Guideline for Participation Committee Development and Standardisation

Team Members:
Iqbal Hossain Naheed Irshad Rodney Reed Sumaiya Islam Syed Afzal Hasan Uddin Development of this Guideline is sponsored by IFC-SEDF, H&M, Carrefour, Levi Strauss, Lindex, Tesco International Sourcing, Disney Corporation and JC Penny

Prepared by Reed Consulting Bangladesh Ltd. www.reedconsultingbd.com Date of Submission: December 31 2011

Guideline for Participation Committee (PC) Development and Standardisation
Chapter 1 2 3 4 5 6 7 Table of Contents The purpose of the Participation Committee Membership of the Participation Committee The Office-holders of the Participation Committee The places for Management Representatives The places for Workers’ Representatives The powers of the Participation Committee compared to those of a Trades Union or in an EPZ a Workers’ Welfare Association Preparation for the formation of a Participation Committee or in preparation for new Representatives joining the Participation Committee 8 9 10 11 12 13 14 15 16 17 The duration of the Participation Committee Member Secretary of the Participation Committee Standard Documents Participation Committee Standard Procedures Election Procedure Role Description Participation Committee Member An implementation programme for the formation or development of a Participation Committee Grievance Procedure Company Suggestion Box – ‘3C Boxes’ (Comments, Complaints, Compliments) Flowchart of Participation Committee Function 28 23 26 8 9 10 13 14 16 17 8 Page 3 3 4 5 5 6

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Participation Committee Guideline
The purpose of this Participation Committee Guideline is to offer recommendations to the Proprietors of the knitwear and garment factories – these are recommendations, not requirements. The Guideline proposes that Worker Representatives employed in the factory are elected to the Participation Committee. However in factories where Employers prefer to select or nominate their Worker Representatives this is acceptable as a progression towards the democratic elections of Workers’ Representatives proposed by the Guideline.

1.
1.1 1.2 1.3 1.4 1.5 1.6 1.7

The purpose of the Participation Committee
To promote mutual trust, understanding and co-operation between the Employer and the Workers. (BLA2006) To ensure application of labour laws. (BLA2006) To foster a sense of discipline and to improve and maintain safety, occupational health and working condition. (BLA2006) To encourage vocational training, workers education and family welfare training.

(BLA2006)
To adopt measures for improvement of welfare services for the Workers and their families. (BLA2006) To fulfil production targets, improve productivity, reduce production cost and wastes and raise quality of products. (BLA2006) To enable representatives of the Workers and the Employer (the Management) of the factory to meet regularly in order to: Ensure good working relationships between the Management and the Workers. (PCG)  Improve the efficiency and productivity of the factory. (PCG) To comply with the Requirements of the Bangladesh Labour Act 2006 and the Industrial Relations Rules 1977. (PCG)

1.8

2.
2.1

Membership of the Participation Committee
Section 205 of Bangladesh Labour Act 2006 includes a provision for Participation Committees which states that ‘The Employer in a factory in which fifty or more workers are normally employed shall constitute in the prescribed manner a Participation Committee’. (BLA 2006) Where a Registered and recognised Trade Union or Trade Unions are present in the factory the Workers’ Representatives are nominated by the Trade Union or Unions.

2.2

(BLA 2006)
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2.3 2.4

2.5

2.6 2.7

2.8

2.9 2.10

Where no Trade Union is present and recognised in the factory the Workers’ Representatives are elected following the process set out in this Guideline. (PCG) According to Section 205 (3) of BLA 2006, the number of Workers’ Representatives shall not be less than the number of Management Representatives. As stated by Industrial Relations Rules, 1977 (IRR 1977) in Section 19 (2), the number of members of Participation Committee shall not be less than six and more than thirty representing various categories/classes/groups of Workers. (BLA 2006) and (IRR 1977). The number of members who comprise the Participation Committee would usually be in proportion to the number of Employees employed in the factory. Smaller factories would consider having a Participation Committee with fewer Members than in a larger one. (PCG) The duration of Membership of the Committee is two years from the date of its inception and meetings of the Participation Committee are to take place at least once in every two months. (BLA 2006 ) and (IRR 1977) All the representatives on the Participation Committee are persons considered acceptable to all Staff and Workers in the factory. (PCG) There are Worker Representatives from all Sections in order to communicate the recommendations and decisions of the Participation Committee as widely as possible within the factory. (PCG) All levels of Management are represented so that the Participation Committee’s recommendations and decisions are communicated and accepted as widely as possible. (PCG) Under Section 31 (2) of IRR 1977 in order to have a quorum, 50% of the Representatives from the Managers and the Workers are to be present. (IRR 1977) If any member fails to attend three consecutive meetings without giving a good reason will lose his or her membership of the committee. This ‘casual vacancy’ will be filled by election for a Worker Representative, when a factory chooses to fill the Workers’ Representatives places on a Participation Committee by election and by Employer nomination for a Management Representative. (PCG)

3.
3.1

The Office-holders of the Participation Committee
The Chairman of the Participation Committee is the Head of the Company. In the absence of the Participation Committee Chairman, the Vice Chairman (Workers’ Representative) of the Committee Chairs the Meeting. (IRR 1977) The Chairman’s role is to ensure the smooth functioning of the committee, to make sure sufficient attention is given to all Agenda items and to enable all Representatives to take a full part in those discussions. (PCG) The Vice Chairman’s role is to support the Participation Committee Chairman in his role and to take over as Chairman of the Participation Committee in the absence of the Committee Chairman. (PCG)
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3.2

