Trade union


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Trade union

  1. 1. Trade Union Prepared By:- Kamalpreet Saini Trade Union
  2. 2. Trade Union (Content) <ul><li>Introduction </li></ul><ul><li>Definition </li></ul><ul><li>Objectives </li></ul><ul><li>Functions/Role </li></ul><ul><li>Advantages </li></ul><ul><li>Rights </li></ul><ul><li>Liabilities </li></ul><ul><li>Recognition </li></ul><ul><li>Amalgamation </li></ul><ul><li>Dissolution </li></ul><ul><li>Registration </li></ul><ul><li>Process of membership </li></ul><ul><li>Problems of Trade Union in India and </li></ul><ul><li>Remedial measures to overcome them. </li></ul>
  3. 3. Advantages <ul><li>Trade union certainly plays an important role in industrial relations. The advantages of trade union can be divided into the three: </li></ul><ul><ul><li>Advantages To Workers </li></ul></ul><ul><ul><li>Advantages To Employer </li></ul></ul><ul><ul><li>Advantages To Society </li></ul></ul>
  4. 4. Advantages To Workers <ul><li>promote unity </li></ul><ul><li>ensures improvement in working conditions and provision of better welfare facilities. </li></ul><ul><li>spirit of self reliance and self respect </li></ul><ul><li>Change in employer’s attitude </li></ul><ul><li>Uniform Wages </li></ul>
  5. 5. Advantages To Employer <ul><li>disputes can be avoided or may be solved amicably (harmoniously, politely) (continuous workflow) </li></ul><ul><li>industrial peace (sense of resp. and loyalty) </li></ul><ul><li>framing healthy labor policies (reduces chance of industrial disputes in future ) </li></ul>
  6. 6. Advantages To Society <ul><li>gain sympathy of general public (in crisis) </li></ul><ul><li>propose to the Government (to enact labor policies to protect and develop labor force of the country in a better way) </li></ul><ul><li>development of industrial economy by maintaining good industrial relations It will result in higher and better production at lower costs. </li></ul>
  7. 7. RIGHTS OF A TRADE UNION <ul><li>It is a corporate body: The registered trade union is a corporate body under section 13 of the Act. </li></ul><ul><li>It enjoys immunity (exemption) from criminal conspiracies </li></ul><ul><li>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. </li></ul>
  8. 8. RIGHTS….. <ul><li>The union can keep separate fund for political purposes. </li></ul><ul><li>An agreement between the members of a registered trade union not to accept employment is valid (not void being agreement in restraint of trade). </li></ul><ul><li>The union has a right to amalgamate to form a larger union. </li></ul><ul><li>Members of the union have a right to inspect books. </li></ul>
  9. 9. RIGHTS….. <ul><li>Any person who has attained the age of 15 years can become the member of the union </li></ul><ul><li>The union can enforce the performance of contracts. </li></ul>
  10. 10. LIABILITIES OF TRADE UNION <ul><li>The Act imposes duties and liabilities on registered trade unions. They are: </li></ul><ul><li>a. CHANGE OF REGISTERED OFFICE: </li></ul><ul><li>If the address is changed, notice in writing must be given to the Registrar within fourteen days of the change. The change shall be recorded in the Register. </li></ul><ul><li>b. CHANGE OF NAME: </li></ul><ul><li>Any registered trade union may change its name with the consent o not less than two third of the total number of its members and subject to the provisions of section 25. </li></ul>
  11. 11. LIABILITIES…… <ul><li>c) DISBURSEMENT OF THE TRADE UNION’S FUNDS: </li></ul><ul><li>The registered union maintains two types of funds: </li></ul><ul><ul><li>General fund </li></ul></ul><ul><ul><li>Political fund </li></ul></ul>
  12. 12. LIABILITIES…… <ul><li>The general funds of a registered trade union cannot be spent on objects other than those prescribed by the Act. These are as follows: </li></ul><ul><li>Payment of salaries, allowances and expenses to its office bearers. </li></ul><ul><li>Payment of expenses for its administration including audit of account. </li></ul><ul><li>Expenses incurred during prosecuting or defending a legal action to which the union or any of its members is a party, when such prosecution or defense is undertaken for the purpose of securing or protecting any rights of the union or its members. </li></ul>
  13. 13. LIABILITIES…… <ul><li>Expenses incurred in the conduct of the trade disputes on behalf of the trade union or any member thereof. </li></ul><ul><li>The compensation of members for loss arising out of trade disputes. </li></ul><ul><li>Allowances to members or their dependants on account of death, old age, sickness, accident or unemployment of such members. </li></ul><ul><li>Policies of assurance taken to insure members against sickness, accident or unemployment. </li></ul>
  14. 14. LIABILITIES…… <ul><li>The provision of educational, social or religious benefits for members or for the dependants of members. </li></ul><ul><li>Expenses incurred for funeral or religious ceremonies of deceased members. </li></ul><ul><li>The upkeep of a periodical published mainly for the purpose of discussing questions affecting employers or workmen as such. </li></ul><ul><li>Any other object notified by the appropriate Government in the Official Gazette. </li></ul>
