Trade union recognition act

What is trade union recognition? Does the Trade Union Act have compulsory recognition? Can an employer recognize a trade union? Criteria of Recognition of Trade Union (S.

11) Any union can apply for the recognition if for the whole period of six calendar months immediately preceding the calendar month in which the application is made must have a membership of not less than thirty percent of the number of employees employed in any undertaking. H permits the registered trade union whose recognition is withdrawn under sub-s.

G to make an application for re-recognition after six months from the date of withdrawal of recognition. CHAPTER 98:TRADE UNION RECOGNISTION ACT An Act to provide for the improvement and promotion of industrial relations by the establishment of procedures for the certifying of trade unions as recognised majority unions and for the matters connected therewith. Collective bargainingis an important aspect of employer employee relation. The right of collective bargaining is not provided for all trade unions that exists but is provided for those trade unions which are recognisedRegistration of trade union is one thing and the recognition of trade union as a sole bargaining agent fot the purpose of collective bargaining is another thing.

Number of industrial strikes broke out on the question of recognition of union. In practice, management allows the recognized Trade Union only for negotiations and collective bargaining. As such, recognition of trade union serves as backbone of collective bargaining.

It has been debated time and again whether a trade union should be recognized or not.

This is because there is so far no enforced central legislation on this subject, i. In Kalindi and Others v. Tata Locomotive and Engineering Co. Ltdthe Supreme Court held that there is no right to representation as such unless the c. See full list on legalservicesindia. In workmen of kampali co operative sugar factory ltd v. Management of kampli co operative sugar factory ltdthe court held that when there is no provision regarding recognition in the statute the right cannot be enforced by writ petition. The key distinction between registration of trade union and recognition of trade union is the registration of trade union is done with the registar while recognition of trade union is done by the management as collective bargaining agent (in case of one union ) and collective bargaining council in case of many council).

Both are not mandatory under the Trade Unions Act. Although no specific right is granted to any trade union with respect to the right to be recognize it has become crucial in India to develop a mechanism wherein a trade union is recognized formally by the employer. Recognition is the process through which the employer accepts a particular trade union as having a representative character and hence, will be willing to engage in discussions with the union with respect to the interests of the workers. On the other han registration of a trade union carries certain inherent benefits with it.

A registered trade union is also immune from certain contractual, criminal and civil proceedings. However, registration is optional and not mandatory. Labour legislations in India were at a slow phase in developing. The momentum for industrial relations reached its peak during the first world war when many strike broke out between industrial and factory workers.

However much of these strike proved to be successful.

The establishment of ILO also paved way for the trade union movement in India. Certain criteria has to be complied with for a trade union to be recognised. But these draft never took the form of an act though in three occasions it came up before the government but the day fell before the bill could be discussed. The need for state intervention arose for getting unions recognised as the employers wanted to settle the terms and conditions of the work on the bases of liberal doctrine of ‘;freedom of contract’ but this freedom of contract has meaning only when the parties to the contracts are both in t. Where there is more than one union , a union claiming recognition should have been functioning for at least one year after registration. The membership of the union should cover at least of the workers in the establishment concerned.

Membership would be counted only to those who had paid their subscription for at least three months during the period of six months immediately preceding the reckoning iii. A union may claim to be recognized as a representative union for an industry in a local area if it has a membership of at least of the workers of that industry in that area. When a union is recognize there should be no change in its position for a period of two years. Where there are several unions in an industry or establishment, the one with the largest membership should be recognized. A representative union for an industry in an area should have the right to represent the workers in all the establishments in the industry, but if a union of workers in a p. The rights conferred on a recognized trade union are as follows1.

The executive of the trade union is entitled to negotiate with employer regarding employment, non employment, terms of employment or conditions of labour of any person or of all, if any dispute arsis between the executive and the employer on these issues it must be reffered to then registar whose decision is final. The executive of the recognized trade union is entitled to display the notices of the trade union in the premises where the employees are employed and the employer must make necessary arrangements 3. To collect some payable by the members to the union on the premises where wages are being paid 4. To appear behalf of any employee or employees in any domestic or departmental enquiry 5. A Trade Union being the sole bargaining agent or a principal bargaining. Recognition is one of the basic issues of industrial relation between employer and employee as the employer has no obligation to give recognition to any union , in the ealier times the attitude of the employer towards trade union has been hostile.

There are two major problems in union recognition 1. All registered union in india seem to have been enjoying industrial relation rights either de facto or de jure though they happen to be craft, caste or category based union 2. Regulations to a trade union of employees recognising it as the negotiating body for collective bargaining under Part III of the Act. Schedule Aof the Trade. Trade union of employees may claim recognition 3. Recognition of a trade union Before a trade union can represent its members in collective bargaining , it has to be first accorded recognition by the employer. The union recognition process is provided for in the Industrial Relations (Recognition of a Trade Union of Employees) Regulations. How a trade union gets recognition The union must ask you to recognise them voluntarily - if you agree to the request then the union is recognised.

If you don’t want to recognise the union and have. Section (E): Application to and grant of recognition by Labour Court: Where applied for recognition has failed to obtain within a period of three-month such application may apply to labour court for recognition by that employer. Therefore, the trade union is often involved in negotiations with employers to make arrangements for pay and other conditions of employment. Trade Union Recognition A trade union is a representative body for workers which serves to protect and advance the interests of its members.

Act was never brought to force Therefore, the mandatory recognition of trade unions is not present under any law in force in India. The unrecognized union can represent casual workmen in the absence of a recognized union. Previous Topic: Recognition of Trade Union. Next Topic: Unfair Labour Practices.

Enforced statutory recognition occurs where an independent trade union (or two or more trade unions acting together) makes a request for recognition. If the employer, together with any associated employer, employs fewer than workers on the day that the request is received the request is invalid as far as the legislation is concerned. The Trade Unions ( Recognition ) Act (Cap.96A) is repealed. Every registered trade union which was accorded recognition under the repealed Act continues to be accorded recognition after the commencement of this Act and the provisions of this Act apply to such a trade union accordingly.

A trade union will be successful in gaining recognition at your workplace if it can prove to you or to the CCMA that it has sufficient representation amongst your employees. The question is, what constitutes sufficient representation? Full representivity based on a simple.

You need to recognise the trade union before they can negotiate with you.