The Unions are bad or good for worker's cause? Why most managements hate unions?
What can unions do?
HR and personnel professionals need to deal with Unions. And their actions which are
nosy matter.
Knowing the correct legal position is a sine qua non. The presentation tries to update various amendments to the trade union act, what and how and who can form a union are discussed here.
The provisions relating to the Labour Welfare as mentioned in the Factories Act, 1948 : (1) Washing Facilities (2) Facilities for storing and drying clothing (3) Facilities for sitting (4) First aid appliances (5) Canteens (6) Shelters, rest rooms and lunch rooms (7) Creches and (8) Welfare officers
Employee provident fund and miscellaneous act, 1952NeerajUpreti2
Overview, Applicability, Contribution by Employer and Employees', Benefits and Registration process of Employee provident fund and miscellaneous act, 1952
Useful for Law students, MBA- HR students, CS Students, Employees , Employer.
I have also mentioned a list of forms generally used during gratuity.
Every body should be aware of do's and don't. Knowledge of your rights makes you powerful.
Application of the Act
When gratuity is payable
Amount of gratuity payable
Forfeiture of gratuity
Obligations and rights of the employer
Compliance under the Act
reference: http://blog.simplycareer.net/2013/06/gratuityact.html
I have also refereed other sites and text books.
Strike and Lockout - Legal and illegal strikes and lockouts,
Justified and unjustified strikes and lockouts, Strike and lockout in public utility services and other industries, Distinction between
lockout and closure, strike and lockout.
The provisions relating to the Labour Welfare as mentioned in the Factories Act, 1948 : (1) Washing Facilities (2) Facilities for storing and drying clothing (3) Facilities for sitting (4) First aid appliances (5) Canteens (6) Shelters, rest rooms and lunch rooms (7) Creches and (8) Welfare officers
Employee provident fund and miscellaneous act, 1952NeerajUpreti2
Overview, Applicability, Contribution by Employer and Employees', Benefits and Registration process of Employee provident fund and miscellaneous act, 1952
Useful for Law students, MBA- HR students, CS Students, Employees , Employer.
I have also mentioned a list of forms generally used during gratuity.
Every body should be aware of do's and don't. Knowledge of your rights makes you powerful.
Application of the Act
When gratuity is payable
Amount of gratuity payable
Forfeiture of gratuity
Obligations and rights of the employer
Compliance under the Act
reference: http://blog.simplycareer.net/2013/06/gratuityact.html
I have also refereed other sites and text books.
Strike and Lockout - Legal and illegal strikes and lockouts,
Justified and unjustified strikes and lockouts, Strike and lockout in public utility services and other industries, Distinction between
lockout and closure, strike and lockout.
This slides shows the important definitions of Trade union. And gives an idea about recognition and registration of trade union & the differences between them.
Changing the organisation is mainly leadership challenge. Survival of the organisation depends on the leader's vision and ability to change things. Here I present the gist of forthcoming book
Every corporate entity must create a brand and an image. this is not an easy task. but here is step by step points , with case examples. please download .and say so if you like and share it
Bonus in india assumes different meaning altogether If you read the basic act and you can get thoroughly confused.
Age old laws with plenty of amendments , court rulings brought more confusion to the legal status and interpretation yet every personnel, hr manager grapples with it.
Here is attempt tp update with easy to read form
Every HR person must know what the constitution is empowering the citizen of india. Fundamentally about recruitment mistakes,right to Employment , grounds for .termination, can lead to bad decisions costing millions in law suits
If leadership is ignorant HR cannot be more ignorant
there will be more on all aspects of HR leading to full scale grooming .pleasemake this viral
Onel day free seminar workplace conflict resolution 15092015Dr .E. J. Sarma
Conflicts are natural events in life especially in workplace. This seminar is about the causes, types and methods of handling conflicts. Agreements, negotiated settlements, compromise, etc are handled in this seminar.
this course received 85% excellent rating from group of non management staff
Human resource professionals use data for all type of decisions
Many use primitive methods. and very outdated ratios
Few are familiar with analytic .
