President Mohammed Shahabuddin has sent back the “Bangladesh Labour (Amendment) Bill, 2023” to the Parliament Secretariat without consent, mentioning that a clause of the Bill, passed in the last session on November 2, may create confusion.
Hence, the Bill has become invalid, and the whole process for its passage should be completed again.
It is not common for the president to return any bills. In 1998, then-president Shahabuddin Ahmed returned a Bill enacted by the Seventh Parliament.
State Minister for Labour and Employment Begum Monnuzan Sufian moved the bill in October, proposing amendments to several sections of the 2006 law. Later, it was sent to the parliamentary standing committee concerned, seeking a report in three days, and passed on November 2. Demand for seeking public review and several amendment proposals raised by the opposition lawmakers were also rejected by voice votes.
After the Bill was passed, it was sent for the president's assent on November 8 as part of the obligation to make it a law. But President Shahabuddin did not agree to the Bill and sent it back to the Parliament Secretariat on November 20 with a message.
“Section 45 of this Bill appears to create confusion. So this clause needs to be reconsidered. According to Article 80(3) of the Constitution of the People's Republic of Bangladesh, the Bill is sent back to Parliament for reassessment.”
The government took the initiative to amend the decade-old law to address specific issues, including freedom of association, rights to collective bargaining, and maternity leave. Earlier, the Ministry of Labour and Employment formed a tripartite committee to amend the law, incorporating the suggestions provided by the European Union (EU).
Asked about the president’s objection, the joint secretary of the legal wing of the National Parliament, Nazmul Haque, said: "The president has sent the Bill back with an observation. As there is no possibility of any session of the 11th Parliament, it has become null and void. As a result, it has to be tabled in Parliament again.”
The section in question, which was Section 294 of the 2006 law, deals with penalties for illegal strikes by workers and illegal lockouts by owners.
As per the previous law, any worker who conducts an illegal strike shall be liable to imprisonment for a term that may extend to six months, to a fine that may extend to Tk5,000, or both. On the other hand, any owner who commits an illegal lockout will face the same penalty.
However, in the amendment, the penalty for illegal strikes by workers has been increased to Tk20,000, but the fine remains the same in the case of owners.
According to Article 80 of the Constitution, a Bill becomes law only with the assent of the president after it is passed by the Parliament. While the president can give assent to a Bill within 15 days, s/he can also send it back with a note if s/he wants. If consent is not given within this period, it will be deemed to have been given. If the Parliament re-adopts the Bill with or without amendments, it will again go to the president for assent. In this case, the president will give his consent within seven days.
However, there is a difference in this constitutional provision in the case of the Finance Bill. Here, the assent of the president is mandatory before the Finance Bill is introduced in Parliament.