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PROF PROF
MD MONIRUZZAMAN
MD
BHUIYAN,
MONIRUZZAMAN
BHUIYAN,
Assistant
Professor,
1. MANIKA DHAR
Roll: 17/2012
Assistant
University
of Chittagong.
Professor,
University of
Chittagong.
2. FARHANA ZAMAN
Roll: 13CH019
HR Executive
Jumairah Holdings Limited
3. MEETRA CHOWDURY
Roll: 13CH006
Deputy Manager HR & Compliance.
KDS Accessories
4. RUMANA RASHID
Roll: 13CH013
Executive
Aspect Ratio Creative Communication
Preface
This is the term paper for PGDHRM course as a partial fulfillment of the
course. The aim of this study is to determine the gap between theoretical
principles and practical implication of unfair labour Practice in
selected organization of Chittagong . At the end of the course, we
though that it would be useful to make a (comparative) study on unfair
labour practice practicing in the industries. Accordingly we have
proposed our opinion to our guide, who has cordially accepted our idea.
Thus I titled the study as AN ASSESMENT OF THE LABOU PRACTICE (A case
study on AKPen)
The subject of our studies is vast. The study represents the analysis of
the perception, observation and the information collected through
questionnaires covering the present labour practice. The respondents
were operators / workers. Special attention was given in this regards, to
make the result of the research effective.
The study also highlight in what direction actions are needed for creating
conditions congenial for sincere and whole-hearted co-operation of the
operators people for increased productivity.
KDS ACCESSORIES
4. RUMANA RASHID
ASSISTANT PROFESSOR
ROLL NO 13CH013
UNIVERSITY OF CHITTAGONG
EXECUTIVE
ASPECT RATIO CREATIVE
COMMUNICATION
Table of Contents
Letter of submissions
Letter of Authorization
Preface
Acknowledgement
Chapter -I
8
Importance of the study
Objectives
Scope and benefits of the study
Methodology of the study
Chapter -II
13
Introduction
Company profile of AKPen
Concept of fairness
5
Chapter III
.... 17
Back ground of labour practice
Any employment relationship has three stages
Unfair conduct of an employer during the course of
employment
Types of unfair practice
Some example
Unfair labour practice on the part of employers
Unfair labour practice on the part of workers
Chapter IV
.. 29
The Actual Practice: The Picture of Truth
Questionnaires
Chapter V
.. 38
Findings
Recommendation
Conclusion
Bibliography
Reference
6
Acknowledgement
At the very beginning of preparing the term paper, we express gratitude
to the Bangladesh Institute of Management for kindly extending the
opportunity to us for attending post Graduate Diploma course in Human
Recourse Management for the session 2012 & 2013.
Then, we wish to express special and heartfelt sense of gratitude to the
guide PROF. MD. MONIRUZZAMAN BHUIYAN, Assistant professor,
Chittagong University for his valuable suggestions, instructions,
encouragement, guidance and other necessary helps to prepare the term
paper.
We are also indebted to the counselors and Guest speakers of BIM for
their valued instructions and guidelines throughout the session.
Chapter I
OBJECTIVES
Purpose & Objectives of the study
The term paper is the partial fulfillment of the PGDHRM course. It is also treated
as the internship of the said course. The main objective and purpose is the study to
gather the ideas about the tools, techniques and how to conduct survey for
collecting primary data and information through questionnaires/observation from
the selected organization for research work. Finally, the comparative statement has
been made through statistical analysis.
To find out the gap between theories and practical implication of the
Labour practiced.
Objective:
The objectives of Unfair Labour Practice are follows:
a) It is concerned with the Workers Right (such as: Leave, Probation, Promotion,
ill Health of injury, Hours of work, Skill Development, Collective Bargaining)
of the Organization.
10
Therefore, we have tried to analyze how far the real practice from the law and it is
practicing in the selected industry AKPen in Chittagong . In this Connection we
have selected the following organization under the study.
11
Questionnaire method.
Observation.
A Questionnaire was prepared covering each and every factors of labour practice.
By recording the written answers of questionnaire supplied to the operators
(workers) of the selected organization and collected primary data/information.
To make the study much more realistic and meaningful observation method was
also followed to have a clear understanding.
Secondary data was collected from files. The collected data and information were
tabulated, processed and analyzed critically with a view to making the study
informative and purposeful.
