Anda di halaman 1dari 7

1 Formation of trade unions and employees association Trade Unions Act 1926 defines Trade Union as a combination, temporary

or permanent, formed primarily for the purpose of regulating the relations between workmen and employer, workmen and workmen, or employers and employers, or for imposing restrictive condition on the conduct of any trade or business, and includes the federation of two or more trade unions. Employees association is an organization, other than a trade union, whose members comprise employees of a single employing organization. The aims of the association may be social, recreational, or professional The origins of unions' and associations existence can be traced from the 18th century, where the rapid expansion of industrial society drew women, children, rural workers, and immigrants to the work force in numbers and in new roles. This pool of unskilled and semi-skilled labor spontaneously organized in fits and starts throughout its beginnings, and would later be an important arena for the development of trade unions. Trade unions and employee associations were formed with the following objectives: Protecting the rights of employees including ventilation of grievances and negotiation with the government. Undertaking measures for social, economic, and cultural advancement of the employees. Promoting academic matters including publication of journals and other literature. Settlement of disputes through joint consultation and collective bargaining. Achieving free trade union rights including full citizenship with right to contest elections. To ensure the framing of labor legislation to guarantee the growth of free trade

2Procedure of its formation and conditions necessary for its registration Procedure of Registration

(Appointment of the Registrar): The government appoints a person to be the registrar or trade unions and associations. (Mode of registration) says that to register a Trade Union,

An application must be sent to the Registrar of Trade Unions appointed by the government. The application must be made by seven or more persons who are engaged in the trade or industry in connection to which the Trade Union is to be formed. All the applicants must subscribe their names to the rules of the Trade Union and comply with the provisions of this act regarding registration. There must be at least 10% or 100, whichever is less, members who are engaged or employed in the establishment or industry to which it is connected. There must be not less than seven members who are engaged or employed in the establishment or industry to which it is connected.

If more that half of the persons who applied for the registration cease to be members of the union or expressly disassociate themselves from the application, the application will be deemed to be invalid. (Application of Registration) gives the details of the application. It says that the application should be sent to the registrar along with the copy of the rules of the trade union and a statement of the following particulars

The name, occupation, and addresses of the applicants. The name of the trade union and the address of its head office. The titles, names, ages, addresses, and occupations of the office bearers of the trade union. If the trade union has been in existence for more than 1 yr, a general statement of its assets and liabilities.

(Provisions to be contained in the rules of a Trade Union) specifies the provisions that should be contained in the rule book of the trade union. A copy of this rule book must be supplied along with the application for registration of the trade union. This rule book details the internal administration of the trade union and also determines and governs the relationship between the trade union and its members. It must contain the rules for the following matters:

REQUIREMENTS FOR REGISTRATION: For the registration of trade union constitution is an important document on which the following formalities should be fulfilled.

1. Application for Registration: If any trade union wants to be registered it should submit an application for registration signed by the president and secretary. 2. Name & Address: It is necessary that name and address of trade union where it exist should be written in application. 3. Object: All those objects should be written in the application for which the union has been organized. 4. Use of Funds: All those purposes should be mentioned for which the funds will be utilized. 5. Executive Body Members: The members of the executive body should be declared and these should be according to the prescribed limit of the act. 6. Benefit to Member: All those conditions should be clear in the constitution according to which one person is entitled to receive any benefit. 7. List of Members: List of trade unions members and facilities provided to them must be maintained. 8. Safety of Funds: All the funds of trade union must be in the safe custody. 9. Annual Audit: There should be adequate facilities for the inspection and annual audit. Members and officers of the unions may be able to check the account of books. 10. Dissolution Process: In the constitutions dissolution process must be explained.

11. Election of Officers: Process of electing the officer by the general body of trade union must be clear. Term for the office holder may not exceed more than two years. 12. Procedure of Expressing Confidence: To procedure of expressing the confidence in any officer of trade union should also clear. 13. Meetings: It is also the requirement for the registration of trade unions that meetings of executive body of the trade union should be held at least once in every three month and general body at least once in year. The above requirements are necessary for the registration of the trade union.

3 factors that may lead to de-registration of employees association and employers right to employees association Under section 10, the Registrar of Employee associations and trade unions has the power to cancel the registration of an employee association in the following conditions:

1. 2. 3. 4.

On the application of the employee association to be verified in the prescribed manner. If the registrar is satisfied that registration was obtained by fraud or mistake. If the employee association has ceased to exist. If the employee association willfully, upon notice of the registrar, has contravened or allowed any rule to continue in force, which is inconsistent with the provisions of this act. 5. If the employee association rescinds any rule providing for any matter, provision for which is required to be made in section 6-- Provisions to be contained in the rules of a Employee association 6. If the registrar is satisfied that an employee association of workmen has ceased to have the requisite number of members.

4. How trade unions spend their funds. Union funds may be used to support a wide variety of programs or activities, including: Paying the salaries and/or benefits of full-time or part-time union leaders and/or staff; Part of the funds to pay themselves and allowances to enable smooth running of the union Union governance; in this case the union uses money to fund demonstration organized by its members which in turn increases the lobbying power of the union Legal representation; when member(s) or and the union is subjected to judicial legal system, the union as a right to use its fund to represent them Legislative lobbying; is the act of attempting to influence decisions made by officials in the government, most often legislators or members of regulatory agencies. Lobbying is done by various people or groups, from private-sector individuals or corporations, fellow legislators or government officials, or advocacy groups (interest groups). Trade unions uses fund to push their agenda Political campaigns; - A trade union wishing to spend money on party political activities must set up a separate political fund for financing any such expenditure. Trade unions must comply with certain statutory requirements in setting up and running such funds and union members have certain rights in relation to these requirements. Pension: some unions offer pension to retirement members although they still contribute to the kit Health Welfare and safety funds: its duty of the union to make sure its members access this vital necessity adequately.

REFERENCES 1. Labor and Industrial Relations: Trade Union and Social History (Economic History (Routledge)) by A. E. Musson 2. Trade Unionism in Recession (Social Change and Economic Life Initiative) by Duncan Gallie, Roger Penn and Michael Rose 3. Trade Unions of the World (Jul 14, 2005) 4. Extracts from COTU

Anda mungkin juga menyukai