Here is an attempt to expose the advantage of using predictive analytic
so that how data is converted to information enabling informed insights to business decisions
My book in amazon kindle. please download now and read/review=Different strokes=employee reward recognition Plans
Kindle edition is now available.
I talk of handling conflicts .that arise at workplaces
From mere arguments to intense rivalry happens .In more political culture every one involved try to sabotage the rival.
What is the role of hR in resolving these conflicts and to render them ineffective when the conflict is counter productive
HR people must read this
there is no organization where there is no conflict. employees invariably face conflict with boss, peers, values and even with leadership.this is a wholesome training ppt.
Change Management - Seven key success factorsDr .E. J. Sarma
What are thee few simple essential steps for making organization change management efforts a huge success. Of all the change initiative steps the critical few are here,it is beyond the process steps you prescribe.model you adopt.
beyond CEO's wish
Factors that influence positively change
Beyond manager's established competencies
please say if you like it
Designing a perfect 360 degree Performance assessment ModelDr .E. J. Sarma
This ppt shares the basic design aspects behind a 360-degree appraisal system.based on a true project implemented.this was integrated with a leadership succession plan.
This has been used to develop leadership in IT companies over a 5 year period.
The scores were used to pinpoint weakness areas and coach these managers to be great leaders enabling homegrown leaders
If you want to survive in a job you need to be smarter than your boss and O...Dr .E. J. Sarma
Your boss is there not because of superior brain or wisdom. Especially when he is toxic and micro manages , frustrates you with what you think as stupid instructions, puts you down and depresses you ,steals credit for what you have done you face the dead end .
I have known people who had toxic bosses even attempting suicide.
You must be able to manage him Here are few valuable tips to outsmart your boss.How to get out of frustration of being underdog.
Please leave a comment if you liked it .forward to your network
this is version 1.1 of the new methodology on change management. more versions as i research more and pick my brain
please leave comment without fail; if you liked it
if you like it please say
Different strokes-Employee reward recognition plans- amazon Dr .E. J. Sarma
Rewarding one employee kills motivation of 10 others who expected. My book on amazon kindle./paper edition tells alls
please download now and read/review-
You don't need 100 mediocre ideas but need only 10 with stunning effect
tips for designing effective employee recognition plans, employee motivation, employee engagement, are given here free from out of 40 years of designing rewards with stunning results
Employee Behaviour gets repeated if there is positive reinforcement.
Rewards are the best reinforcers hence very powerful to engage employees
these ideas are based on actual schemes implemented with stunning results of 85% engagement.
65% increase in motivation and productivity
45% increase in retention
shows how to link Maslow, Herzberg, theories of motivation to actual implementation
engaged employees are more productive than satisfied employees.
Rewards build emotional connection, positive strokes, encouraging employees
If you liked it share with others and say so here
Change management case study (doc) 11 15 2013 (2)Dr .E. J. Sarma
this is a live case study on change management.actually conceptualized and implemented
from concept to end result.
those who wish more information please email ejsarma@gmail.com
if you liked it please comment
attempting organizational changes is not the job of ceo only.HR plays crucial role
comment if you like the ideas
though it looks simple , the change management is aprocess ,theCEO initiated mostly
Escape velocity engineering the organizational transformation dec 6 2012Dr .E. J. Sarma
this presentation is based on great conceptual work of renowned authors and some practical wisdom of handling organisational transformation, re-engineering the business offerings, how to integrate skills with change efforts without creating tsunami
please leave your comments
Co creating the vision and making people rally around - here are tips to inspire and achieve the vision . One man's dream and many who share that can work wonders
managing the relationship with your boss is very critical to job success.here are few tips.
you may either become his close associate or become enemy .this depends on how you
c an understand his personality
even if the boss shows to be your friend never ever get carried away. he is your boss and will always be that.there are few exceptions but they are very few ,by and large men in power will never become your friend
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Recruiting in the Digital Age: A Social Media MasterclassLuanWise
In this masterclass, presented at the Global HR Summit on 5th June 2024, Luan Wise explored the essential features of social media platforms that support talent acquisition, including LinkedIn, Facebook, Instagram, X (formerly Twitter) and TikTok.
