The
conciliation process in labor law is used to resolve disputes between
employers and employees through a neutral third party known as a
conciliator. Conciliation is to help the parties involved reach a
mutually acceptable agreement without going through formal legal
proceedings like arbitration or litigation.
Conciliation process under Bangladesh Labour Act, 2006
- when
the party receives a communication but fails to arrange a meeting
with the representatives of the other party for collective bargaining
or no settlement is reached through dialogue within one month from the
date of
the first meeting for negotiation or within fifteen days from the expiry
of the period any party make apply for conciliation
- Send a report on the
matter to the conciliator and request him in writing to conciliate in the dispute
- the
conciliator shall within ten days of receipt of such request proceed to conciliate in the
dispute.
- The Government shall by notification in the official
Gazette appoint such number of persons as it considers necessary as
conciliators for such specific area or
any industrial establishment or industry, and the conciliator shall take
up the conciliation to whom
the request shall be made for conciliation.
- The conciliator shall start conciliation and shall call a
meeting of the parties to the dispute to bring about a settlement.
- The parties to the dispute shall appear before the conciliator in person or shall be represented
before him by a person nominated by them and authorized to negotiate and enter into an agreement
binding on the parties.
- If any settlement of the dispute has come of the proceedings
- then the
conciliator shall send a report to the Government with a memorandum of settlement
signed by the parties to the dispute