3.3

3.4

The Factory Personnel Officer or Welfare Officer from among the Management’s representatives on the Committee shall act as Member Secretary and will be responsible for keeping records of the meetings of Participation Committee Section 29 (3) of IRR, 1977 – i.e. someone with suitable skills and with access to wordprocessing and photocopying facilities. (IRR 1977)

4.
4.1

The places for Management Representatives
The Employer nominates the required number of Managers to the Committee to ensure there are adequate senior level management representatives from all sections of the factory. (PCG) The Management Representatives are drawn from key sections and factory departments including Human Resources, Social Compliance, Production and Maintenance. (PCG) The nomination process ensures that the Management Representatives of the Committee are acceptable both to the Workers and to the senior management of the company. (PCG) When selecting Management Representatives the following criteria are taken into consideration:o Length of time employed by the Company; o Experience; o Performance; o Leadership ability, aptitude, capability, skills. (PCG) The Employer may replace any of their Management Representatives if they prove unsuitable for the role or if an emergency situation arises such as:o Leaving the company; o Illness or other incapacity; o Leadership ability, aptitude, capability, skills. (PCG)

4.2

4.3

4.4

4.5

5.

The places for Workers’ Representatives

When a factory chooses to fill the Workers’ Representatives places on a Participation Committee by elections the following process may be followed:5.1 An Election Committee comprising equal number of Management and Workers’ Representatives facilitates a secret ballot in all of the sections of the factory in order to elect the Workers’ Representatives. (IRR 1977) The Election Committee decides the number of Workers’ Representatives allocated for each section and department in proportion to the number of Workers employed in those sections. (PCG)
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5.2

5.3 5.4

5.5 5.6 5.7 5.8

The total number of Workers’ Representatives on the Participation Committee shall not be less than the number of Management Representatives. (BLA 2006) The factory Management invites and encourages Workers from all sections to stand for election. The Election Committee attempts to ensure there is representation on the Participation Committee from all sections of the factory. (PCG) The number of male and female Workers’ Representatives is proportionate to the number of the male and female Workers employed in the factory. (PCG) The number of Workers’ Representatives enables participation from each of the key sections and is proportionate to the size of the section. (PCG) Any Worker 21 years of age or older is eligible to become a Worker Representative if they have been employed for not less than one year in the factory. (IRR 1977) If a Worker’s Representative leaves the company, or fails to attend three consecutive meeting without giving a good reason of or becomes unavailable for meetings this casual vacancy is filled by a secret ballot held in the section or department concerned. (IRR 1977) and (PCG)

When the Employers choose to fill the Workers’ Representatives places on a Participation Committee by selection or nomination, the factory will follow its own processes until sufficient training and capacity building has been carried out with the Workers in order for a democratic election process to take place.

6.

The powers of the Participation Committee compared to those of a Trades Union or in an EPZ to the Workers’ Welfare Association
Section 176 of the Bangladesh Labour Act (BLA) 2006 states that all Workers have the right to form Trade Unions primarily for the purpose of regulating the relations between Workers and employers or Workers and Workers and, subject to the constitution of the union concerned, to join a Trade Union of their own choice. (BLA

6.1

2006)
  The above referred Section permits Workers to have their own Trade Union and it permits Employers to form their own Trade Unions. Practically in Workers Trade Union there is no representation in the membership from the Employer’s side whereas a Participation Committee is formed with representatives of the Employer and the Workers. Regardless of any Trade Union, an Employer is under obligation to constitute a Participation Committee where there are more than 50 Workers under Section 205 of the BLA; whereas for Trade Unions the Employer does not have such obligation to establish such a Trade Union.
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

In a factory, even if there is a Trade Union, a Participation Committee needs to be constituted if there are more than 50 Workers. Section 205(4) of the BLA states that if a Registered Trade Union or Unions are present the representatives of the Workers in the Participation Committee shall be appointed on the basis of nomination given by the Trade Unions in the factory.  A Trade Union needs to be registered with the Director of Labour whereas Participation Committee does not have to follow such a requirement.  Under Section 208 Trade Unions have been given implementing powers unlike the Participation Committee as it is stated that the Employer and the registered Trade Union shall take necessary measures to implement the specific recommendations of the Participation Committee within the period specified by the committee. If, for any reason, the Employer or the registered Trade Union finds it difficult to implement the recommendations within the specified period, he or it shall inform the committee about it and make all out efforts to implement the same as early as possible. Where there is no Trade Union the obligation of implementation of the recommendations of the Participation Committee lies with the Employer. 6.2 Section 2 (15) Trade Union means Trade Union of Workers or employers formed and registered under Chapter XIII of the BLA 2006 and shall also include a federation of Trade Unions. (BLA 2006) 6.3 In July 2004, the EPZ Workers Association and Industrial Relations Act (Amended October 2010) was passed to establish a new parallel labour regime in the EPZ with strengthened worker rights, in line with ILO standards. The Act provided for the formation of formal Trade Unions at the enterprise levels from November 1, 2006, as a form of Workers Association, now referred to as Workers’ Welfare Association (WWA). The EPZ Workers’ Welfare Association and Industrial Relationship Law 2010 replaced the previous Act of 2004. (The Bangladesh Export Processing Zones