12
Chapter II
INTRODUCTION
This study is about unfair labour Practices in 01 selected Private foreign
industries in Chittagong . Before going for detail discussion I would like to clear
the subject matter; we want to find out the present labour practice . what is should
be and what is practicing. This company is 100 % export oriented . I have selected
one multi national company A K KHAN PENFABRIC COMPANY LIMITED ,
Ak khan gate , North Kattali , Sagorika , Chittagong.
In this factory we have 6oo workers, most of them are female. Actually 90%
female workers.
we have gone to the close contact of the supervisors and some line
leader of the above industry & discussed the relative matters of the
study. Data / information have been collected through questionnaire &
observations.
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COMPANY PROFILE
FACTORY NAME
FACTORY ADDRESS
DATE OF INCORPORATION
OPERATION TO COMMENCE
MAIN PRODUCT/
MONTHLY PRODUCTION
CAPACITY
PROCESS
: SPINNING
MAIN MACHINERY
MANPOWER
LAND AREA
: 38,000 SQ.M
SHAREHOLDERS
: AK KHAN, PENFABRIC.
: USD 10 MILLION.
DESTINATION
: 100% EXPORT.
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Concept of fairness
Fairness can be used as a synonym for equitable, reasonable, impartial, just,
honest, balanced, according to the rules, right . These entire synonyms contain a
high degree of ethical and moral notions and consequently so do the notion of
fairness. As such the notion of fairness is not only difficult to define but is also
flexible. Different people from different culture and backgrounds also might have
different views as to exactly what constitutes fairness. As Baxter points out,
fairness is a concept that is ambiguous and difficult to ascertain. Consequently its
meaning must be deduced with reference to surrounding circumstance.
The definition of unfair labor practices is comprehensive and includes a wide range
of acts. Unfair labor practices are defined as acts committed by employers or trade
15
organizations that are contrary to the Bangladesh labour law. The laws that protect
against certain acts apply to a majority of the workers in the Bangladesh. Labor
law related to unfair practices in the workplace may vary for specific private-sector
employees, such as airline workers and railroad employees. Also, some publicsector employees are subjected to other provisions.
The People's Republic of Bangladesh has many laws governing the relationship
between workers and employers, including the 1965 Employment of Labour Act
and the 1969 Industrial Relations Ordinance.
Interfere with two or more employees acting in concert to protect rights
provided for in the Act, whether or not a union exist
To dominate or interfere with the formation or administration of a labour
organization
To discriminate an employee from engaging in concerted or union activities
or refraining from them
To refuse to bargain with the union that is the lawful representative of its
employee.
16
Chapter III
17
18
Some Example:
In the case of Bosman vs SA Police Services (2003 5 BALR 523) Bosman had
been selected as second best candidate by a selection committee for a promotion
and a black female had been selected as the first choice for the position. The SAPS
provincial commissioner then amended this selection decision recommending that
Bosman be first choice for the promotion. However, the committee decided that
the black female should be promoted for reasons of population group
representation.
However, the committee was unable to prove at arbitration:
19
In the light of this the arbitrator found that the failure to promote Bosman was
unfair and ordered the employer to promote her. The "unfairness" decision here
was made on the basis that:
Bosman was the best candidate and therefore had the right to be promoted,
and
The decision to promote the black female was inappropriate because she was
not the best candidate and there was no proof that her promotion would have
served the purpose of affirmative action.
A further problem plaguing arbitrators at the CCMA and bargaining councils
is having to decide what does and does not constitute an unfair labour
practice. This problem is so complex that arbitrators are sometimes unable to
agree with each other as to what actions do and do not fall under this
definition.
For example, in the case of SAPU obo Louw vs SAPS (2005, 1 BALR 22)
the arbitrator found that failure to pay the employee a merit award did fall
within the definition of an unfair dismissal. This is despite the decision of
another arbitrator made at the same forum a little earlier that payments of
merit awards do not fall into the definition of unfair labour practices.
Yet another question is how the arbitrator rectifies an unfair dismissal. It
appears that arbitrators are required to try to put the employee back in the
20
same position he/she would have been in had the unfair labour practice not
occurred.
