What is Freedom of Association Policy in Bangladesh?

The Freedom of Association Policy in Bangladesh's garments industry guarantees workers the right to form and join trade unions, engage in collective bargaining, and peacefully assemble to address their workplace concerns. This policy is in line with national labor laws and international conventions to ensure that workers' rights to representation and participation are upheld. 

Here are the key components of this policy:

1. Legal Framework

• The Bangladesh Labour Act 2006 provides the legal basis for workers’ right to form trade unions and participate in collective bargaining.
• Bangladesh is a signatory to International Labour Organization (ILO) Convention No. 87 (Freedom of Association and Protection of the Right to Organize) and Convention No. 98 (Right to Organize and Collective Bargaining), which are key international standards on the matter.
• These laws protect workers' rights to unionize and ensure that employers cannot interfere with this process.

2. Right to Form and Join Unions

• Workers in the garment industry have the right to freely form and join trade unions without fear of retaliation or discrimination from employers.
• Trade unions must be registered with the government to be legally recognized, and once formed, they can engage in collective bargaining on behalf of their members.
• No worker can be forced to join or refrain from joining a union, ensuring that participation is entirely voluntary.

3. Collective Bargaining

• Trade unions have the right to engage in collective bargaining with employers to negotiate terms and conditions of employment, such as wages, working hours, benefits, and workplace safety.
• Collective bargaining agreements are legally binding and must be honored by both employers and employees.

4. Non-Discrimination for Union Activities

• Employers are prohibited from discriminating against workers based on their union membership or participation in union activities.
• Workers who engage in union activities, such as organizing meetings or participating in strikes, should not face any form of retaliation, such as being demoted, dismissed, or harassed.

5. Protection from Retaliation

• Workers who exercise their right to freedom of association are protected from being fired, suspended, or subjected to any form of punitive action by their employer.
• Employers cannot threaten or intimidate workers to prevent them from organizing or joining unions.

6. Union Representation and Worker Committees

• In addition to formal trade unions, workers may form Worker Participation Committees or Worker Welfare Associations, which can serve as platforms for addressing workplace concerns and improving conditions.
• These committees are often established in factories that may not have a formal trade union, allowing workers to have a voice in decision-making processes.

7. Peaceful Assembly and Strikes

• Workers have the right to engage in peaceful strikes, protests, and demonstrations to highlight grievances or demand better working conditions.
• Strikes and protests must be conducted in accordance with the law, with prior notice given to employers and relevant authorities.
• While strikes are a legitimate tool for workers, they are subject to certain legal restrictions, including ensuring that essential services are not disrupted and that public order is maintained.

8. Employer Responsibilities

• Employers are required to recognize and negotiate with duly registered trade unions representing their workers.
• They must respect workers' rights to form and join unions and refrain from any interference or attempts to control union activities.

9. Dispute Resolution and Arbitration

• When disputes arise between workers and employers, the law provides mechanisms for resolving them, including mediation, arbitration, and labor courts.
• These mechanisms are in place to ensure that disputes can be resolved peacefully and fairly, preventing the need for prolonged strikes or industrial action.

10. Third-Party Monitoring and Audits

• International buyers often require their suppliers in Bangladesh to comply with their codes of conduct, which include respecting workers' freedom of association.
• Factories are subject to audits by third-party organizations to ensure compliance with these standards. Non-compliance can lead to penalties such as loss of contracts with international buyers.

11. Challenges in Implementation

• While freedom of association is legally guaranteed, workers in the garment industry sometimes face challenges in exercising this right. These can include:
  • Employer resistance or attempts to prevent union formation through intimidation or retaliatory actions.
  • Difficulties in registering unions due to bureaucratic processes.
  • Fear among workers of losing their jobs or facing harassment if they attempt to join a union.

12. Government Oversight and Support

• The Ministry of Labour and Employment in Bangladesh is responsible for ensuring that factories comply with labor laws, including the right to freedom of association.
• Labor inspectors conduct inspections to ensure compliance, and workers can file complaints with the ministry if they believe their rights are being violated.

13. Corporate Social Responsibility (CSR)

• Many international brands sourcing from Bangladesh require their suppliers to respect freedom of association as part of their Corporate Social Responsibility (CSR) programs.
• Buyers may work with suppliers to support the formation of unions or worker committees and ensure that labor rights are respected.

14. Penalties for Non-Compliance

• Factories that violate workers' rights to freedom of association can face legal action, including fines, suspension of their operating licenses, or other penalties.
• International buyers may also terminate contracts with suppliers that fail to respect labor rights, leading to significant business losses for non-compliant factories.

15. Worker Education and Awareness

• Trade unions and NGOs often provide education and training to workers on their rights to freedom of association, how to organize, and how to negotiate with employers.
• Empowering workers with knowledge helps them exercise their rights effectively and participate in the collective bargaining process.

Summary:

The Freedom of Association Policy in Bangladesh’s garments industry ensures that workers can form and join trade unions, engage in collective bargaining, and participate in peaceful strikes without fear of retaliation. While challenges in implementation exist, the legal framework, government oversight, and international monitoring aim to protect workers' rights and promote a fairer, more inclusive workplace environment.