Trade union and its
Formation
It is
basically an association of workmen / employees in general and Any set of employees can form a trade union as per the Trade
union act 1926 including recent amendments.
However,
there are certain protocols to be followed for the same .
You'll
understand better if you go through below terms and their definition.
Section
2 sub sections (g) and (h) define trade dispute and trade union as follows as
per the ACT :
(g)
"trade dispute" means any dispute between employers and workmen or
between workmen and workmen, or between employers and employers which is
connected with the employment or non-employment, or the terms of employment or
the conditions of labour, of any person, and "workmen" means all
persons employed in trade or industry whether or not in the employment of the
employer with whom the trade dispute arises
and
(h)
"Trade Union" means any combination, whether temporary or permanent,
formed primarily for the purpose of regulating the relations between workmen
and employers or between workmen and workmen, or between employers and
employers, or for imposing restrictive conditions on the conduct of any trade
or business, and includes any federation of two or more Trade Unions.
S0 , you
see law does deprive you of your rights , All laws whether mercantile or labor
are for betterment and smooth functioning of the system.
You
have to first register for a trade union , the process includes:
Any
group of nine or more persons can form a Trade Union .
but ,
with
the prerequisite that no Trade Union of the workmen shall be registered unless
at least 10% or 100, whichever is less, persons engaged or employed in the
Establishment or industry with which it is connected are the members of such
trade union on the date of making of application for registration. The minimum
age limit for membership of a Trade Union is 15 years unless the rules of a
particular trade union provide for higher age limit. However for being an
office bearer the person has to be above 18 years of age.
Also ,
The
rulebook of the trade union, a copy of which is to be submitted for
registration along with other details, shall disclose whole of the objects for
which the trade union has been established and whole of the purposes for which
the general funds of the trade union shall be applicable. The rules shall also
determine membership criteria, subscription requirements, method of election of
office bearers and dissolution of the trade union (Sec 6).
The
Registrar’s satisfaction about compliance with all the requirements
of the Act leads to registration (Sec 8) creating a
corporate personality. But keep in consideration the points below:
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(i)
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A registered trade union of workmen shall at all times
continue to have not less than 10% or 100 of the workmen, whichever is less,
subject to a minimum of 7 persons engaged or employed in the
Establishment or industry with whichever it is connected, as its
members.
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(ii)
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All office bearers of a registered trade union except not more
than one third of the total numbers of office bearers or five, whichever is
less, shall be persons actually engaged or employed in the Establishment or
Industry with which trade union is connected.
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In
order to deal with the problem of multiplicity of trade unions, it is provided
by the Amendment Act 2001 that a registered trade union of workmen shall at all
times continue to have not less than ten percent or one hundred of the workmen,
whichever is less, employed in the industry with which it is connected (Sec
9A). Willful contravention of the provisions of the Act, or fraud or mistake in
obtaining registration, or stoppage of functioning may cost its registration
itself (Sec 10). This is a strong measure for purpose compliance.
For the Process of
Registration :
Every
application for registration of a Trade union shall be made in Form A appended
to the Trade Unions Act 1926 before the Registrar of Trade Unions and shall be
accompanied by a copy of Rules of the trade union and a statement giving
following particulars.
- Names,
occupations and address of the members making application.
- The
name of the Trade union and the address of its lead Office.
- The
titles, names, ages addresses and occupations of the (office bearers) of
the trade union as per format given in Schedule 1 appended to the
Trade Unions Act 1926.
NB:Where a trade union is in existence for more than a year before
making an application to the Registrar the application should be accompanied by
a general statement of assets and liabilities of the trade union as per Schedule III appended to the Trade Unions Act.
Trade
Union shall not be entitled to registration under the Trade Unions Act 1926
unless the executive there of is constituted in accordance with the provisions
of the Act and the rules thereof provide for the matters contained in Schedule II
The
Registrar, on being satisfied that the trade union has complied with all the
requirements of this Act in regard to registration shall register the Trade
Union by entering the particulars in a register. The Registrar on registering a
Trade Union as detailed earlier shall issue a certificate
of registration in
prescribed Form C which shall be conclusive evidence that the Trade Union has
been duly registered.
NB: The application cannot become invalid merely on the grounds
of withdrawal of few members backing out after the same has been made, even if upto half of the
total number of the persons who have made the application have ceased to be
associated or have given notice in writing to the Registrar dissociating
themselves from the application.
Also ,
Trade Union shall not be entitled to registration under the
Trade Unions Act 1926 unless the executive there of is constituted in
accordance with the provisions of the Act and the rules thereof provide for the
matters contained in Schedule II
NB: Then,
there are other dimension like qualification criteria, funds and types, dos and
don’ts etc , this
is just an overview and there are more specifications and I'll suggest you go for
legal assistance. This is just an overview and should not be taken as a basis
for any legal action.
Regards
,
Arakanshu
Singh.
Also
follow my blog for better HR and it’s processes understanding.
Link
Below .
Credits:
http://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Trade+Union/
