Trade Union Registration

The purpose of these unions is to look into the grievances of wagers and present a collective voice in front of the management. Hence, it acts as the medium of communication between the workers and management. Regulation of relations, settlement of grievances, raising new demands on behalf of workers, collective bargaining and negotiations are the other key principle functions that these trade unions perform. The Indian Trade Union Act, 1926, is the principle act which controls and regulates the mechanism of trade unions. In India, political lines and ideologies influence trade union movements. This is the reason why today political parties are forming and running trade unions.

REGISTRATION OF TRADE UNIONS:-

Appointment of Registrars:- The appropriate Government shall appoint a person to be the Registrar of Trade Unions for each State.

The appropriate Government may appoint as many Additional and Deputy Registrars of Trade Unions as it thinks fit for the purpose of exercising and discharging, under the superintendence and direction of the Registrar, such powers and functions of the Registrar under this Act as it may, by order, specify and define the local limits within which any such Additional or Deputy Registrar shall exercise and discharge the powers and functions so specified.

Mode of registration:-Any seven or more members of a Trade Union may, by subscribing their names to the rules of the Trade Union and by otherwise complying with the provisions of this Act with respect to registration, apply for registration of the Trade Union under this Act.

Where an application has been made under sub-section (1) for the registration of a Trade Union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the application, but before the registration of the Trade Union, some of the applicants, but not exceeding half of the total number of persons who made the application, have ceased to be members of the Trade Union or have given notice in writing to the Registrar dissociating themselves from the application.

Rules of a Trade Union:-

 A Trade Union shall not be entitled to registration under this Act, unless the executive thereof is constituted in accordance with the provisions of this Act, and the rules thereof provide for the following matters, namely: –

• The name of the Trade Union;
• The whole of the objects for which the Trade Union has been established;
• The whole of the purposes for which the general funds of the Trade Union shall be applicable, all of which purposes shall be purposes to which such funds are lawfully applicable under this Act;
• 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 the Trade Union;
• The 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 or temporary members as office-bearers required under section 22 to form the executive of the Trade Union;
• (ee) The payment of a subscription by members of the Trade Union which shall be not less than twenty-five naye paise per month per member;
• The conditions under which any member shall be entitled to any benefit assured by the rules and under which any fine or forfeiture may be imposed on the members;
• The manner in which the rules shall be amended, varied or rescinded;
• The manner in which the members of the executive and the other office-bearers of the Trade Union shall be appointed and removed;
• 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
• The manner in which the Trade Union may be dissolved.

RIGHT TO STRIKE:-

Right to strike is guaranteed under the Constitution and the Industrial Dispute Act. However, excessively long cooling off period, excessive penal sanction for unauthorised strikes and a long list of essential services frustrate this right. In accordance with the Indian Constitution, all citizens have the right to assemble peacefully without arms.

Strike is a cessation of work by a body of persons employed in any industry acting in combination or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment.

Members of a union must inform the employer at least six weeks prior to the proposed date of strike. Employer, within five days, notifies the appropriate Government or the authority about the notification. It is considered as a breach of contract if union members observe strike within 14 days or any time prior to expiry of notice period. Strike is also prohibited when the dispute resolution is in process.  Financial aid in direct furtherance of support of illegal strike by anyone is prohibited.

Employers also have the right to lockout workers. This right is subject to the same rules and restrictions as the right to strike.

FAQs

Ques:-What laws protect unions?

The most important federal laws governing unions include the National Labour Relations Act (NLRA), the Labour Management Relations Act (also known as the Taft-Hartley Act), and the Labour-Management Reporting and Disclosure Act, discussed in more detail below.

Ques:-Can a company refuse a union?

Workers have the right, under the National Labour Relations Act (NLRA), to refuse to join a union. The union is required to represent everyone in the bargaining unit, regardless of their union membership.