Digital Transformation and IT Strategy Toolkit and TemplatesAurelien Domont, MBA
This Digital Transformation and IT Strategy Toolkit was created by ex-McKinsey, Deloitte and BCG Management Consultants, after more than 5,000 hours of work. It is considered the world's best & most comprehensive Digital Transformation and IT Strategy Toolkit. It includes all the Frameworks, Best Practices & Templates required to successfully undertake the Digital Transformation of your organization and define a robust IT Strategy.
Editable Toolkit to help you reuse our content: 700 Powerpoint slides | 35 Excel sheets | 84 minutes of Video training
This PowerPoint presentation is only a small preview of our Toolkits. For more details, visit www.domontconsulting.com
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2. 1-Trade Union Act, 1926 – The Act provides for the
registration of trade union and determines the rights,
liabilities and immunities of the union.
2. The Industrial Employment (Standing Orders) Act, 1946
drafted by the employer which contains the conditions of
employment.
3. The Constitution of India, 1950 – The Constitution of
India in the Chapters on Fundamental Rights and Directive
Principles of State Policy justify the legality
4-Maharashtra recognition of trade unions Act/prevention
of unfair labor practices act-MRTUPULP act
05/27/17dr.sarma/HR coaching/Imran 2
3. A Trade union is an association of workers
formed for the purpose of protecting and
improving the socio-economic status of its
members through collective action.
05/27/17dr.sarma/HR coaching/Imran 3
4. ◦ Safeguards workers against all sorts of exploitation by the
employers, by union leaders and by political parties.
◦ Protects workers from the atrocities and Unfair Labour
Practices of the management.
◦ Works to ensure healthy, safe and conducive working
conditions.
◦ Exerts pressure for enhancement of rewards associated with the
work only after making a realistic assessment of its practical
implications
05/27/17dr.sarma/HR coaching/Imran 4
5. The Registration of a trade union is not necessary.
registration, gives a trade union several benefits that are not
available to an unregistered Trade Union.
Hence it is only a registered Trade Union which can espouse an
industrial dispute.
A Registered Trade Union gets immunity from civil and criminal
liability for acts done in pursuance to a trade dispute.
05/27/17dr.sarma/HR coaching/Imran 5
6. Upon registration, a trade union gets a legal entity status, it
has perpetual succession and a common seal.
It can acquire and hold movable as well as immovable
properties, can contract through agents, can sue and can
be sued.
A registered trade union gets immunity in certain criminal,
civil, and contractual proceedings to acts done in
contemplation of a trade dispute.
05/27/17dr.sarma/HR coaching/Imran 6
7. The emphasis is on the purpose of the
association rather than the type of workers
05/27/17dr.sarma/HR coaching/Imran 7
8. A registered trade union has a right to establish a general fund.
has a right to establish a political fund. Subscription to this fund is not
necessary for a member.
Unions have the right to amalgamate.
The executive of a registered trade union can negotiate with the employer
on employment or non-employment or the terms of employment or the
condition of labor of all or any of the members of the trade union
The employer shall receive and send replies to letters and grant interviews
to such body regarding such matters.
Entitled to post notices of the trade union meant for its members at any
premises where they are employed and that the employer shall provide
reasonable facilities for that.
05/27/17dr.sarma/HR coaching/Imran 8
9. The appropriate government appoints a person to
be the registrar or trade unions for each state.
When the documentation is completed, the
Registrar issues a Certificate of Registration.
05/27/17dr.sarma/HR coaching/Imran 9
10. An application must be sent to the Registrar of Trade Unions
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.
05/27/17dr.sarma/HR coaching/Imran 10
11. 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.
