The Operative Functions of Personnel Management: A comparison between USA & Bangladesh -Jeba Samiha

Since the birth of Bangladesh so many laws & regulations have been made in order to make our civil service system work. British rule ended in 1947. But their policy is still now active and that’s also prevailing in our administration system. To make it function better, our personnel administration needs a strainer to provide a glass like transparent regulatory system which will lead our civil service system ahead of time. For this we need to compare our running system with other developed nations.

When we’ll be able to find all lacking in the previous regulations and switch those with the effective one then, it will be a step toward a new route of development. There are six operative functions of personnel management. These are Procurement, Development, Compensation, Integration, Maintenance and Separation. For procurement, USA has Civil Rights Act of 1964 (prohibits discrimination in hiring on basis of race, color, religion, nationality, and sex). Similar to this, Bangladesh has the Labour Act- 2006, consolidates and amends the laws relating to employment of labour, relations between workers and employers, payment of wages and compensation, for injuries to workers and other matters related to labor (Article 29.2).

USA made Equal Employment Opportunity Act of 1972 (Empowers federal commission to undertake direct court action). In Bangladesh, according to act 29(1) of constitution- ‘There shall be equality of opportunity for all citizens in respect of employment or office in service of the republic’. USA has Executive Order No.11246 of 1945 and No.11375 of 1967 (requires contractors of the federal Govt.to establish affirmative action programs in hiring groups protected by the civil rights act). In Bangladesh, according to article 29(3a), Nothing in this article shall prevent the state from -(a) making special provision in favor of any backward section of citizens for the purpose of securing their adequate representation in the service of the republic; (b) giving effect to any law which makes provision for reserving appointments relating to any religious or denominational institution to persons of that religion or denominations; (c) reserving for members of one sex any class of employment or office on the ground that it is considered by its nature to be unsuited to members of opposite sex.

USA has formulated Rehabilitation Act of 1973 (requires govt. contractors to take affirmative action to hire handicapped personnel). 45 years later Bangladesh made Rehabilitation Council Act of 2018: On 25th October, 9 months after BPA’s conference, The Bangladesh Rehabilitation Council Act 2018 has been passed by national parliament. This act has 37 sections, 7 schedules. The council will ensure standard care & service for the persons with disability in every stage of service delivery system in Bangladesh (Stated by Rashed khan Menon).
Lastly USA has Pregnancy Discrimination Act of 1978(requires employers to treat pregnant employees in the same manner as other employees).Bangladesh has made ‘The Maternity Leave Policy for Women’ which contains 16 weeks of vacation with full payment. However, recently the govt. has declared that, it should be increased to six months. The law on maternity benefit is regulated by Bangladesh labor Act, 2006 under chapter IV called maternity Benefit under section 45.

For second operative function ‘Development’ USA has National Apprenticeship Program Act of 1937(details basic program requirements for certification).In Bangladesh, The apprenticeship law was adopted by the Govt. through the enactment of the Apprenticeship Ordinance (1962) which constituted part of the country’s labor laws.
In 2006, the Govt. of Bangladesh enacted Bangladesh Labor Act 2006 (or BLA 2006, 11 October 2006) which contains section XVIII on Apprenticeship. This new Labor Act supersedes the 1962 Apprenticeship Ordinance. Apprenticeship process was introduced in Bangladesh in the 1850 through an act designed by the British Administration. Given the nature of the 1850’s act, it was found to be inadequate to function properly those days. This resulted in a new ordinance in 1962.Through this, 54 candidates received apprenticeship in 2008 under the umbrella of BMET. Again Bangladesh Govt. has introduced the Bangladesh Labor Rules 2015 on September 16, 2015 through a gazette .The rules prescribed the process and formed for the registration of many power supply agencies under the Labor Act. Some new conditions are also imposed on the manpower supply agencies .Bureau of Manpower Employment and Training (BMET) was established in the year 1976 by the Govt. of the people’s republic of Bangladesh.

USA formulated Economic Opportunity Act of 1964 (funds special programs for the hardcore unemployment). In Bangladesh, 19 ministries are providing skill training program, such as: Ministry of Education, expatriates welfare and overseas employment, Labor and employment. About 18 organizations are involved in TVET program. The highest policy level body is the National skill Development council (NSDC). Honorable Prime Minister is the chair of the council.
Again USA made Job Training Partnership Act of 1982(greater private industry involvement in training and hardcore unemployed. In our country, Skill Development and Training Program under BMET: 37 technical training centers (TTCs) located in different part of our country. Bangladesh skills for employment and productivity (BSEP) project is an initiative of Govt. funded by Govt. of Canada and executed by ILO.

In terms of ‘Compensation’ USA has ‘Davis-Bacon Act of 1931’ (establishes minimum wages of overtime hours for Govt. construction work). Walsh-Healey Public Contract Act of 1936 (sets minimum wages and overtime hours for Govt. contracts in excess of $10000.)They have also enacted fair labor Act of 1938; Equal Pay Act of 1963. In Bangladesh, there is no such popular act. Workers can complete up to 48 hours of work per week. In case of overtime, they can complete up to 10 hours per day and 60 hours per week. According to the Employee Rights and Labor Law in Bangladesh, each worker’s wage must be paid before the end of the seventh day after the last day when the wage is payable, Bangladesh Labor Act, 2006 -ILO. Again there is Act No. XLII of 2006(an act to amend and consolidate the laws relating to employment of workers, relations between rates of wages, payment of wages, compensation for injuries to workers during working hours, formation of trade unions, raising and settlement of industrial disputes, health, safety, welfare and working conditions and environment of workers and apprenticeship and matters ancillary thereto.

The more a country cares about their laborers the more it develops. At last for ‘Integration’ USA has formulated ‘Norris-La-Guardia Act of 1932(limits employer use of injunctions against labor unions), National Labor Relations Act (Wagner) of 1935 (protects right to form unions, levies bargaining obligations on employer), Labor management relations act (Traft -Hartley) of 1947, Labor Management Disclosure Act of Landrum- Griffin of 2959. In Bangladesh, Grievance procedures under section 33 of Bangladesh Labor Act 2006 has 9 procedures of grievance.
Overall, our current laws and regulations need a thorough checking and needs an update. This comparison shows where our administration has been failed. Though administrative reforms are harder to achieve, it is high time we should overcome the bigoted stereotype of our prevailing administrative system. To make this reform possible, we need an expertise executive & judicial bodies, honest personnel, corruption free environment and prompt supervision by government. Lawmakers should get a new way of dimensional thinking to drive our country’s administration in a smooth direction.

The author if this article is a student of Public Administration, University of Chittagong.