For example, in Kwepile vs Department of Foreign Afairs (2005, 12 BALR
1225) the employee was unfairly recalled from overseas duty before his term
of duty had expired. The arbitrator ordered the employer to pay the
employee for those benefits he would have received between the date of
premature recall and the scheduled end date of his term at the overseas
office.
At the root of many "unfair"' practices is the employer's attempt to gain
something. There is nothing wrong per se with an employer gaining
something, as long as the employee does not lose out unfairly as a result.
Thus, an employer is entitled to protect its interests or save money by
disciplining an employee or changing the employee's benefits provided that
the discipline is merited or the loss to the employee is justified.
As always, the challenge for the employer is to judge when its actions are
merited and justified. Due to the complexity of the law such judgment
cannot be done via guesswork. Every employer must therefore obtain
comprehensive and in-depth expertise in labour law via the use of a
reputable labour law expert and via training of all levels of management in
the application of labour law.
Another example can be given in the perspective of Bangladesh workplace.
That is a female employee after conceiving baby does not get confirmed and
does not get any kind of maternity benefits from the company though she
has completed working period of one year and two months in the company.
21
Rather she is threatened by saying that she can lose her job because of
getting baby immediately after joining. It is catastrophic that she is found
working after ten days of her delivery. Whereas as per BLA 2006, every
woman employed in an establishment shall be entitled to and her employer
shall be liable for, the payment and leave of maternity benefit in respect of
the period of eight weeks preceding the expected day of her delivery and
eight weeks immediately following the day of her delivery . Provided that a
woman shall not be entitled to such maternity benefit unless she has worked
under the employer, for a period of not less than six month immediately
preceding the day of her delivery. This is a clear and shocking example of
discrimination as well as Unfair Labour Practice.
Unfair discrimination:
The law provides for redress for an *employee who is subject to an unfair labour
practice in the workplace. An unfair labour practice includes any unfair act or
omission that arises between an employer and employee, involving unfair
discrimination, whether directly or indirectly, against an employee. (*employee
includes an applicant for employment.)
Any employers policy or practice showing favor, prejudice or bias for or against
employees in terms of any arbitrary ground including, but not limited to:
Race,
Gender,
Sex,
Pregnancy,
23
Marital Status,
Family Responsibility,
Color,
Sexual Orientation,
Age,
Disability,
Religion,
HIV Status,
Conscience,
Belief,
Political Opinion,
Culture,
Language and Birth, and which is not fair can be deemed to be unfair
discrimination.
Indirect discrimination
In addition, HIV testing can only be carried out if authorized by the Labor
Court;
Essentially one has to give consideration to the impact of actions, policies and
procedures when evaluating discriminatory practices rather than the intention
thereof.
25
of a person who is a party to such contract to join a trade union or continue his
membership of a trade union.
b) Refuse to employ or refuse to continue to employ any person on the ground
participating committee;
i) Fail to give reply to any communication made by the collective bargaining
27
to confer any
union by using
pressure , threat,
28
Chapter IV
In most cases we see that lots of companies /organizations have no service rule,
they are not following BLL-2006, female staffs are getting deprived from all types
of facilities, getting no promotion, working in dangerous fields.
In group
employees are getting advantages, higher salaries, and higher ranks than efficiency.
Unfair labour Practice is a vast topic to capture it in short. Discrimination is the
major topic which is defining unfair labour practice. (By employer).
Sometimes employees also can do the wrong, by standing and taking the wrong
side. For example: Practicing illegal work, using trade union as a weapons, making
the management confused.
Now a day in this fast moving world employees and employers relationship should
be sound and smooth.
Both parties should realize that they are one coin just opposite side. For their own
benefit, they should make good relationship between them.
29
Questionnaires
For all operators/ workers
Highly Disagree
-1
Disagree
-2
Normal
-3
Satisfied
-4
Highly Agree
-5
30
Employee Maternity Leave wages Salary Motivation Training Food Appraisal Bonus OT S
Leave
1
10
11
12
13
14
15
16
17
18
19
20
31
Maternity Leave
Are you getting the prescribed 112 days for maternity leave ?
Variable
Frequency
Percent (%)
Highly Disagree
Disagree
Normal
Satisfied
10
50
45
20
100
Highly Agree
Total
The above table represents the data of 20 female workers. It also shows that
overall operators are happy and they are satisfied with their job.
