Effect given to the recommendations of the committee and the Governing Body - Report No 349, March 2008

Case No 2371 (Bangladesh) - Complaint date: 15-JUL-04 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 18. The Committee last examined this case, which concerns a refusal to register the Immaculate (Pvt) Ltd Sramik Union and the dismissal of seven of its most active members, at its March 2007 meeting [see 344th Report, paras 31–34]. On that occasion, the Committee once again urged the Government to take steps immediately for the prompt registration of the Immaculate (Pvt) Ltd Sramik Union. Additionally, it once again requested the Government to convene an independent inquiry to thoroughly and promptly consider the allegation that seven members of the union were dismissed by the company upon learning that a union was being established, to ensure that appropriate measures are taken in response to any conclusions reached in relation to these allegations of anti-union discrimination, and to keep it informed of the progress made in this regard.
2. 19. In a communication dated 5 July 2007, the Government indicates that the case filed by the complainant union regarding the refusal of registration was still pending before the Labour Court. The next date of hearing was fixed for that day (5 July), and as the matter was still pending, the Government cannot take any steps to register the union. The Government states that collective bargaining rights are ensured in the country, as the legislation is in conformity with ILO Conventions and collective bargaining agreements cover not only union members but all workers in the establishments concerned. It adds that the purpose of forming trade unions is frustrated when there are too many unions. A minimum requirement of 30 per cent of the total number of workers employed for unions to be registered is justified to minimize union rivalries, conflicts and clashes; this legal provision therefore need not be amended.
3. 20. The Committee deeply regrets that, once again, the Government has failed to give any follow-up action to its recommendations. As in its previous examination of this case, the Committee again notes that, although the facts of this case date back to 2003, the issue of the registration of the Immaculate (Pvt) Ltd Sramik Union is still pending before the court – a fact which unavoidably has an impact on the prospect of resolving this case. Recalling that justice delayed is justice denied, the Committee once again urges the Government to take steps immediately for the prompt registration of the Immaculate (Pvt) Ltd Sramik Union.
4. 21. The Committee deeply regrets that the Government has provided no information concerning its recommendation to rapidly convene an independent inquiry into the serious allegations of anti-union discrimination in the present case. It once again requests the Government to convene an independent inquiry to thoroughly and promptly consider the allegation that seven members of the union were dismissed by the company upon learning that a union was being established. If it appears from the outcome of the independent inquiry that the dismissals occurred as a result of involvement by the workers concerned in the establishment of a union, the Committee once again requests that those workers will be reinstated in their jobs without loss of pay. If the independent inquiry finds that reinstatement is not possible, the Committee requests the Government to ensure that adequate compensation so as to constitute sufficiently dissuasive sanctions is paid to the workers, and requests to be kept informed of all developments in this regard.