Workers’ Welfare Association and Industrial Relationship Law 2010)
6.4 Though it is expected that every enterprise should have a WWA, all factories are not eligible to have a WWA. According to the BEPZA law a new industrial unit should have minimum 3 months commercial involvement to be eligible for having a WWA. Otherwise that industry will not be eligible for starting WWA. However to be eligible as a candidate of the governing body member of WWA, a worker needs to be a permanent worker which takes 9 months employment in a factory. Therefore, a new factory actually cannot become eligible to have a WWA before 9 months in operation. Any worker working in a particular factory can be a voter (from the day of joining that factory). When a factory becomes eligible, then with the consensus of 30% of the Workers it can apply to form a WWA; then BEPZA arranges for a referendum in that factory to gather the opinion of the Workers on whether they want a WWA. If a majority (more than 50%) of Workers vote in favour of a WWA then the election process starts and ultimately a WWA is formed. (The Bangladesh

Export Processing Zones Workers’ Welfare Association and Industrial Relationship Law 2010)
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6.5

From 1 November 2006, the Workers in an industrial unit in a Zone have the right to form Welfare Society’s to engage themselves in industrial relations matters and functions. Every Employer (company) in a Zone shall have a Workers’ Welfare Association (WWA) under it. The procedure to establish a WWA is through application by at least 30% of the eligible Workers of a unit to the Executive Chairman of the concerned EPZ. Subsequent to the application a referendum shall be held to find out whether 50% of the Workers have cast votes and that 50% of such votes are in favour of formation of a WWA. If that is the case the Workers can form a WWA. The WWA shall have a constitution and must strictly adhere to the provisions of the constitution. The Executive Chairman of the EPZ shall register the WWA. The revised Act 2010 does not set an end date for the existence of a WWA the 2010 Act extends it indefinitely. (The Bangladesh Export Processing Zones

Authority Act 2004 and the Bangladesh Export Processing Zones Workers’ Welfare Association and Industrial Relationship Law 2010)

7.

Preparation for the formation of a Participation Committee or in preparation for new Representatives joining the Participation Committee
Management briefs all Workers about the importance of the Workers’ Representative in the Participation Committee before the places for the Workers’ Representatives on the Participation Committee are filled (e.g. Workers behaviour, timeliness, communication skill, understanding the needs and expectations of the other Workers). (PCG) Prior to first formation of a Participation Committee and in preparation for new Representatives joining appropriate training and capacity building activities are carried out with the Workers’ Representatives and the nominated Management Representatives. (PCG)

7.1

7.2

8. The duration of the Participation Committee
8.1 8.2 8.3 The Participation Committee is time bound to two years. (IRR 1977) Representatives from the Management and the Workers cannot usually serve for a period exceeding two years unless they are reappointed or are re-elected. (PCG) Once a Participation Committee has completed its two year term Members are immediately eligible for consideration to join new the committee if they are Workers’ Representatives or may be re-appointment if they are Management Representatives. (PCG)

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9.
9.1

Member Secretary of the Participation Committee
The duties of the ‘Member Secretary’ include:- (PCG) a. Prior to each meeting distribute the Agenda and other relevant information to ensure the Participation Committee Members are aware of the purpose of the meeting and so they can prepare and be able to fully participate. b. Facilitate the calling of the meetings at least once every two months. c. Prepare an Agenda for each meeting in discussion with the Committee Chairman (Managers Representative) and Vice Chairman (Workers’ Representative) and display a copy of the Agenda on the notice board of each section and department of the factory giving not less than three days’ notice of the meeting to be held. d. Record and keep all Participation Committee Minutes and other papers and files. e. Collect the signatures of all Participation Committee Members to signify their acceptance of the accuracy of the minutes of the meeting. f. Distribute the minutes to all Representatives and display a copy on the notice-board of each section and department of the factory. g. Follow up on mutual agreed decisions and recommendations with the Committee Chairman (Managers’ Representative) and Vice Chairman (Workers’ Representative). h. Drawing up and keeping a Register of the Participation Committee Members. i. Displaying photographs of the Workers’ Representatives and the Managements Representatives together with their names and their department’s on notice-boards in each department of the factory and next to each Suggestion Box. j. Updating these photo membership lists when changes occur to Worker or Management Representatives. k. Ensure that at the start of each meeting all Members attending sign a form stating confirming their attendance at the meeting. This form is kept by the Secretary of the committee as a record of attendance and it is also be used as a prompt for the circulation of the minutes. l. Prepare for and follow up any emergency meetings held of the Participation Committee. m. The Notes or Minutes – the proceedings of every such meeting shall be submitted to the Director of Labour who will also act Conciliator in any industrial dispute within 7 days of the date of the meeting. (Section 317 of BLA 2006)

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10. Standard Documents (PCG)
Attendance list for the ABC Textiles Participation Committee Date: Sl. Time: Venue: Conference room or other room at the factory Department Designation Signature

Name of Participation Committee Representative Management Worker

1 2 3

29 30

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Notice of the calling of a meeting of the ABC Textiles Participation Committee and the Agenda Notice and Agenda of a Meeting of the ABC Textiles Scheduled date Participation Committee To Worker’s Insert names here Start time Representatives To Management Insert names here Venue Representatives Display on the following Insert details of places here factory Notice Boards

