Bangladesh ratified ILO convention 87, Freedom of Association and protection of the right to organize. Respecting ILO convention 87 Bangladesh Government passed act through Bangladesh Labour Law 2006 and it's amendments for workers organization, named Trade Union, facility in the establishment. Bangladesh Government also passed act through Bangladesh EPZ Act 2019 for workers organization, named Workers' Welfare Association (WWA), facility in the establishment in the zone.
Gist of formation of Workers' Welfare Association (WWA) according to BD EPZ Act 2019 are mentioned here.
Step # 1
Sec # 94 (2) : Interested minimum 20% permanent worker can apply through specific form attached with NID, Company ID, PP picture to Executive Director (Labour & IR) .
Step # 2
Sec # 93 : All permanent worker can be a member of WWA except watch and ward member, driver, confidential assistant, cipher assistant casual workers and workers employed by kitchen or food preparation contractors, clerk.
Step # 3
Sec # 94 (5) : An Executive Council of WWA need to form and 30% of female member will be in the Council.
Step # 4
Sec # 94 (4) : No employer shall discriminate any worker for being a member of forming WWA. Otherwise it will be deemed to be an unfair labour practice of the employer under section
115.
Step # 5
Sec # 94 (6) : If there are several industrial unit then all units will be considered as one industrial unit.
Step # 6
Sec # 96 (1) : Executive Council will prepare a constitution of the WWA & it shall not be any contrary of the EPZ Act.
Step # 7
Sec # 95 (1) : If 20% permanent worker agreed to form WWA, a convener will submit an application to the Executive Chairman with prescribed manner.
Step # 8
Sec # 97 (1) :If Executive Chairman satisfied with all provisions of constitution of the WWA, EC shall register within 60 days after receipt the application.
Sec # 97 (2) : If EC dissatisfied he shall raise his objection to WWA within 15 days after receipt the application and WWA shall reply the objection within 15 days.
Sec # 97 (3) : If EC satisfied with the reply of objection, EC shall register WWA under the time frame of 97(1).
Sec # 97 (3) : If EC not satisfied with the reply of objection, EC can reject the application.
Sec # 97 (4) : IF EC doesn't register within 60 days according to 97(1) or reject the application WWA may apply to the EPZ Labour Court.
Sec # 97 (4) : The EPZ Labour Court may direct EC to register or reject the application.
Sec # 98 : If WWA registered Executive Chairman will issue a certificate in prescribed manner.
Sec # 99 (1) : Any amendment of the constitution of WWA shall be communicated with Authority (BEPZA) within 15 days of such amendment and copy to Employer.
Sec # 99 (2) : The Authority may refuge to register the amendment of constitution of WWA, if it is contravention of the EPZ Act.
Sec # 99 (3) : Every inclusion or exclusion of member of Executive Council shall report to the Authority within 30 days.
Sec # 99 (4) : Any member or representative of WWA may appeal to the EPZ Labour Court for any dispute of changes of representative of WWA or aggrieved for refusal of WWA formation application.
Step # 9
Sec # 103 (1) : After registered WWA under sec 97, an election of Executive Council will be held within 60 days upon Authority's request.
Sec # 103 (2) : The representatives of Executive Council of WWA shall be elected through secret ballot in election by a prescribed manner.
Sec # 103 (2) : The election of the EC will be ineffective if majority permanent workers do not cast their votes.
Sec # 103 (3) : If the Executive Council election ineffective under section 103(2), after six (6) further election may be held.
Step # 10
Sec # 104 : The Executive Chairman shall approve elected Executive Council within 15 days of declared election results.
Step # 11
Sec # 105 : Tenure of the Executive Council of WWA shall be three (3) years.
Sec # 106 (1) : The next election shall be held within 90 days upon expiration of its fixed term.
Sec # 106 (2) : If the Executive Council dissolve before its fixed term, the next election shall be held within 90 days after dissolution.
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