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Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Bangladesh (Ratification: 1972)

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The Committee notes that the Government states in its report that it has noted the Committee's comments.

The Committee recalls that sections 11A(1) and (2) and 11B of the Industrial Relations Ordinance, 1969, deny the rights of unregistered unions to function and to collect funds as well as the right of workers to belong to more than one trade union at a time. As concerns the latter, the Committee considers that while the limit of one union for one worker is understandable for workers with one job, it would however hinder workers who may have more than one job or more than one place of employment from assuring the defence of their occupational interests in the respective establishments. As regards the functioning of unregistered unions, the Committee points out once again that, under current law, it would appear to be illegal for a union to collect funds prior to being registered and yet the requirement of a secure membership base for registration would be difficult to obtain without the union being able to collect dues and provide at least some level of service to members or potential members. The Government should therefore take measures to ensure certain preliminary rights for unregistered trade unions, so that they may provide services enabling them to secure sufficient membership to obtain registration.

The Committee hopes that the Government will take the necessary measures in the near future to bring these provisions into full conformity with the Convention and recalls that the technical assistance of the ILO is available on these issues if the Government so desires it.

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