AGENDA TOPIC
All participants sign the ‘Attendance List’
1

Time allocation

2

3

Welcome and Opening Comments – Participation 5 minutes Committee Chairman (usually the Head of the Company) Including an overview of the current situation in the factory – including Production and Orders To review the notes of the previous meeting (which would 16 minutes have already been accepted by the Participation Committee Members by signature within three days of the previous meeting) To consider items placed on the Agenda through the 15 minutes Company Complaint/Suggestion Box provided they are relevant to a group of Workers and are not specific to an individual (in which case the Suggestion/Complaint would initially

be dealt with by a Company Welfare Officer)
4 5 6 7 8 9

10

To consider items placed on the Agenda by Workers’ Representatives To consider items placed on the Agenda by Management Representatives To consider ways to improve the welfare of the factory Workers To consider ways to improve factory efficiency and productivity Training Session for PC Members To discuss Any Other Business, raised with the prior permission of the Participation Committee Chairman, by Workers’ Representatives or Management Representatives To set the date for the next meeting of the ABC Textiles Participation Committee

15 minutes 15 minutes 10 minutes 10 minutes 10 minutes 5 minutes

1 minute

Agenda prepared and circulated by Mr/Ms ................................ Member Secretary of the ABC Textiles Participation Committee
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Date circulated (not less than 7 days before the scheduled meeting date)

Minutes of a Meeting of the ABC Textiles Participation Committee
Date held Start and Finish Time Venue Chair of the Meeting
Action to be taken by (initials) Agreed Deadline date for implementation

Agenda

Deliberations and Decisions of the ABC Textiles Participation Committee

Signing the ‘Attendance List’ 1 2 Welcome and Opening Comments – Participation Committee Chairman Actions arising from the notes of the previous meeting Discussion of items from the Company Complaint/Suggestion Box relevant to a group of Workers Discussion of Agenda items from Workers’ Representatives Discussion of Agenda items from Management Representatives Ways to improve the welfare of the factory Workers Ways to improve factory efficiency and productivity Notes of the Training Session Any Other Business, Date for the next meeting of the ABC Textiles Participation Committee

3

4 5 6 7 8 9 10

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Signed to give consent to the accuracy of the minutes (within three days of the meeting being held)
Serial 1 2 3 Name of Workers’ Representative Name of Management Representative Signature

29 30

Minutes prepared and circulated by Mr/Ms

Member Secretary

11. Participation Committee Standard Procedures
11.1 11.2 Meetings of the Participation Committee are held not less frequently than once every two months. (BLA 2006) The Participation Committee meeting takes place during working hours and Workers’ Representatives and Managers’ Representatives are paid at their usual pay rates for attendance at the meeting. (PCG) Notes are taken during the meeting by the Member Secretary of the Committee and a draft copy of these Minutes is produced and shown to all Participation Committee Members within three days of the Participation Committee meeting. (BLA 2006) Following the general agreement of the Minutes by Participation Committee Members the notes are transcribed into a book kept for that purpose or are word processed and kept in a designated file. The final version is signed by all the Participation Committee Members within three days of the meeting being held to demonstrate it is an accurate record of the discussion, recommendations and decisions taken at the Participation Committee. (PCG) a. A copy of the Minutes is sent to the Employer b. A copy of the Minutes is kept for compliance, internal and external audits c. A copy of these Minutes is displayed on the Workers notice boards in each floor or other working area of the factory.

11.3

11.4

13

11.5

11.6

11.7 11.8

d. A summary of the outcome of the Participation Committee is read over the factory P.A. system by a factory Member Secretary as soon as the Minutes are agreed and signed. Recommendations and decisions taken at the Participation Committee that need to be agreed by the Employer are passed on to the Employer by Chairman of the Participation Committee. The subsequent decision is passed to the Worker Representatives by the Management Representatives for implementation on a Department by Department basis, unless the notification of the decision can wait for the next scheduled meeting of the Participation Committee. (PCG) Where a registered and recognised Trade Union is present in the factory and has nominated the Workers’ Representatives to the Participation Committee the management and the registered Trade Union shall take necessary measures to implement the specific recommendations of the Participation Committee within the period specified by the committee. If, for any reason, the management or the registered Trade Union finds it difficult to implement the recommendations within the specified period, he or it shall inform the Participation Committee about it and make all out efforts to implement the same as early as possible. (BLA 2006) In the absence of a registered Trade Union the duty to implement the decisions of the Participation Committee lies with the Employer. (BLA 2006) The Employer and his Managers agree that their treatment of or attitude towards Workers who are Workers’ Representatives on the Participation Committee will be fair and that no victimisation or disciplinary measures will be taken against Workers’ Representatives for views expressed on behalf of Workers at the Participation Committee or in the course of Participation Committee duties. If there is a breach of this Agreement the Worker Representatives concerned can seek redress from the Director of Labour acting in his role as Conciliator and or from the Labour Court.

