Group Discussion Board

Home work

Home work

by badal hossain -
Number of replies: 0

Conciliation is an informal and confidential process in which a neutral person, the conciliator, helps you and the other party find a satisfactory solution to your dispute. industrial dispute between management and its employees in order to bring them together to resolve their differences is termed mediation or conciliation. The conciliation process is similar to ADR of mediation and negotiation between the Commission and the people involved. The conciliator may ask both the parties to give him a brief about the dispute, the conduct of the conciliator shall be free and he will be free to make his decision. Conciliation is a type of ADR where the settlement is made out of court.

In 2006, Government of Bangladesh enacted Bangladesh Labour Act 2006 to settle industrial disputes and to promote industrial peace and establish a harmonious and cordial relationship between labour and capital.

 Section 33 of The Labour Act 2006 prescribes the procedure for filing of a complaint by a worker. Section 33 was intended by the Parliament to allow the parties to resolve the matter amicably, before filing the dispute to the court.

Appointment of a Conciliator:

A neutral third party, known as a conciliator, is appointed to facilitate the conciliation process. The conciliator is usually an experienced individual with knowledge of labor laws and labor relations. They should be impartial and not favor one side over the other.

Mediation and Communication:

The conciliator meets with the parties separately or together to facilitate discussions. During these meetings, they encourage open communication and help the parties express their concerns, interests, and proposals. The conciliator may suggest potential solutions and work to find common ground.

Negotiation:

The parties engage in negotiations with the assistance of the conciliator. The conciliator may help them explore possible compromises, alternative solutions, and options to resolve the dispute. If an agreement is reached, the dispute is resolved, and the parties are expected to adhere to the terms of the settlement. If no agreement is reached, the parties may choose to pursue other dispute resolution methods, such as arbitration or litigation. Conciliation is a valuable tool in labor law as it allows parties to have greater control over the resolution of their disputes and can help maintain working relationships. It is often used in conjunction with other labor dispute resolution mechanisms, such as arbitration or litigation process.