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| Strike and lock-out under Section-211 |
Strike and lock-out under Section 211 | Bangladesh Labor Act -2006:
As per Section-211(BLA-2006),
(1) The party which raised the industrial dispute may, within 15(Fifteen) days of the receipt of the certificate of failure under section 210(11), give to the other party a notice of strike or lock-out, as the case may be, to commence on a date to be specified therein, which shall be no earlier than 7(seven) days and not later than 14(fourteen) days from the date on which the notice is given; or the party raising the dispute may apply to the Labor Court for adjudication of the dispute.
Provision: No Collective Bargaining Agent shall serve a notice of strike unless, through a secret ballot held under the supervision of a conciliator in a prescribed manner, at least 51% of its total members have voted in favor of the strike.
(2) If a strike or lock-out has commenced, any party involved in the dispute may apply to the Labor Court for the adjudication of the dispute.
(3) If a strike or lock-out lasts for more than 30(thirty) days, the Government may, by order in writing, prohibit it.
Provision: The Government may, by order in writing, prohibit a strike or lock-out at any time before the expiry of 30(thirty) days if it is satisfied that the continuance of such strike or lock-out is causing serious hardship to the community or is prejudicial to the national interest.
(4) In the case of public utility services, the Government may, by order in writing, prohibit a strike or lock-out at any time before or after its commencement.
(5) In any case where the Government prohibits a strike or lock-out under sub-section (3) or (4), it shall forthwith refer the dispute to the Labor Court for adjudication.
(6) The Labor Court shall, after giving both parties an opportunity of being heard, settle the dispute and make an award as expeditiously as possible, but within 60(sixty) days from the date on which the dispute was referred to it.
Proviso: The Labor Court may, if it deems fit, make an interim award on any matter in dispute.
Further Provison: No award shall be invalid merely on the ground that it was delayed.
(7) An award of the Labor Court shall remain in operation for such period as specified therein, but not exceeding two years.
(8) In a newly established undertaking, or an undertaking owned by foreign investors or established in foreign collaboration, a strike or lock-out shall be prohibited for 2(two) years from the date of commencement of production. However, all other provisions of this Chapter for the settlement of industrial disputes shall apply to such undertakings.