(BLA 2006)

12. Election Procedure
If the Employer chooses to fill the Workers’ Representatives places by a democratic election the following processes may be followed:12.1 12.2 12.3 The Employer displays a notice on the factory notice board and gives adequate publicity among the Workers of the election to be held. Section 25 (1) of IRR, 1977 No member of the Election Committee is permitted to stand for election at the time of being an Election Committee member. (PCG) Before the elections for the first formation of a Participation Committee and in advance of any election for replacement Workers’ Representatives training is provided by the Welfare Officer and Human Resources Department of the factory

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12.4

12.5

12.6 12.7 12.8

in order that the role of the Participation Committee and nomination and voting process are clearly understood. (PCG) Copies of voter list are simultaneously displayed on the factory notice board and also in other conspicuous places. A copy of this list is forwarded to the Director of Labour. Section 25 (2) of IRR, 1977. The Employer forms an Election Committee consisting of an equal number of representatives of the Management and Workers. A copy of this Election Committee is forwarded to the Director of Labour. The Election Committee fixes a date for the Election. Section 25 (3) of IRR, 1977. Any Worker employed in the factory 21 years of age or older and with service of not less than one year in the factory is eligible to stand for election. (IRR, 1977) Any Worker (other than casual and badly) employed for three months or more in the factory is entitled to vote. Section 24 of IRR, 1977. The Participation Committee size is kept to the minimum necessary number of Representatives. Under Section 19 (2) of IRR, 1977, the number of members of Participation Committee shall not be less than six and no more than thirty persons representing various categories/classes/groups of Workers. Each Worker standing for Election provides the following information: Gender Age

Name Department

Length of Service and Working Experience Photograph in the company

12.9 Voting takes place by secret ballot (PCG) 12.10 The Election Committee factory take cares of the following electoral matters: o Within seven days of the notice of the election seeks for nominations of candidates (IRR 1977) o Scrutinises nomination papers (IRR 1977) o Has a procedure for resolving any objection on the inclusion of names (PCG) o Within seven days arranges the election by secret ballot (PCG) o Arranges places for voting and for the counting of the votes (PCG) o Announces the results of the election (PCG) 12.11 The Workers’ Representatives obtaining the highest numbers of votes are deemed to have been elected to fill the places available on the Participation Committee. No minimum number of votes or percentage of votes is needed. (PCG) 12.12 The Election Committee conducts the ballot and counts the votes and a representative employed in the factory nominated by each candidate is invited to observe the count. (PCG)

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12.13 The results of the ballot are announced on the day of the ballot over the factory Public Address system and by displaying the names of the successful candidates on the Workers notice boards in each floor or department of the factory. (PCG) 12.14 Should there be two or more candidates tying for one available place then a second ballot takes place on the day immediately following the first ballot. Only the candidates tying are permitted to stand in this run-off election. The result of this run-off election is announced to the Workers and the successful candidate’s name is displayed on the factory notice board. (PCG) 12.15 After the election is completed a notice is placed on the Workers notice board in all areas of the factory showing the photographs, names and work locations of all of the Worker Representatives and all of the Management Representatives on the Participation Committee. (PCG) 12.16 Following an election to fill casual vacancy or the appointment of a replacement Management Representative a notice is placed on the worker’s notice boards with the photograph, name and department details of all of the Workers and Management Representatives. (PCG) 12.17 Management representatives on the Participation Committee join when nominated by the Employer and may be reappointed after serving for two years on the Participation Committee. (PCG) If the Employer chooses to fill the places for Workers’ Representatives by nomination or selection the factories usual processes will be followed.

13. Role Description Participation Committee Member 13.1 Worker Representative (PCG)

Key Function – ensuring good communication between management and Workers in the factory. Task 1 – Receives comments, complaints and concerns from fellow Employees either in person or from the suggestions box. Task 2 – Prepares Agenda items based on the suggestions, complaints or comments of the Workers to discuss in the Committee. Task 3 – Gives items for the agenda to the Participation Committee Secretary. Task 4 – Attends meetings regularly and on time. Task 5 – Takes a full part in the discussion and the forming of recommendations and decisions by the Participation Committee. Task 6 – Signs to agree that the minutes prepared of the meeting are correct. Task 7 – Communicates the outcome of the meeting to Workers in the factory.
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13.2

Management Representative

(PCG)

Key Function – ensuring good communication between management and Workers in the factory. Task 1 – Represents the views and opinions of the Employer at the Participation Committee. Task 2 – Agrees items for the agenda with the Participation Committee Secretary. Task 3 – Enables the Workers’ Representatives to play a full part in the Participation Committee and supports them in order that they can express the Workers views fully. Task 4 – Attend meetings regularly and on time. Task 5 – Takes a full part in the discussion and the forming of recommendations and decisions by the Participation Committee. Task 6 – Signs to agree that the minutes prepared of the meeting are correct. Task 7 – Communicates the recommendations and decisions of the Participation Committee to the Employer and relays any subsequent comments relating to implementation procedure or measures of the Employer to the Participation Committee either at the next meeting or to each member of the Participation Committee in the time between meetings.

14. An implementation programme for the formation or development of a Participation Committee
Attached to this Participation Committee Guideline is a ‘PC Resources DVD’ containing video clips and Power Point Presentations of 10-minute training presentations on key skills and knowledge topics for Participation Committee Members. This ‘PC Resources DVD’ also contains pdf files of useful documents including those that form part of this Guideline.