  15. 15. LIABILITIES…… <ul><li>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: </li></ul><ul><li>The holding of any meeting or the distribution of any literature or documents in support of any such candidate. </li></ul><ul><li>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. </li></ul><ul><li>The holding of political meetings of any kind or the distribution of political literature or political documents of any kind. </li></ul>
  17. 17. <ul><li>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: </li></ul><ul><li>· If he has not attained the age of 18 years. </li></ul><ul><li>· If he has been convicted by a Court in India to any offence involving moral turpitude and sentenced to imprisonment by a Court in India, unless a period of 5 years has been elapsed since his release. </li></ul>
  18. 18. <ul><li>However, any person shall not be disqualified as an office bearer if the </li></ul><ul><li>· Offence does not involve moral turpitude. </li></ul><ul><li>· Punishment is only pecuniary. </li></ul><ul><li>· Disqualification is only for a temporary purpose. </li></ul>
  19. 19. RECOGNITION OF TRADE UNIONS: <ul><li>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. </li></ul>
  20. 20. RECOGNITION BY AGREEMENT (SECTION 28 C): <ul><li>A trade union is deemed to be recognized when: </li></ul><ul><li>i. The employer accepts o recognize a trade union by entering into a memorandum of agreement with the officers of the trade union or their authorized representatives and </li></ul><ul><li>ii. The registrar records the memorandum in a register in prescribed manner. </li></ul><ul><li>The trade union, as long as such agreement is in force, may exercise all the rights of a recognized trade union under this Act and either party there to on application made to the Registrar in the prescribed manner may revoke the agreement. </li></ul>
  21. 21. CONDITIONS FOR RECOGNITION BY ORDER OF A LABOR COURT (SECTION 28 D): <ul><li>A Labor Court may grant recognition to a trade union by an order subject to fulfillment of certain conditions: </li></ul><ul><li>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. </li></ul><ul><li>2. The rules of the trade union: </li></ul><ul><li>o Do not contain any provision for exclusion of membership of any class of the workmen referred to in clause (b). </li></ul><ul><li>o Provide for the procedure for declaring a strike. </li></ul><ul><li>o Provide for a meeting of its executive to be held at least once in every six months. </li></ul><ul><li>3. In case of a registered trade union all the provisions of the Act have been duly complied with. </li></ul>
  22. 22. APPLICATION TO AND GRANT OF RECOGNITION BY LABOR COURT (SECTION 28 E): <ul><li>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: </li></ul><ul><li>An application along with the particulars as may be prescribed, be made to the Labor Court. </li></ul><ul><li>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. </li></ul>
  23. 23. <ul><li>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. </li></ul><ul><li>4. If the labor court is satisfied it shall make an order directing such recognition. </li></ul><ul><li>5. Every order made under sub–section (5) shall be forwarded to the appropriate Government, which shall notify it in the Official Gazette. </li></ul>
  24. 24. AMALGAMATION (SECTION 24): <ul><li>Any two or more registered trade unions may be amalgamated together as one trade union with or without dissolution or division of the funds of such trade unions. Such amalgamation is allowed if: </li></ul><ul><li>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. </li></ul><ul><li>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. </li></ul><ul><li>Such notice shall be sent to the Registrar of such state in which the head office of the amalgamated trade union is situated. </li></ul>
  25. 25. <ul><li>The Registrar is satisfied that all necessary formalities in respect of amalgamation have been complied with. </li></ul><ul><li>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. </li></ul>
  26. 26. DISSOLUTION OF TRADE UNION (SECTION 27): <ul><li>In case a trade union is dissolved: </li></ul><ul><li>· 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. </li></ul><ul><li>· 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. </li></ul><ul><li>· 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. </li></ul>
  27. 27. Registration Of Trade Union……. <ul><li>Appointment of registrars </li></ul><ul><li>Government shall appoint </li></ul><ul><li>a person to be the Registrar of Trade Unions </li></ul><ul><li>  </li></ul><ul><li>Government may appoint Additional and Deputy Registrars of Trade Unions under the direction of the Registrar to take care region-wise </li></ul>
  28. 28. Registration Of Trade Union……. <ul><li>Mode of registration </li></ul><ul><li>Any seven or more members of a Trade Union may apply for registration of the Trade Union under this Act. Application should include their names , the rules of the Trade Union and should comply with the provisions of this Act . </li></ul><ul><li>It is necessary that ten per cent or one hundred of the workmen, whichever is less, should be employees in the establishment or industry with which it is connected. </li></ul><ul><li>  After application and before the registration of the Trade Union if some of the applicants (half or more of the total number of persons who made the application) withdraw membership of the Trade Union or give notice in writing to the Registrar disassociating themselves from the applications, then the registration is not given . </li></ul>
