CBA

DEFINITION OF COLLECTIVE BARGAINING AGENT As per section 2(52) in the definition chapter of the Bangladesh Labour Law 2006, Collective bargaining agent means a workers trade union or a trade union federation which, under chapter 13, is the agent of the workers in the establishment, or group of establishments, for collective bargaining matters. DETDERMINATION OF CBA 202. Collective bargaining agent. - (1) Where there is only one registered trade union in an establishment that trade union shall be deemed to be the collective bargaining agent for such establishment. 2) Where there are more registered 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 within one hundred twenty days to determine as to which one of such unions shall be the collective bargaining agent for the establishment. 3) Upon receipt of an application under sub-section (2), the Director of Labour shall, by notice in writing, call upon every registered trade union in the establishment to which the application relates to indicate, within the time specified in the notice, which, shall not be more than fifteen days, whether it desires to be contestant in the secret ballot to be held. 4) If a trade union fails to indicate the Director of Labor, within the time specified in' the notice given under sub-section (3), its desire to be a contestant in the secret ballot, it shall be presumed that it shall not be a contestant in secret ballot. 5) If no trade union informs the Director of Labour anything, within the time specified in the notice, as to its desire to be a contestant in the secret ballot, the trade union applying under subsection (2) shall be declared to be the collective bargaining agent for the establishment, provided it has as its members not less than one- third of the total number of workers employed in the establishment. 6) Every Every employer shall on being so required by the Director of Labour, send to the Director of Labour a list of all workers employed in the establishment excluding those whose period of employment in the establishment is less than three months or who are casual or badli workers, and the list shall contain the following particulars, namely: 1) the name of every worker, 2) the name and age of his parent, (where applicable the name of husband/wife shall also be, given) 3) the name of his section or department. 4) the name of the place in which he is employed, 5) his ticket number and the date of his employment.

7) Every employer shall, on being so required by the Director of Labour, submit required number of additional copies of the list referred to in sub-section (6) and shall provide necessary facilities verification of the list submitted. 8) 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 copy thereof 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 in it. 9) Director of Labour on receipt of objections, if any, within the specified time shall be dispose them of after such enquiry as he deems necessary. 10) The Director of Labour shall make such amendments or alterations in the list of workers submitted by the employer as may be required by any decision given by him under sub-section (9). 11. After amendments or alterations, if any, made under subsection (10), or where no objections are received by the Director of labour with in the specified time, he shall prepare a list of workers employed in the establishment concerned and send copies thereof, after, certifying, properly, to the employer and each of the contesting trade unions at least even days prior to the date fixed for the poll. 12. The list of workers prepared and certified under sub-section (11) shall he deemed to be the list of voters, and every worker whose name appears on that list shall be entitled to vote in the polls to determine the collective bargaining agent. 13. Every employer shall, on being so required by the Director of Labour, provide all necessary facilities for the conduct of the poll but shall not interfere with or in any in anyway, influence the voting. 14. No person shall canvas for vote within a radius of forty-five yards of the polling stations. 15. For the purpose of holding secret ballot to determine the collective bargaining agent, the Director of Labour shall*fix the date for the poll and intimate the same to each to the contesting trade unions and also to, every employer; *on the date fixed for the poll place in the polling station, ballot boxes which shall be scaled in the presence of the representatives of the contesting trade unions, if any; *conduct the poll at the polling stations at which the representatives of the contesting trade unions shall he allowed to be present *alter 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 *after the conclusion of the count, declare the trade union which has received the highest number of votes to be the collective bargaining agent: 16) Provided that no trade union shall be declared to be the collective bargaining agent for an establishment unless the number of votes received by it is not less than one-third of the total number of workers employed in such establishment.

FUNCTIONS OF CBA An elected collective bargaining agent of an establishment performs following functions & activities according to section 202 (24) of The Bangladesh Labor Act 2006: The collective bargaining agent in relation to an establishment shall be entitled to: undertake collective bargaining with the employer on matters connected with employment, non-employment, the terms of employment or the conditions of work; represent all or any of the workers in any proceedings; give notice of, and declare, a strike in accordance with the provisions of this Chapter; 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; an to conduct cases on behalf of any individual worker or group of workers.