(PCG)
14.1 Participants in the Stakeholder Consultation and respondents in the initial survey of the ten factories made it clear that a significant amount of preparatory work was needed in order for a Participation Committee to be formed and to function effectively. (PCG) So that an effective Participation Committee can be formed in a RMG factory, preparatory training and capacity building will need to be carried out involving all of the Workers and the Managers of the factory. The Workers will need to be made aware of their responsibilities as Employees of the factory as well as the rights they have conferred on them by the Bangladesh Labour Laws. (PCG) The candidates for Workers’ Representative and Management Representative on the Participation Committee will need to have their intended roles and
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14.2

14.3

14.4

14.5

14.6

14.7

responsibilities and duties made clear to them before joining the Committee whether they intend to join as Workers’ Representatives following an election or are nominated as Management Representatives. This preparatory work is needed in order to make clear the role and function, and the limits, of a Participation Committee and to bring consistency to the Participation Committee work-plan and to develop an effective Participation Committee for the factory. (PCG) A necessary first step in preparing for this training is to identify the gaps or weaknesses in the understanding or the skills of the Representatives and then to fill those gaps with relevant training delivered with a range of appropriate methods. One of the most important factors is to enable the factory handle change and to make Participation Committee more effective. (PCG) When a Participation Committee is first formed or when new Worker or Management Representatives join there will need to be training to enable the representatives to be able to contribute fully to the Committee as it functions and also to enable them to understand the role and duties and also the limits of the Participation Committee and its proper agenda topics. (PCG) Role plays, ‘industrial drama’, role modelling exercises, self-development programs and the discussion of ideas from current factory practices are obvious methods for semi-literate or perhaps illiterate Workers to be able to engage with and benefit from capacity building and training in preparation for taking their place on the Participation Committee. More formal method including seminars and interactive training workshops are of course also useful in larger group settings. Mentoring also offer opportunities for more experienced ‘Representatives’ to guide and encourage others. Expert coaching is also useful in creating a good environment for new Participation Committee or helping to overcome any problems encountered by Members of an existing Participation Committee. (PCG) This Participation Committee Guideline has not set out to establish a minimum level of education which a Worker or Manager must have completed before being eligible for a seat on the factory Participation Committee but basic and functional literacy will be a necessary pre-requisite for representatives on Participation Committees.

(PCG)
14.8 The training and capacity building methods used with reasonably well educated Managers (the Management Representatives) and for less well educated Workers’ Representatives will need to be of a different type. A range of training tools and other relevant materials are included in the ‘PC Resources DVD’. (PCG) There are generally three situations in which Participation Committee training or capacity building will be required:  A factory with no Participation Committee  A factory with an ineffective Participation Committee  A factory with an effective and functioning Participation Committee needing to fill vacancies mid way through the two year ‘life’ of the Participation Committee(PCG)
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14.9