  29. 29. Application for registration <ul><li>(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:— </li></ul><ul><ul><li>(a) the names, occupations and address of the members making application; </li></ul></ul><ul><li>   </li></ul><ul><ul><li>(b) the name of the Trade Union and the address of its head office; and </li></ul></ul><ul><ul><li>(c) the titles, names, ages, addresses and occupations of the office-bearers of the Trade Union. </li></ul></ul>
  30. 30. Application for registration <ul><li>(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. </li></ul>
  31. 31. Provisions in registration <ul><li>A Trade Union shall not be entitled to registration under this Act, the rules provide the following matters, namely:— </li></ul><ul><li>(a) the name of the Trade Union; </li></ul><ul><li>  </li></ul><ul><li>(b) All the objectives for which the Trade Union has been established; </li></ul><ul><li>  </li></ul><ul><li>(c) All the purposes for which the general funds of the Trade Union shall be used. (All should lawfully applicable under this Act) </li></ul><ul><li>(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; </li></ul>
  32. 32. Provisions in registration <ul><li>(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; </li></ul><ul><li>  </li></ul><ul><li>[(ee) The payment of a minimum subscription by members of the Trade Union which shall not be less than— </li></ul><ul><li>  </li></ul><ul><li>(i) one rupee per annum for rural workers; </li></ul><ul><li>  </li></ul><ul><li>(ii) three rupees per annum for workers in other unorganized sectors; and </li></ul><ul><li>  </li></ul><ul><li>(iii) twelve rupees per annum for workers in any other case;] </li></ul><ul><li>  </li></ul><ul><li>(f) Conditions of benefit or any fine to be imposed on the members; </li></ul><ul><li>  </li></ul>
  33. 33. Provisions in registration <ul><li>(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); </li></ul><ul><li>(h) The manner in which the members of the executive and office-bearers shall be elected and removed; </li></ul><ul><li>(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 </li></ul><ul><li>(j) The manner in which the Trade Union may be dissolved.   </li></ul>
  34. 34. Certificate of registration.— <ul><li>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. </li></ul>
  35. 35. Cancellation of registration.— <ul><li>A certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar— </li></ul><ul><li>  </li></ul><ul><li>(a) on the application of the Trade Union to be verified in such manner as may be prescribed; </li></ul><ul><li>  </li></ul><ul><li>(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; </li></ul><ul><li>  </li></ul><ul><li>(c) if the Registrar is satisfied that a registered Trade Union of workmen ceases to have the requisite number of members </li></ul><ul><li>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. </li></ul><ul><li>  </li></ul>
  36. 36. Limitations /Problems of Indian Trade Union <ul><li>Predominance of small sized union </li></ul><ul><li>Rival union </li></ul><ul><li>Inadequate coverage </li></ul><ul><li>Weak financial position </li></ul><ul><li>Political domination </li></ul><ul><li>Absence of full-time office-bearers </li></ul><ul><li>Limited stress on welfare activates </li></ul><ul><li>More reliance on strikes and litigation </li></ul><ul><li>Absence of loyalty of workers to union </li></ul><ul><li>Lack of public sympathy </li></ul>
  37. 37. Remedial Measures to overcome the problem/Measure to strengthen the trade union movement in India <ul><li>Maintaining Unity </li></ul><ul><li>Free from political influences </li></ul><ul><li>Worker’s Education </li></ul><ul><li>Adequacy of Funds </li></ul><ul><li>Welfare activities for workers </li></ul>
  38. 38. Maintaining Unity <ul><li>“Unity is strength “ </li></ul><ul><li>Unity among the trade unions can be maintained in different ways- </li></ul><ul><ul><li>All workers should join hands to form a single union to represent all their demands. </li></ul></ul><ul><ul><li>All unions with different political affiliations should have one policy, one programme, one objective and one method of labour movement. </li></ul></ul>
  39. 39. Free from political influences <ul><li>One way to strengthen the trade union movement is the provision of leaders from the rank of workers themselves. </li></ul><ul><li>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. </li></ul><ul><li>Leadership qualities among the workers can be developed through education and training. </li></ul><ul><li>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. </li></ul>
  40. 40. Worker’s Education <ul><li>It is the responsibilty of tu to make the workers realize their responsibilities and inculcate discipline in them to perform their job satisfactorily. </li></ul><ul><li>Workers need to be taught- ”first deserve then desire” </li></ul>
  41. 41. Adequacy of Funds <ul><li>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 </li></ul><ul><li>Strike pay can be given to the workers increasing their loyalty and the barganong power. </li></ul>
  42. 42. Welfare activities for workers <ul><li>Provision of day School for their children, night school for adults, opening libraries, gymnasium co-operative sectors. </li></ul><ul><li>These efforts make the workers loyal t the unions. </li></ul>