INDUSTRIAL DISPUTE METHODS

Methods of Dispute Settlement

Bipartite Negotiation

Conciliation

Arbitration

Strike
Bipartite Negotiation Method
Must be completed
Employer & within 30 days of
Starts the process
Collective first meeting/
(within 15 days)
Bargaining Agent further extension
(rare)

Memorandum of If settlement of
Successful
settlement dispute failed

request for
conciliation within
15 days from date of
failure
Things to remember
Conciliation
Tripartite negotiation
Conciliator are appointed by government
through official gazette

Compulsory in Bangladesh before restoring

industrial action

Conciliator cannot impose a solution

 Conciliation
Assisted Collective Bargaining

Conciliator calls Conciliator

If settlement
meeting within suggests
arrived
10 days solution

Conciliator If no settlement
Memorandum
refers dispute arrived within
of settlement
to arbitrator 30 days
Weakness of Conciliation in Bangladesh

Facts Reasons
o Employers direct connection
with appointed conciliator/
ruling party

Statistical Data 1990-2004: 48.06% cases o Bribery

of conciliation failed
oIncompetence and poor
A weak form of dispute settlement accountability of conciliator
oPartiality of conciliator

o Absence of mutual respect and

patience

o Unreasonable charter of
demands by CBA
 Arbitration

Agreement of Arbitrator gives

both Arbitration his/her award
parties starts within 30 days
of referred
dispute date

Refer Joint written

dispute to request to the
an Arbitrator
agreed forwards a
arbitrator arbitrator copy to
Both parties
Government
Key note on Arbitration
Arbitration is a voluntary process

If the parties do not agree to refer the dispute to an Arbitrator...

Conciliator shall, within three days of the failure of the
conciliation proceedings, give a certificate thereof to the parties
(210. 11 Labour Code, 2006)

An arbitrator could be a person from government panel or any

other person agreed upon by parties (210.10 Labour Code, 2006)

The award of arbitrator is final and no change or appeal will be

granted.
Right to Strike

Bipartite Negotiation failed

Unsuccessful Conciliation

Denial of Arbitration

Strike
Legal framework of Strike in Bangladesh

Notice of Strike
Strike Commences

Strike
Membership
exceeds 30
Requirement:
days:
Two third
Prohibited
Legal
Compliance
Legal restrictions on
Strike

During conciliation
No strike notice

By order/ writing
Government may lasting more than 30 days
Even before expiry of 30 days
prohibit strike (Sec 210.2)

Govt. can prohibit strike even before/ after its

Strike in Public commencement
By order/writing
Utility Service On ground of national interest
( Sec 210.4)

strike in foreign Prohibited for three years from the date of

its production
establishment
Key note on Strike
Any strike will be considered an illegal strike if it does
not follow all the mentioned procedures.

Punishment of an illegal strike includes imprisonment

extendable up to one year with or without fine.
Brainstorming session
Think about the following situation:

If no dispute settlement arrived through negotiation/

conciliation
other parties agree not to refer the dispute to arbitrator
Workers go on strike and it is about to exceed 30 days
The dispute is not settled yet

what can the collective bargaining agent(CBA) do in this

context?
Labour Court
Any party can apply to the Labour Court for judicial decision of the
matter (Sec 213)
The labour court gives award within sixty days following the date of
filing the case.
Labour court gives award/ judgement in writing and forwards
copies to both parties.
Any party can appeal to the Labour Appellate Tribunal within sixty
days
The decision of the Labour Appellate Tribunal is final.
In-class discussion
Industrial dispute settlement is not the
ultimate solution to bring harmony in IR
system, rather prevention of industrial dispute
should be prioritised.
How to prevent industrial dispute in
Bangladesh?
Compulsory Study materials
Bangladesh Labour Code 2006: Section 209-
213 (a must reading)
 CHAPTER XIV
SETTLEMENT OF DIPUTES, LABOUR COURT, LABOUR
APPELLATE TRIBUNAL, LEGAL PROCEEDINGS, ETC.

209. Raising of industrial disputes : No industrial dispute shall be deemed to exist,

unless it has
been raised in accordance with this chapter by a collective bargaining agent or an
employer.

210. Settlement of industrial disputes : (1) If, at any time an employer or a collective
bargaining agent finds that an industrial dispute is likely to arise between the employer
and workers or any of the workers, the employer, or, as the case may be, the collective
bargaining agent shall communicate his or its views in writing to the other party.

(2) Within fifteen days of the receipt of a communication under sub-section (1), the party
receiving it shall, in consultation with the representatives of the other party, arrange a
meeting for collective bargaining on the issue raised in the communication with a view to
reaching an agreement thereon, and such meeting may be held with the representatives
of the parties authorized
in this behalf.