Before a Participation Committee is formed in the factory: 14.10 This Guideline recommends that training takes place at different times before and after forming the PC. It is recommended that training will take place immediately after the formation of a PC and during each Participation Committee meeting. (PCG) 14.11 The content of the training (and the video clips and PowerPoints included in the ‘PC Resources DVD’) to be delivered in order to enable a Participation Committee to run effectively in the factory includes: Labour Law  Self motivation and motivating others  Benefits of PC  Group work and team working skill  Roles and Responsibilities of  Leadership skills Representatives  Co-worker counselling  Negotiation skill  Personal Capacity:  Reasoning ability  Confidence  Handling conflict  Assertiveness  Communication skills  Listening skills  Assertiveness  Evaluation and checking on progress made and decisions implemented (PCG) 14.12 Some of the methods of providing training included in the ‘PC Resources DVD’ are  Coaching  Industrial drama performed by professional  Mentoring actors and with ‘audience participation  Counselling  Video/film/DVD  Training seminars  Cartoons  Interactive workshops  Flash cards  Role play  Posters (PCG) 14.13 Before training is to be delivered to Employees regarding Participation Committees careful consideration should be given to: The kind and content of training to be provided  The methods of delivering training  Who needs what type of training (e.g. some of the training may be needed for Workers and Managers, some only for the Workers)  Timing of delivering the training  The maximum number of the participants for each session  The number of sessions needed for the training to be effective in changing attitudes and behaviour in addition to passing on information and new knowledge (PCG) 14.14 Before a Participation Committee is formed, awareness raising training should be given to all Workers and Managers of the factory. When the employers intend to fill Workers’ Representatives places by election, this training will outline the democratic election process and the role and duties (and limits) of a Participation Committee and the duties and responsibilities of Workers’ Representatives and the Managements Representatives. (PCG)
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14.15 For General Workers: if the factory has no Participation Committee it can be assumed that the Workers have little idea of the purpose and objective of forming a Participation Committee and know little about the roles and responsibilities of the Workers and Managements Representatives. It might also be the situation that these Workers are not aware regarding their legal rights in forming a Participation Committee. When the employers decide to fill the places for Workers’ Representatives by a democratic election, this Participation Committee Guideline recommends the running of a preparatory workshop, seminar or training for the general Workers for better understanding of the following areas. If the employers decide to fill the Workers’ Representatives places by selection and nomination a majority of the following areas of training and capacity building are still valid.  Rights and responsibilities of Workers in Bangladesh Labour Law  Introducing a PC o Benefits of forming a Participation Committee o Functions of a Participation Committee o How to form a Participation Committee – rights and responsibilities of the members of the Election Committee o Roles and Responsibilities of Workers’ Representatives in order to have an effective Participation Committee o Clear idea of democratic election process (PCG) 14.16 For the Management Representatives – the factory Management:  Introducing a Participation Committee o Benefits of forming a Participation Committee o Functions of a Participation Committee o How to form a Participation Committee – election procedure, rights and responsibilities of the members of the Election Committee o Roles and Responsibilities of the Management Representatives in order to run an effective Participation Committee (PCG) After the formation of a Participation Committee the following actions are recommended: 14.17 Training for the Workers’ Representatives in order to develop these new Workers’ Representatives in their new roles. Various types of training can be provided so they can easily understand their roles and responsibilities. Training can be provided in the following way:i. Detailed information is provided regarding the Labour Law and Acts so that the elected Worker Representatives have a clear idea about Participation Committees and the Labour Laws. So that they understand clearly different training methods can be used such as videos, cartoons, dramas, and role play. ii. Roles and responsibilities of the Workers’ Representatives are discussed in detail with them so that they can take on the responsibility they have been elected to
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carry. The trainers may use interactive methods e.g. role play and visual training methods e.g. flash cards as methods to engage the Workers in their duties as Worker Representatives and enable them to find out how they can react in different situations. iii. The Workers’ Representatives will be provided training in communication skills so that they can readily work with Management Representatives at the Participation Committee, topics covered would include: How to communicate  Choosing the right words  Using the right tone of voice  Listening with understanding iv. Workers’ Representatives will also need negotiation skills and problem solving skills. This training for Workers’ Representatives includes how to negotiate in a way that everyone (management and Workers side) is in a win-win situation. v. Workers’ Representatives will be provided assertiveness training so that their personal capacity is increased and they are more confident regarding their roles and responsibilities. Assertive behaviour is necessary so that the Worker Representatives will be able to debate and convince their colleagues about the decisions of the Participation Committee and also to be able to communicate and negotiate with the Employer’s Representatives on the Participation Committee. vi. These representatives will be provided training in motivational skills so that they can motivate the general Workers about engaging with the Participation Committee as well motivating themselves in their role as Workers’ Representatives. Management recognition of the importance of the role of these Workers’ Representatives is also necessary to increase motivation of the Workers. vii. The Workers’ Representatives will also need training in leadership skills in order to gather together the views of the other Workers in advance of the meetings of the Participation Committee and in order to disseminate the decisions of the Committee and to have those decisions accepted by their fellow Workers. (PCG) 14.18 Training for the nominated Management Representatives:i. The Managers who represent the Employer on the Participation Committee need to be trained in order to adapt to the new relationship that will exist between them at the Participation Committee compared to the relationship that usually exists between them as line Managers or supervisors of these same Workers on the production floors. ii. Because of this changed relationship at the Participation Committee Managers may need training in negotiation skills and in different kinds of communication skills. iii. The Participation Committee Clauses in the Bangladesh Labour Act 2006 and the Industrial Relations Rules 1997 will need to be familiar to the Managements’
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Representatives as these form the basis of the factory Participation Committee functioning and so additional training may be necessary. iv. Because the Managing Director of the Company is to be the Chairman of the Participation Committee the Management’s Representatives will need to be in a constructive relationship with him in order that recommendations from the Committee and decisions made can be swiftly implemented or reasons given for non-implementation e.g. budget limitations. (PCG) 14.19 Training held jointly for Workers’ Representatives and Management’s Representatives:i. In order to avoid a Participation Committee splitting into two ‘parties’ training will need to be provided in team working skills. ii. Because Workers’ Representatives will sit around the table having equal status with the Management’s Representatives who are still their Managers training and facilitation may be needed in order for a constructive and productive discussion to take place in order to overcome the power imbalance that will otherwise exist between Senior Managers and Production Workers at the Committee. iii. Training will be necessary in listening skills and in enabling others to participate and for their views to be heard. iv. Negotiation Skills including handling conflict will be a key component of training provided. v. In order for the Participation Committee to run smoothly, training will be needed in committee skills e.g. – timekeeping, following an agenda, identifying the person to implement a specific decision and the deadline for implementation. vi. The committee skills training would also include steps to form an agreement to keep the detail of the Participation Committee discussions confidential to the Representatives and to publicise and support the decisions of the Participation Committee. (PCG) A training session during every Participation Committee meeting 14.20 Using topics and training resources from the ‘PC Resources DVD’ including: Labour Law  Self motivation and motivating others  Benefits of PC  Group work and team working skill  Roles and Responsibilities of  Leadership skills Representatives  Co-worker counselling  Negotiation skill  Personal Capacity:  Reasoning ability  Confidence  Handling conflict  Assertiveness  Communication skills  Listening skills  Assertiveness  Evaluation and checking on progress made and decisions implemented (PCG)
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15. Grievance Procedure

(PCG)

In addition to the Participation Committee and as support to its effective functioning:15.1 Workers make any Grievances (which must be work related) known to factory management using the Suggestion Boxes (3C Boxes), or by a direct approach to an immediate supervisor or by an approach to a Welfare Officer. Using the process detailed in the Human Resources Section of the company SOP. Individual Grievances (which must be work related) which on investigation are found to be valid – after following the SOP processes – and which relate to an individual are handled by a factory Welfare Officer supervised by the company HR manager. Any individual grievances not resolved at this level are then referred to the Managing Director (or in the event he is unavailable to an ED or Director of the company) for further investigation and action to resolve the grievance. Group or commonly held Grievances (which must be work related) are placed on the Agenda for discussion at the next scheduled Participation Committee meeting. If the Grievance concerns something considered urgent then a special meeting of the Participation Committee may be convened to investigate and discuss and resolve it. Grievance Handling Policy

