Both labour representatives and factory owners were taken aback by the Advisory Council’s ratification of the Bangladesh Labour Act (Amendment) Ordinance 2025 last month.
Industry leaders claim that the authorised document on union formation is different from what was decided upon in previous discussions with government officials, unions and companies. They claim that the new union registration requirements are much lower than the agreement made at the Tripartite Consultative Council (TCC) and much easier than the existing level.
The Bangladesh Garment Manufacturers and Exporters Association (BGMEA), warned that rather than defending workers’ rights, the revisions would cause uncertainty and unrest at factories.
The current 20% barrier for union registration was abandoned in favour of a multi-tier system during the TCC meetings, the highest venue for labour law issues. It was decided that a trade union might be established in factories with 50–500 employees if at least 50 employees approved.
The approval of 150 employees is needed for factories with 501 to 1,000 workers. Additionally, the meetings decided that 300 workers’ consent would be required in companies with 1,001–3,000 employees, while 400 workers might file for a union in units with more than 3,000 people. A single factory might have up to five unions, regardless of size.
However, the Advisory Council drastically reduced the requirements by lowering these numbers. In a factory with 20–300 employees, the draft permits only 20 workers to organise a trade union.
The proposal states that 40 workers’ consent will be required in workplaces with 301 to 500 employees, 100 workers’ consent in factories with 501 to 1,500 employees, 300 workers’ consent in factories with 1,501 to 3,000 employees and 400 workers’ consent in companies with more than 3,000 people.
However, clothing makers claim that the reduced limits may have unintended consequences. They worry that the establishment of unions may be influenced by outside organisations, which could result in ‘chaos, confusion and conflict’ throughout factories.
“Primarily, we want the government to adopt the decision that was taken at the TCC meetings as the decision was taken in consultation with all stakeholders,” said Mohammad Hatem, President of the Bangladesh Knitwear Manufacturers and Exporters Association (BKMEA).
According to current legislation, a union must get the approval of 20% of its members.
Under pressure from throughout the world, factory owners agreed to lower it to 15% at the TCC talks, but union leaders insisted on 10%. The two statistics were debated by the Council, which was made up of 20 representatives from the government, employers and labour.
The National Garment Workers Federation (NGWF) President, Amirul Haque Amin, stated that while the barrier could be lowered from 20% through consultation, it shouldn’t be cut suddenly. He went on to say that if the 20-worker criterion is implemented, fictitious unions may proliferate throughout factories, further complicating labour relations.
The President of the Bangladesh Apparels Workers Federation, Towhidur Rahman, stated that while larger firms might manage, smaller ones will encounter significant difficulties.
The Sammilito Garment Sramik Federation’s President, Nazma Akter, expressed her support for the 50–500 worker criterion that was previously addressed at the TCC, applauding the amendment’s other worker-friendly provisions, like the creation of a new pay board.
