Dispute Resolution Procedure

Settlement Procedure of Industrial Dispute

Industrial Dispute means any dispute or difference of opinion between employers and employers, between employers and workers, or between workers and workers in respect of appointment or conditions of service or conditions of work or environment of work of any person.

The procedure for Settlement of Industrial Disputes

In any establishment or organization, the interatrial dispute may arise and, in this regard, there are some procedures to be resolved it as:

1. If at any time an employer or a collective bargaining agent finds that an industrial dispute is likely to arise between the employer and the workers, the employer or the collective bargaining agent shall communicate his or her views in writing to the other party.
2. Within 15 (fifteen) days of the receipt of communication under subsection (1), the party in consultation with the other party, arranges a meeting with it for collective bargaining through discussion with a view to reaching an agreement, and such meeting may be held between the representatives of the parties authorized in this behalf.
3. If the parties, after holding discussion, reach a settlement on the issues discussed, a memorandum of settlement shall be recorded in writing and signed by both the parties, and a copy thereof shall be forwarded by the employer to the Government, the Director of Labor and the Conciliator.

In case of failure to hold the Meeting for Settlement Between Parties

If the responsible party fails to arrange a meeting with the other party within the time specified or no settlement is reached through dialogue within a period of 1 (one) month from the date of the first meeting for negotiation, or, such further period as may be agreed upon in writing by the parties, any of the parties, may, within 15 (fifteen) days from the expiry of the period mentioned in subsection (2) or, clause (b) of this subsection, as the case may be, report the matter to a competent Conciliator mentioned may request him in writing to settle the dispute through conciliation.

1. The Conciliator shall, within 10 (ten) days of receipt of the request as aforesaid, start conciliation, and shall call a meeting between both the parties to bring about a settlement.

2. The parties to the dispute shall appear before the Conciliator in person or through the representatives nominated and authorized by them to enter into an agreement binding on both the parties on such date and at such time as the Conciliator may specify.

3. And if the settlement of the dispute arrives through conciliation, the Conciliator shall submit a report thereon to the Government together with a memorandum of settlement signed by both the parties.

In case of failure of Settlement Between the Parties by Conciliator

Sometimes the conciliator becomes a failure to settle the issue between the parties, then they may go ahead with the following procedure:

1. If no settlement is arrived at within 30 (thirty) days of receipt of any request for settlement of any dispute by the Conciliator, the conciliation shall fail, or the conciliation may be continued for the further period agreed upon in writing by both parties.

2. If the conciliation fails, the Conciliator shall try to persuade the parties to agree to refer the dispute to an Arbitrator.

(2-a) If the parties do not agree to refer the dispute to an Arbitrator, the Conciliator shall, within 3 (three) days of failure of the conciliation issue a certificate to the parties to the dispute to the effect that it has failed.

(2-b) If the parties agree to refer the dispute to an Arbitrator, they shall make a joint request in writing for settlement of the dispute to an Arbitrator agreed upon by them.

3. An Arbitrator referred in subsection (2-b) may be a person from the panel of Arbitrators prepared by the Government on this behalf or any other person agreed upon by the parties.

4. The Arbitrator shall give his award within 30 (thirty) days from the date of receipt of the request for arbitration or within such further period as may be agreed upon in writing by the parties.

5. When an award is given by the Arbitrator, he shall forward one copy thereof to the parties and another copy to the Government.

6. The award of the Arbitrator shall be final and no appeal shall lie against it.

7. An award shall be valid for such period not exceeding 2 (Two) years as may be fixed by the Arbitrator.

7. An award shall be valid for such period not exceeding 2 (Two) years as may be fixed by the Arbitrator.

8. The Director of Labor may, if he deems fit in the interest of settlement of a dispute, at any time, take over any conciliation proceedings from any Conciliator and proceed to conciliate the dispute himself, or transfer such proceedings to any other Conciliator, and in such a case the other provisions of this section shall apply.

References

1. Bangladesh Labor Act, 2006. Section-210, Sub-1-8

2. Bangladesh Labor Act, 2006. Section-210, Sub-9-18

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