Trade Union
Advantages
Trade union certainly plays an important role in industrial relations. The advantages of trade union can be divided into the three:
Advantages To Workers
promote unity ensures improvement in working conditions and provision of better welfare facilities. spirit of self reliance and self respect Change in employers attitude Uniform Wages
Advantages To Employer
disputes can be avoided or may be solved amicably (harmoniously, politely) (continuous workflow) industrial peace (sense of resp. and loyalty) framing healthy labor policies of industrial disputes in future)
(reduces chance
Advantages To Society
(in crisis)
(to enact labor policies to protect and develop labor force of the country in a better way)
development of industrial economy by maintaining good industrial relations It will result in higher and better production at lower costs. 6
It is a corporate body: The registered trade union is a corporate body under section 13 of the Act. It enjoys immunity conspiracies
(exemption)
from criminal
Section 17 of the Trade Union Act gives immunity to members and office bearers of registered trade unions from criminal conspiracy in connection with trade disputes.
RIGHTS..
The union can keep separate fund for political purposes. An agreement between the members of a registered trade union not to accept employment is valid (not void being agreement in restraint of trade). The union has a right to amalgamate to form a larger union. Members of the union have a right to inspect books.
RIGHTS..
Any person who has attained the age of 15 years can become the member of the union
10
LIABILITIES
c) DISBURSEMENT OF THE TRADE UNIONS FUNDS: The registered union maintains two types of funds:
11
LIABILITIES
The general funds of a registered trade union cannot be spent on objects other than those prescribed by the Act. These are as follows:
12
LIABILITIES
Expenses incurred in the conduct of the trade disputes on behalf of the trade union or any member thereof. The compensation of members for loss arising out of trade disputes. Allowances to members or their dependants on account of death, old age, sickness, accident or unemployment of such members. Policies of assurance taken to insure members against sickness, accident or unemployment.
13
LIABILITIES
The provision of educational, social or religious benefits for members or for the dependants of members. Expenses incurred for funeral or religious ceremonies of deceased members. The upkeep of a periodical published mainly for the purpose of discussing questions affecting employers or workmen as such. Any other object notified by the appropriate Government in the Official Gazette.
14
LIABILITIES
The political funds of a registered trade union shall be used for the promotion of civil and political interests of its members or in furtherance of any of the objects specified below:
The registration of the electors on the selection of a candidate for election to any legislative body constituted under the constitution of any local authority. The holding of political meetings of any kind or the distribution of political literature or political documents of any kind.
15
16
A person shall be disqualified for being chosen as or being a member or an executive or an office bearer of a trade union under the following circumstances:
17
Offence does not involve moral turpitude. Punishment is only pecuniary. Disqualification is only for a temporary purpose. 18
Though the Indian Trade Union Act 1926 was amended in the year 1947 to include section 28-C to section 28-I, incorporating the provisions relating to recognition of a trade union, these provisions have not come into operation till date.
19
20
All its members are workmen or representatives of all the workmen who are employed in the same industry or in an industry closely allied to or connected with one another.
2. The rules of the trade union: o Do not contain any provision for exclusion of membership of any class of the workmen referred to in clause (b). o Provide for the procedure for declaring a strike. o Provide for a meeting of its executive to be held at least once in every six months. 3. In case of a registered trade union all the provisions of the Act have been duly complied with.
21
APPLICATION TO AND GRANT OF RECOGNITION BY LABOR COURT (SECTION 28 E): In the event of failure of a registered trade union to obtain recognition within a period of three months from the date of making an application to an employer:
1.
An application along with the particulars as may be prescribed, be made to the Labor Court.
The trade union may be required to submit further information by the Labor Court, but if it fails to submit the same within the prescribed time, the application may be rejected.
2.
22
3. The Labor Court, after serving notice in the prescribed manner on the employer, may investigate to satisfy itself that all the condition for recognition set out in section 28-D have been duly complied with. 4. If the labor court is satisfied it shall make an order directing such recognition.
5. Every order made under subsection (5) shall be forwarded to the appropriate Government, which shall notify it in the Official Gazette.
23
The votes of at least half of the members of each and every such trade union entitled to vote are recorded out of which at least 60 percent of the votes recorded are in favor of the proposal of amalgamation. Notice in writing of every amalgamation signed by the secretary and by seven members of each and every such trade union, which is a party there to.
2.
3.
Such notice shall be sent to the Registrar of such state in which the head office of the amalgamated trade union is situated.
24
The Registrar is satisfied that all necessary formalities in respect of amalgamation have been complied with.
5.
The amalgamation of two or more registered trade unions shall not affect prejudicially any right of any such trade union or of a creditor or any of them.
