Employee’s right to union
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  • 1. EMPLOYEE’S RIGHT TO UNION
    By,
    Dhanya N. Menon
  • 2. Pigors and Myers write:
    "Unionism springs from the basic aspirations of those employees who become convinced that they can gain more through membership in a union than by going at it alone."
  • 3. Good staff relations
    Effective negotiations
    Redressing the employee grievance
    Improve employee welfare
    Pressurize the authorities to become liberal
    Better security, liberty and courage
  • 4. ORIGIN OF THE RIGHT
    Constitution of India
    Fundamental Right: Article 19(1)(c)
    Right to form association to all citizen
    Subject to restriction
  • 5. LABOUR CLASSIFICATION
    The Indian labor markets consist of 3 sectors:
    - The rural workers, who constitute about 60% of the workforce.
    - Organized sector, which employs 8 % of workforce, and
    - The urban informal sector which constitutes the rest 32% of the workforce
    At present there are twelve Central Trade Union Organizations in India
  • 6. OBJECTIVES OF EMPLOYEES UNIONS
    To acquaint the authorities with the point of view of the employees
    To provide an opportunity to the authorities to know the opinion of the employees on any given issue.
    The organization belongs to the employees
    The associations meet the social expectations of the members
  • 7. TRADE UNIONS
    Formed to protect and promote the interests of their members
    Primary function is to protect the interests of workers against discrimination and unfair labor practices
  • 8. HISTORY-TRADE UNIONISM IN INDIA
    generally divided on political lines
    trade unions had a combined membership of 24,601,589 (Approximately)
    11 Central Trade Union Organizations
    Contd…
  • 9. Indian trade union movement - divided into three phases.
    The first phase (1850 to1900)
    - inception of trade unions took place
    - the working and living conditions of the labor were poor
    - working hours were long
    - wages were also low
    - Indian Factories Act was enacted in 1881
    - employment of child labor was prohibited
    Contd…
  • 10. The second phase (1900 to 1946)
    - development of organized trade unions & political movements of the working class
    - In 1920, the First National Trade union organization (The All India Trade Union Congress) was established.
    - In 1926, Trade union law came up
    - During 1928, All India Trade Union Federation was formed.
    Contd…
  • 11. The third phase in 1947
    -1949: 4 central trade union organizations
    The All India Trade Union Congress,
    The Indian National Trade Union Congress,
    The Hindu MazdoorSangh, and
    The United Trade Union Congress
    - The working class movement was politicized
    INTUC: trade union arm of the Congress Party
    AITUC: trade union arm of the Communist Party of India
    - Besides workers supervisors and managers are also organized by the trade unions
  • 12. Trade Union: Section 2(h)
    Any combination - temporary or permanent
    Formed primarily for the purpose of regulating the relations between:
    workmen and employers
    workmen and workmen
    employers and employers
    Or for imposing restrictive conditions on the conduct of any trade or business
    includes any federation of two or more trade unions
  • 13. TRADE UNION - OBJECTIVES
    Representation (Workers’ Interests)
    Negotiation (Collective Bargaining)
    Voice in decisions (Lay off, Retrenchment) affecting workers
    Member Service (Education, Training, Welfare, Discounts, Loans)
  • 14. IMPORTANCE OF TRADE UNIONS FOR INDUSTRIAL PEACE
    Decisions taken through the process of collective bargaining and negotiations between employer and unions are more influential
    Effective communication between the workers and the management
    Settlement of Industrial Dispute in rational manner
    Greater Bargaining Power/Platform for self expression
    Minimize Discrimination
    Sense of Security
    Sense of Belongingness/ Sense of Participation
  • 15. September 2009: Whether an employee of the Jet
    Airways has the right to organize an union or not?
    The constitution, under Article 19 (1) (C) grants
    fundamental right to all citizens to form associations or
    unions. The constitution does not restrict this right to a
    workman as had been claimed by Jet Airways.
    TirumalaTirupatiDevasthanam v. Commissioner of Labour (1995) Supp(3) SSC 653
    Any group of employee may be registered as a trade union under the Act.