In our country like Bangladesh, the role of workers in economic development is indescribable.  They have contributed to the sectors of the state.  Many laws were passed to support them logically and legally but in the end for their further convenience a uniform law was passed in 2006 called Bangladesh Labor Act 2006.  This law was passed to lead a huge support of the workers.

The provisions of Bangladesh Labor Act, 2006 ADR have been attached for the settlement of industrial disputes under section 210.

Definition of Industrial Dispute: 'Industrial Dispute' means any dispute or difference between the employer or employers or between the employer or the worker or between the employee or the employees or any employment or employment or terms of employment or any terms of employment.

Emergence of Industrial Disputes: No industrial disputes shall be deemed to exist unless they are raised by the joint bargaining agent or an employer in accordance with this chapter.

  Labor Dispute Resolution Process: Generally, labor disputes can be divided into two parts, viz.

  Individual conflict

  When a worker raises a dispute over his or her individual capacity, it is known as a separate dispute.  Individual disputes mostly arise over dismissal, discharge, compensation, wages, etc.

  Industrial disputes, on the other hand, refer to disputes or differences between workers or employers over the collective demands of workers.

Types of ADRs used in the Labor Act 2006: Under Section 210 of the Labor Act 2006, we have found three types of ADRs in this Act, namely,

  A. Discussion

  B.  Compromise

  C. Arbitration

Negotiation method: Negotiation is recognized as the best method for resolving disputes and maintaining industrial relations in a better way as it helps in building good relations between management and workers.  Bilateral discussions take place between employers and their employees on job-related issues.  Employees are usually represented by their elected representative known as the Combined Bargaining Agent (CBAS) when employers authorize them to participate in the Combined Bargaining or through their representative.

Negotiation Procedure: If the party communicating under sub-section (1) fails to arrange a meeting with the representatives of the other party for joint bargaining within the period specified in sub-section (2), the other party or the first to negotiate if no settlement is reached.  Negotiations are reached within one month from the date of the meeting, or the parties may agree in writing to either party within fifteen days of the expiration of the term referred to in sub-section (2) or section (b) of this sub-section,  Since the matter of the case may be communicated to the petitioner and he has to make a written request to settle the dispute and the request should be made within ten days of receipt of the settlement such request, proceed to conclude the dispute.

  For the purpose of this provision, the Government shall, by notification in the Official Gazette, appoint such number of persons as may be deemed necessary as a negotiator for such specific region or any industrial body or industry, and the negotiator with whom the negotiator will be requested to negotiate.

Arbitration: If the settlement process fails, the parties to the settlement will try to agree to send the dispute to an arbitrator.  If the parties do not agree to refer the dispute to an arbitrator, the conciliator shall issue a certificate to the opposing party within three days of the failure of this conciliation procedure that such proceedings have failed.

  If the parties agree to refer the dispute to an arbitrator, they will make a joint request to the arbitrator who has agreed to the dispute in writing.

  The arbitrator to whom the dispute is referred may be a person carrying any penalty to be punished by the government or any person agreed by the parties.

  The arbitral tribunal shall award him the prize within thirty days from the date specified or a further period which may be agreed in writing on behalf of the party to the dispute.  After he gives the award, the arbitrator will send a copy of it to the parties and the government.

  The arbitrator's award will be final and there will be no appeal against it.  An award shall be valid for the period not exceeding two years as determined by the arbitrator.