15.2

15.3

15.4

Purpose: 1. Established a structured grievance system to ensure employee/Workers. 2. To deal with employee complaints and to resolve problem. Procedure Training on how to hear a complaint  How to compile all data  How to relate data with facts  How to write informal procedure  Formal Procedure o Step 1 o Step 2 o Step 3 o Step 4  How to handle any Final Appeal fair treatment of

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Guideline for Grievance Hearing At any level of the grievance process, manager should follow these principles: 1. 2. 3. 4. Listen. Make sure the complaint is understood. Check out all available records including records of attendance, overtime etc. Check on the proper explanation of any policies or contract provisions. When in doubt, consult the HR, and/or Compliance Managers. 5. In preparing an answer ensure the resolution is based on all the facts and is consistent with all the policies and other requirements involved. Beware of personal interpretations which might cause problems when applied to other parts of the company. Consult the HR/Compliance Managers or Welfare Officer for advice. 6. If neither the employee nor the company is clearly at fault, give the benefit of the doubt to the employee. Informal Procedure  Whenever possible, the company expects line Manager and the employee to resolve problems cordially and informally, since the processing of formal grievance filings is costly in terms of legal expenses, lost productivity and stressed working relation.

Formal Filing Procedure An employee wishing to file under this procedure shall process as follows: Step 1.  An employee (both Management & Workers) having a grievance or problem should approach his/ her line manager within two weeks of the incident giving rise to a grievance. The grievance should be in writing in a prescribed.



Step 2.  On receiving the grievance, the line manager will study it, prepare himself and schedule a Level I Counselling Session (The first meeting between the line manager and the worker seeking a solution to the grievance, has been termed as Level I Session) within 3 days of receiving the grievance. If a satisfactory solution is found in Level I Session, it should be explained to him/ her and relevant entries should be made, either in English or Bangla in the presence of the employee seeking a solution to the grievance.
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

Step 3.  If a satisfactory solution is not found in the Level-I session, the employee has the right to forward the original grievance (Grievance Review Request-Appeal) to the Departmental head.

Step 4.  Grievance Review Request Final Appeal – The decision will generally be made within two weeks after receipt of the appeal notice and represents the final decision of the company. Basic Grievance Procedure

15.5

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16. Company Suggestion Box – ‘3C Boxes’ (Comments, Complaints, Compliments) (PCG)
In addition to the Participation Committee and as support to its effective functioning:16.1 16.2 16.3 16.4 The factory maintains Boxes in places that are easily accessible to all Workers. The Boxes are kept in confidential places to encourage full use for comments, compliments and complaints. The Boxes are opened weekly by a company Welfare Officer and a Workers’ Representative nominated by the Participation Committee. Items entered in the Boxes that are of a personal nature are handled by the Welfare Officer and other members of the Human Resources Department as appropriate. Items that are of general interest or involve groups of Workers are listed for discussion at the next Participation Committee. Individuals making use of the box for their complaints, concerns or compliments are acknowledged and then feedback after the item is considered. Items that come in through the company Suggestion Boxes that cannot be resolved by a company Welfare Officer, the company Human Resources Department or by discussion at the Participation Committee are referred to the Managing Director for action.

16.5 16.6 16.7

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17. Flow Chart of PC Function

(PCG)
Participation Committee (PC) Chairman (Employer) Vice Chairman (Workers’ Representative) Members (Employers’ and Workers’ Representatives) *Meeting to be held once every 2 months

When a factory chooses to fill the Workers’ Representatives places on a Participation Committee by elections the following process may be followed. If the Employer chooses to fill the places for Workers’ Representatives by nomination or selection the factories usual processes will be followed. Form Election Committee (EC) (Equal Representation from both Employer and Worker side) * No member of EC can be the member of PC Fix and announce a date for the election and display on the factory notice boards Within seven days of the notice of the election seeks for nominations of candidates Educate the workers about the election and how to submit the application form for nomination Scrutinise the nomination paper (Any Worker employed in the factory 21 years of age or older and with service of not less than one year in the factory is eligible to stand for election) Resolve the objection (if any) on the inclusion of names as per procedure

Management Representative One Member Secretary + Others
Represents the views and opinions of the Employer at the PC Enables the Workers’ Representatives to play a full part in the PC and supports them in order that they can express the workers views fully Member Secretary prepares agenda after collecting the items from Workers’ Representatives and then other representatives agree items for the agenda with the Member Secretary Takes a full part in the discussion and the forming of recommendations and decisions by the PC

Workers’ Representative

Represents the views and opinions of the Workers at the PC

Receives comments, complaints and concerns from workers either in person or from the suggestion 3C box

Give items for the agenda to the Member Secretary Takes a full part in the discussion and the forming of recommendations and decisions by the PC

Display the names of the nominated Worker candidates into the notice board Organise Transparent Ballot Box, Ballot Paper and other necessary equipment Arranges places for voting and for the counting of the votes Within seven day of announcing the election date arrange for the election by secret ballot Count the votes and announce the results of the election Allocate the responsibilities of PC to the new PC members

Signs to agree that the minutes prepared of the meeting are correct

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Communicates the recommendations and decisions of the PC to the Employer

Member Secretary communicates the outcome of the meeting to workers in the factory via P.A system and Notice Board

Communicates the outcome of the meeting to workers in the factory verbally

Workers