ADR in the Labor Act, 2006

Introduction: The role of the workers in our country like Bangladesh is beyond description in economic development. They have contribution in sectors of the state. To support them logically and legally many Acts passed but at last for the more convenience of them a uniform law was passed in 2006, named the Bangladesh Labor Act 2006.This act was passed to lead a great support for the workers.

The provisions of ADR has been incorporated in the Bangladesh Labor Act, 2006 for the settlement of industrial disputes under section 210.

Definition of industrial dispute: ‘Industrial dispute' means any dispute or difference between employers and employers or between employers and workers or between workers and workers which is connected with the employment or non-employment or the terms of employment or the conditions of work of any person.

Rising of industrial disputes: No industrial dispute shall be deemed to exist unless it has been raised in accordance with this chapter by a collective bargaining agent or an employer.

Mechanisms of settlement of labor disputes: Generally a labor dispute may be divided into two categories, namely:

Individual dispute

When a worker raises a dispute in his individual capacity then it is popularly known as individual dispute. Individual disputes mostly cover dispute arising out of dismissal, discharge, compensation, payment of wages etc.

Industrial dispute 

On the other hand, industrial dispute refers to dispute or any difference between workers and employers with regard to collective demands of workers.

Kinds of the ADR used in the Labor Act 2006: perusing the section 210 of the Labor Act 2006,we found three kinds of ADR in this Act namely,

A. Negotiation

B. Conciliation 

C. Arbitration 

Negotiation Method: Negotiation is recognized as the best method for the settlement of industrial disputes and maintaining industrial relations in a better way because it helps develop harmonious relationship between the management and workers. Bipartite negotiation takes place between the employers and their employees over job-related affairs. The employees are usually represented by their elected representative known as collective bargaining agents (CBAS) while the employers are allowed to participate in collective bargaining themselves or through their representative.