Staff Reporter :
A bill titled ‘Essential Services Bill 2023’ has been placed in Parliament keeping a provision of punishment for enforcement of ‘illegal strike’ that may hamper essential services.
The Bill was placed in Parliament on Thursday integrating the Essential Services (Maintenance) Act 1952 and the Essential Services (Second) Ordinance 1958.
State Minister for Labour and Employment Munnujan Sufian placed the bill and it was sent to the respective scrutiny committee for further examination.
The Committee was asked to submit its report within 30 days.
A person who starts or continues an illegal strike shall be punishable offence with imprisonment for a maximum of 6 months or with a fine of Tk50,000 or with both.
The bill states that, if the government deems it necessary, in the public interest, the government can prohibit lockout (total or partial closure or suspension of work by an owner) and layoff (failure of the owner to engage workers due to shortage of raw materials or stockpiling or breakdown of equipment) in any establishment once the bill was passed by the parliament.
According to the draft bill, the essential services shall mean the services which are – post and telecommunication, information and communication technology, e-commerce and other electronic or digital services; digital financial services; transmission, distribution, supply and sale of electricity and maintenance and expansion of related facilities; passenger or goods transport services by land, rail, water or air; aircraft and airport management and any other service within the purview of Bangladesh Civil and Aviation Authority, including maintenance-related
services; Port or port-related services including loading and unloading, transfer of goods at land ports, river ports, sea ports or airports; clearance of any goods or passengers – related services; anti-smuggling-related services; any establishment under the armed forces or establishment-related service and any service in connection with any establishment established or established by the armed forces for the purpose of defense of the country; any service in connection with the establishment or organisation engaged in the production of goods or goods necessary for the defense of the country; any service in connection with any government-owned or government-controlled establishment or organisation engaged in the purchase, sale, collection, storage, storage, supply or distribution of foodstuffs; government-owned or government-controlled conservation systems and water supplies or sewage-related services; hospitals, clinics, health centers or similar institutions and dispensaries – any related services; any service related to the establishment, organisation or factory engaged in drug production, supply, marketing, buying and selling and other related activities; state-owned banks and financial institutions – related services; any services relating to establishments or organizations engaged in the production, transportation, supply or distribution of coal, gas, electricity, steel and fertilisers; any oil field, oil refinery, oil storage and production of petroleum or petroleum-like substances, organisations engaged in transport, supply and distribution; any services related to minting and security printing works.
The essential services also included power generation and distribution-related activities, posts and telecommunications, railways, passenger and goods transportation through water, road and airways.
As per the proposed draft law, the government can declare the essential status of any service for maximum one year jail and Tk 1 lakh fine for violation of the law or both.
As per the bill, the management would not be allowed to lay off any factory or other establishments ‘illegally’ affecting such services that could hit hard the public.
The bill is written in Bangla from English, integrating two old laws on essential services, which now include e-commerce, internet and digital services.
The government can declare the essential status of any service for maximum six months. After the declaration, enforcement of strike or shutting off and announcement of layoff in that service, would be illegal and punishable offences, he added.
However, this law would prevail in case of any contradiction to the labour law.