25
A notice of such dissolution signed by seven members and the Secretary of the trade union must be sent to the Registrar within fourteen days of such dissolution. The registrar shall register the fact of dissolution on being satisfied that all the formalities in respect of dissolution have been complied with and the dissolution shall have effect from the date of such registration by the Registrar. If the rules of the trade union do not provide for the distribution of the funds on dissolution, the Registrar is authorized by the Act to divide the funds amongst the members of the union in such a manner as may be prescribed.
26
Government may appoint Additional and Deputy Registrars of Trade Unions under the direction of the Registrar to take care region-wise 27
28
(1) Every application for registration of a Trade Union shall be made to the Registrar and shall be accompanied by a copy of the rules of the Trade Union and a statement of the following particulars, namely:
(a) the names, occupations and address of the members making application;
(b) the name of the Trade Union and the address of its head office; and (c) the titles, names, ages, addresses and occupations of the office-bearers of the Trade Union.
29
(2) If Trade Union has been in existence for more than one year before the making of an application for its registration then they shall deliver a general statement of the assets and liabilities of the Trade Union to the Registrar along with the application.
30
Provisions in registration
A Trade Union shall not be entitled to registration under this Act, the rules provide the following matters, namely: (a) the name of the Trade Union; (b) All the objectives for which the Trade Union has been established; (c) All the purposes for which the general funds of the Trade Union shall be used. (All should lawfully applicable under this Act)
(d) The maintenance of a list of the members of the Trade Union and adequate facilities for the inspection thereof by the office-bearers and members of Trade Union;
31
Provisions in registration
(e) Admission of ordinary members who shall be persons actually engaged or employed in an industry with which the Trade Union is connected and also the admission of the number of honorary (normally paid members for professional sevice) or temporary members as office-bearers to form the executive of the Trade Union; [(ee) The payment of a minimum subscription by members of the Trade Union which shall not be less than
32
Provisions in registration
(g) The manner in which the rules shall be amended (changed) , varied (incorporation of number of different types of elements ) or rescinded (revoke or
cancel);
(h) The manner in which the members of the executive and office-bearers shall be elected and removed;
(i) the safe custody of the funds of the Trade Union, an annual audit, in such manner as may be prescribed, of the accounts thereof, and adequate facilities for the inspection of the account books by the office-bearers and members of the Trade Union; and
(j) The manner in which the Trade Union may be dissolved.
33
Certificate of registration.
The Registrar, on registering a Trade Union under section 8, shall issue a certificate of registration in the prescribed form which shall be conclusive evidence that the Trade Union has been duly registered under this Act.
34
Cancellation of registration.
(a) on the application of the Trade Union to be verified in such manner as may be prescribed; (b) if the Registrar is satisfied that the certificate has been obtained by fraud or mistake or that the Trade Union has ceased to exist or has willfully and after notice from the Registrar contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with any such provision or has rescinded any rule providing for any matter provision for which is required by section 6; (c) if the Registrar is satisfied that a registered Trade Union of workmen ceases to have the requisite number of members Provided that not less than two months previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate shall be given by the Registrar to the Trade Union before the certificate is withdrawn or cancelled otherwise than on the application of the Trade Union.
35
Rival union
Inadequate coverage Weak financial position
Political domination
Absence of full-time office-bearers Limited stress on welfare activates
36
Remedial Measures to overcome the problem/Measure to strengthen the trade union movement in India
Maintaining Unity Free from political influences Workers Education Adequacy of Funds Welfare activities for workers 37
Maintaining Unity
Unity is strength Unity among the trade unions can be maintained in different ways
All workers should join hands to form a single union to represent all their demands.
All unions with different political affiliations should have one policy, one programme, one objective and one method of labour movement.
38
One way to strengthen the trade union movement is the provision of leaders from the rank of workers themselves. These union leaders should be full-time paid officers of the unions having qualities such as literature, organising capacity, hardworking, cool in temper and patience. Leadership qualities among the workers can be developed through education and training. It is this realization that the Asian Trade Union college, at kolkata is set up to train and educate young men particularly from the working class.
39
Workers Education
It is the responsibility of TU to make the workers realize their responsibilities and inculcate discipline in them to perform their job satisfactorily. Workers need to be taught- first deserve then desire
40
Adequacy of Funds
On account of poor financial resources, the workers movement/strike did not prolong and ended in failure. Therefore, the maintenance of strike fund is a necessity Strike pay can be given to the workers increasing their loyalty and the barganong power. 41
Provision of day School for their children, night school for adults, opening libraries, gymnasium co-operative sectors.
42