rights of garments workers in Bangladesh.
Major Finding of the Study
The major finding of the study I try to write about rights of garments working in Bangladesh. That is varying important for me as a law student. I also learn about the life style, salary system, trade uion, rights etc of the garments workers. I also learn about the definition of garment worker, various rights of the garments workers and other important term which is related with this topic. I also find this topic about varios trade unions, collective bargaining agent (CBA) and various international organizations which are help to the garments workers. Also discuss how the Labour Court and Labour Appellate Tribunal work. Finally I try to give the overall discussion about the rights of garments workers in Bangladesh. In respect of Bangladesh situation we know about the garments workers law in Bangladesh and application such laws. Finally observation of all above matters we can take to solve, protection and prevention of rights of garments workers in Bangladesh.
Lastly, I discussion about the rights of garments workers in Bangladesh. Where the rights of garments workers are violated in our country. The garments workers are very important and essential person for our society. They work hard and soul everyday from morning to evening. So our Government should take any action so that the rights of garments workers are not violated.