Leave
Are there leaves CL, SL, AL, FL matches with the standard ?
Variable
Frequency
Percent (%)
Highly Disagree
Disagree
Normal
Satisfied
40
Highly Agree
11
55
Total
20
100
Above the table shows that workers are happy. Because 55 % workers are
highly agreed.
32
Wages
Are you getting the wages according to the government provided standards ?
Variable
Frequency
Percent (%)
Normal
Satisfied
11
55
Highly Agree
40
Total
20
100
Highly Disagree
Disagree
Table shows that 40% workers are highly agree, 55% satisfied
so here labour practice is fair.
Salary
Are you getting the salary on time ? Is it enough ?
Variable
Frequency
Percent (%)
Normal
15
Satisfied
40
Highly Agree
45
Total
20
100
Highly Disagree
Disagree
This table shows that 45% highly agree and 40 % are satisfied,
here practice also fair.
33
Motivation
Are you motivated to do your job effectively ?
Variable
Frequency
Percent (%)
Normal
10
Satisfied
45
Highly Agree
45
Total
20
100
Highly Disagree
Disagree
Training
Do the training provided is enough ? Are these training helpful for you ?
Variable
Frequency
Percent (%)
Satisfied
45
Highly Agree
11
55
Total
20
100
Highly Disagree
Disagree
Normal
34
Food
Are there any breakfast, lunch, dinner provided by your company? Is it sufficient?
Variable
Frequency
Percent (%)
Normal
Satisfied
45
Highly Agree
10
50
Total
20
100
Highly Disagree
Disagree
This table shows workers are highly agree that they are pleased
with their food which is provided by the company.
Appraisal
Dose the appraisal system works perfectly ?
Variable
Frequency
Percent (%)
Satisfied
10
50
Highly Agree
10
50
Total
20
100
Highly Disagree
Disagree
Normal
35
Bonus
Do you get bonus timely? Are you satisfied?
Variable
Frequency
Percent (%)
Satisfied
12
60
Highly Agree
40
Total
20
100
Highly Disagree
Disagree
Normal
Frequency
Percent (%)
Satisfied
11
55
Highly Agree
45
Total
20
100
Highly Disagree
Disagree
Normal
Safety Equipment
Are you satisfied with the safety equipment provided ?
Variable
Frequency
Percent (%)
Satisfied
14
70
Highly Agree
30
Total
20
100
Highly Disagree
Disagree
Normal
Above this table 70% actually need safety equipment in every moment
and they have this equipments . 30% are highly agree because they have
available of this equipment.
Fire safety
Do the overall fire safety system works ? Is it sufficient ?
Variable
Frequency
Percent (%)
Satisfied
25
Highly Agree
15
75
Total
20
100
Highly Disagree
Disagree
Normal
Above this table we come to know 25 % are satisfied and 75% are
highly agree with their fare safety. Because this company have all the
facilities like fire evacuation plan , fire alarm , emergency exit doors and
other facilities.
37
Chapter V
Findings :
Its a big journey when we start this , but at the end of this we can say
in this factory workers are highly agree with their welfare program.
They actually satisfied with their salary administration and other
facilities. The real practice is good.
Bangladesh labour law -2006 and the practice of this company is same.
There is no unfair practice in this company.
Some time employee are very disappointed because of absence of
welfare and other facilities.
Grievance is very sensitive for employee and employers. Employers
should take proper step to remove the problem.
38
Recommendation:
This is the time to make good relations between employees and
employers. They should know they are depending on each other.
Moreover, if every company comply the welfare for workers,
then the employees will do anything for the company. They will
be highly motivated and enthusiastic in their job.
So company should take care of them to improve their
motivation level to a top level. Finally, if employers can take
care of their employees properly, then there will be no such
unfair practice in the future.
Conclusion:
It is quite obvious from the survey done in the company that
there is no difference in the theories and the practical evidence.
Moreover, from the survey, we found no unfair labor practice in
this factory. We also found that the salary, wages, overtime,
food, transport, maternity and all other leaves, appraisal system,
safety equipment, safety measures etc are provided to the
standards. To conclude, we can say that the welfare related to
workers complies 100% with the respective Bangladesh labor
law 2006
39
Bibliography
(1) Synopsis of PGDHRM course supplied by BIM
(2)
Reference
40