Barriers to unionization in the garment industry

According to the World Trade Organization (WTO), Bangladesh is the world’s second largest exporter of RMG. The garment sector has contributed to the transformation of lower-middle-income local economies from below-poverty levels. Despite a staggering $55 billion a year, the industry’s infrastructure is far from perfect. Be it political unrest in the country, sustainability concerns from pressure groups or worker discontent, it is riddled with problems that need urgent solutions. Not to mention that workers are paid less than the living wage, which is not inflation adjusted for skyrocketing costs.

Bangladesh has a class problem that inhibits effective conversations about the many obstacles to effective unionization in the garment industry. Without unions, it is difficult to address safety issues and to raise fair wages and improve working conditions for workers. The Labor Act 2006 regulates labor relations and workers’ rights in many sectors of Bangladesh, with a whole section devoted to trade unions and labor relations. Since the horrific Rana Plaza collapse, various amendments have been made to the legislation to ensure workplace safety, maintain health standards and improve workers’ rights and representation. In addition, provisions have been strengthened to ensure that trade union formation and registration are facilitated.

Despite the fact that this Law expressly authorizes the establishment of trade unions, a minimum of workers in one institution you need to register one. The registration process is extremely bureaucratic and involves a lot of paperwork. Under this legislation, registered trade unions have the right to represent their members and can participate in collective bargaining on behalf of their members and negotiate for higher wages, working conditions and other benefits. Employer interference by imposing any contractual obligation on employees not to join any trade union, dismissing or discriminating against employees who are members of any trade union and refusing employment on such grounds is illegal under the Labor Act 2006 .

It is established that on paper there is a complete guide to work with this in an ideal world, but the reality is far from that. The implementation is dangerous. Insufficient awareness of the workers themselves prevents them from recognizing the benefits of collective bargaining. It doesn’t help that the legislation is riddled with legal jargon that the layperson can’t understand. Garment workers also fear repercussions from employers because they see themselves as low-skilled and ready to be replaced. In this regard, employers often instill fear by reporting intimidation, harassment, and retaliation against both union organizers and workers. Historically, the government has been complicit in the mistreatment of workers because they often prioritize increasing the country’s GDP over better living standards.

At the beginning of this year, following mass protests by workers in the garment industry, the minimum wage was raised from 8300 to 12500 Tkwhile workers and unions say so 23,500 Tk there is a living wage. Even this disappointing increase came at a price the lives of four workerswhile many others were left injured. Many workers were arrested without bail. During this time, buyers of major brands such as ASOS, Hugo Boss and H&M sent letters asking suppliers to end negotiations peacefully and offer workers adequate wages. The buyers conveniently did not specify the amount the workers were demanding in those letters. So they indirectly collude with employers to mistreat these workers without bearing the costs of raising the minimum wage.

Despite the existence of a legal framework, it may be useful to simplify the process of trade union registration. Many NGOs and grassroots organizations run awareness campaigns to ensure that workers are aware of their rights to unionize. However, it is also appropriate for the government to participate in this process and reduce the unfair power dynamics between workers and employers. Employers should face penalties for engaging in intimidation or any other unfair practices designed to discourage workers from forming unions. International buyers’ pressure on employers in the garment industry must be more than just a condemnation on paper, it must be more than empty pledges to support the minimum wage, and they must confirm the exact amount that unions and workers are demanding.

Barriers to effective unionization remain a critical issue in Bangladesh, and addressing it is the first step to creating a long-overdue fair and equitable work environment for the blue-collar workers that make up the country.

Rayna Sabant is a lawyer.

The views expressed in this article are those of the author.

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