If more that half of the persons who had applied for the registration
cease to be members of the union or expressly disassociate
themselves from the application, the application for Registration will
be deemed to be invalid.
05/27/17dr.sarma/HR coaching/Imran 11
12. The application should be sent to the registrar along with the
copy of the rules of the trade union. (The rule book should be
enclosed).
It must contain 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 year,
a general statement of its assets and liabilities.
05/27/17dr.sarma/HR coaching/Imran 12
13. 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:
Name of the trade union
Object of the trade union
Purposes for which the general funds can be used.
Maintenance of the list of members and adequate
facilities to inspect it by the members of the trade union
the membership of ordinary members who are actually
engaged or employed in an industry with )which it is
connected as well as the membership of the honorary or
temporary members.
05/27/17dr.sarma/HR coaching/Imran 13
14. Rules related to the appointment of members of the
executive body.
The membership or subscription fee.
The conditions under which a member can get
the benefits or has to pay fines.
The safe custody of funds and provisions for inspecting
or auditing the statements, or other documents of the
trade union.
Dissolution of the trade union.
05/27/17dr.sarma/HR coaching/Imran 14
15. if a member fails to pay subscription fee, he cannot be
considered a member of the trade union.
However, subscriptions cannot be refused under some
pretext which results in the denial of membership.
membership of the union does not automatically cease upon
termination of the employment.
05/27/17dr.sarma/HR coaching/Imran 15
16. • The registrar has the power to ask for further
information to satisfy himself that the trade
union complies with section 5 and is eligible to
be registered under section 6.
• The registrar can refuse to register the trade
union until he receives the information.
• The power of the registrar is not discretionary.
05/27/17dr.sarma/HR coaching/Imran 16
17. Register if name is not connected to one already
registered.
Further, the Registrar has the power to ask to change the
name of the trade union if a union with the same name
already exists
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18. Under section 9, the registrar will issue the
certificate of registration in the prescribed
form, which is evidence that the trade union
is registered under this act.
05/27/17dr.sarma/HR coaching/Imran 18
19. if the registrar does not register the trade union within 3 months of
application, an appeal can be made to the High Court under art 226.
not incumbent upon the Registrar to hear other existing unions
before registering a new union.
05/27/17dr.sarma/HR coaching/Imran 19
20. the Registrar has the power to cancel the registration of a trade
union in the following conditions:
2 months notice in writing stating the ground
If the registrar is satisfied that registration was obtained by fraud or
mistake.
If the trade union has ceased to exist.
Financial irregularities in the accounts
If the trade union willfully, has contravened or allowed any rule to
continue in force, which is inconsistent with the provisions of this
act.
05/27/17dr.sarma/HR coaching/Imran 20
21. If the registrar is satisfied that a trade union of
workmen has ceased to have the requisite
number of members a show cause notice is
necessary to de recognize
05/27/17dr.sarma/HR coaching/Imran 21
22. An appeal may be made in case :
There is refusal by the registrar to register the Trade
Union Or
If there is a cancellation of the certificate of registration
05/27/17dr.sarma/HR coaching/Imran 22
23. Registration is done at the initiative of the Trade Union.
Certificate of Registration is issued by Registrar
Recognition is granted by the employer to Trade Unions
for facilitating negotiations and effective collective
bargaining.
05/27/17dr.sarma/HR coaching/Imran 23
24. There is no concept of a recognized union
under the Trade Union Act or the Industrial
Disputes Act.
union cannot enforce the right of
recognition against a management by writ,
since there is no statutory provision.
05/27/17dr.sarma/HR coaching/Imran 24
25. where a particular union has represented the
workmen for over 3 decades and carried out
negotiations, such union cannot be said to be
“Not Recognized”.
Refusal to grant Recognition, or withdrawal of
Recognition once granted, without affording a
opportunity of hearing to the Trade Union is
opposed to principles of Natural Justice.
05/27/17dr.sarma/HR coaching/Imran 25
26. High Court can interfere if principles of natural
justice are not followed.
