ADR in Labour Code 2006

The route is the non-judicial mediation process which includes negotiation, conciliation and arbitration. If a dispute reaches the stage of award by an arbitrator it is final and this route end here

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

A. Negotiations:

If a dispute is likely between an employer and an employee, the employer or a CBA shall communicate the same in writing to the other party. within 10 days the parties will try to resolve the matter by way of negotiation, if a settlement reached, a memorandum shall be recorded accordingly section 210(1,2). Under sub-section 210(4), 30 days’ time is allowed to complete negotiation.

B. Conciliation:

Failing in negotiation under subsection 210(1,2), any party may report to the conciliator that the negotiation have failed and request to the conciliator in writing a conciliate the dispute and conciliator shell, on receipt of such request, proceed to conciliate in the dispute. Under section 210(6) of the conciliator has 10 days time for cancellation.

C. Arbitration:

If conciliation fails the conciliator shall try to Persuade the parties to agree to refer to the dispute to an arbitrator. In case the parties agree, they shall make a joint request in writing for reference of the dispute to an arbitrator agreed upon by them. The arbitrator shall give his award within 30 days from the date on which such dispute is referred to him or within such period as may be agreed upon by the parties. the award of the arbitrator shall be final and no appeal shall lie against it (section 210(16).)