HC does not have the right to quash recognition of
one union and accord it to another union.
05/27/17Dr.Sarma/HR coaching/Imran 26
27. The following are some restrictions on a registered
union.
Can spend funds only on the activities specified in
Section 15.
salaries of the office bearers.
expenses required for the administration of the
trade union
compensation to workers due to loss arise of any
trade dispute.
welfare activities of the workers including housing,
clothing, or any such activity.
05/27/17Dr.Sarma/HR coaching/Imran 27
28. ◦ benefits to the workers or their dependents in the case of
unemployment, disability, or death.
◦ publishing material for creating awareness in the workers.
◦ legal expenses required for defending or bringing a suit.
◦ education of workers or their dependents.
◦ expenses for medical treatment of workers.
◦ taking insurance policies
05/27/17Dr.Sarma/HR coaching/Imran 28
29. Section 17 confers immunity from liability in the case of criminal
conspiracy under section 120-B of IPC, committed by an office
bearer or a member.
immunity is partial in the sense that it is available only with
respect to the legal agreements created by the members for the
furtherance of valid objects
as calling for strike, persuading members to protest, distributing
pamphlets, making speeches to garner support for the union or
educate the employees about any unjust act of the
management etc.
05/27/17Dr.Sarma/HR coaching/Imran 29
30. The immunity can be claimed by a trade union
for an act which is done in furtherance of a
trade dispute:
Immunity is restricted to breach of contract of
employment Egg. Calling for a strike.
immunity for such conspiracy as long as no
offence is committed.
05/27/17Dr.Sarma/HR coaching/Imran 30
31. When it involves a violent act or illegal
means then members cannot claim
immunity.
Deliberate Trespass
Molestation during picketing
05/27/17Dr.Sarma/HR coaching/Imran 31
32. However, a trade union, its officers, and its members are
immune from this liability provided that such an
inducement is in contemplation or furtherance of a trade
dispute.
Further, the inducement should be lawful. There is no
immunity against violence, threats, or any other illegal
means.
05/27/17Dr.Sarma/HR coaching/Imran 32
33. A trade union cannot force members to subscribe to political fund
under .
A trade union must make available all its record books of accounts
and list of membership for inspection upon request of any member
or his representative.
Minors more than 15 yrs. of age to be members of a trade union.
However, such minors cannot hold office.
05/27/17Dr.Sarma/HR coaching/Imran 33
34. A trade union cannot appoint a person as an office bearer of a trade
union if he has been convicted of a crime involving moral turpitude
and has been imprisoned for 6 months or more within last 5 years.
At least half of the office bearers of a trade union of workers of
unorganized sector must be engaged or employed in an industry to
which the trade union is connected.
A general statement, audited in a prescribed manner, of all income
and expenses must be sent to the registrar every year.
05/27/17Dr.Sarma/HR coaching/Imran 34
35. An agreement between trade union members is
neither void nor voidable.
It is important to note that this right is available
only to registered trade unions.
An unregistered trade union must follow the
principles of general contract law
05/27/17Dr.Sarma/HR coaching/Imran 35
36. Collective bargaining consists of negotiations
between an employer and Union generally the
recognized union employees
To determine the conditions of working
The result of collective bargaining procedures is
a collective agreement.
05/27/17dr.sarma/HR coaching/Imran 36
37. The notice of dissolution signed by seven members
within 14 days of dissolution will be sent to registrar
and shall be registered by him if he is satisfied that the
dissolution has been affected in accordance with rules
of the TU.
Dissolution shall have effect from the date of
registration.
05/27/17Dr.Sarma/HR coaching/Imran 37
38. To minimize the helplessness of individual
workers by making them stand collectively.
To provide the workers with self confidence.
They take up welfare measures for betterment of
conditions for the workers.
To remove the dissatisfaction and redress the
grievances and complaints of workers.
05/27/17dr.sarma/HR coaching/Imran 38