2. 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 for imposing
restrictive conditions on the conduct of any
trade or business and includes any federation of
two or more trade unions.
Trade union act 1926 sec 2(h)
3. Provided that this Act shall not affect–
(i) any agreement between partners as to their
own business;
(ii) any agreement between an employer and
those employed by him as to such
employment; or
(iii) any agreement in consideration of the sale
of the good-will of a business or of
instruction in any profession, trade or
handicraft.
4. Trade union certainly plays an important role in
industrial relations. The advantages of trade
union can be divided into the three:
Advantages To Workers
Advantages To Employer
Advantages To Society
Advantages
5. promote unity
Ensure improvement in working conditions
and provision of better welfare facilities.
spirit of self reliance and self respect
Change in employer’s attitude
Uniform Wages
Advantages To Workers
6. Disputes can be avoided or may be solved
amicably (harmoniously, politely)
industrial peace (sense of resp. and loyalty)
framing healthy labour policies (reduces
chance of industrial disputes in future)
Advantages To Employer
7. gain sympathy of general public (in crisis)
propose to the Government (to enact labour
policies to protect and develop labour force
of the country in a better way)
development of industrial economy by
maintaining good industrial relations It will
result in higher and better production at
lower costs
Advantages To Society
8. Doctrine of vested interest: It states that wages and
other conditions of employment should not be mixed
with work.
Doctrine of supply and demand: It holds that
collective action on the part of workers enables the
attainment of their objectives.
Doctrine of living wages: It talks empowering
workers to demand living wages.
Principles to Govern Trade Union
9. Doctrine of partnership: This doctrine accepts
workers as partners.
Doctrine of socialism: It implies that every worker has
a right to work and leisure, maintenance in old age,
sickness and equal pay for equal work.
10. It is a corporate body: The registered trade union
is a corporate body under section 13 of the Act.
It enjoys immunity (exemption) from criminal
conspiracies
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.
RIGHTS OF A TRADE UNION
11. The union can keep separate fund for political
purposes.
The union has a right to amalgamate to form a
larger union.
Members of the union have a right to inspect
books.
Any person who has attained the age of 18
years can become the member of the union.
The union can enforce the performance of
contracts
12. When a union is recognized by an employer,
members have the right to some time off to take
part in trade union activities. These may include :
Voting for action on industrial action
Voting in union elections
Meeting to discuss important matters
Attending the annual conference.
However, workers do not have the right to be
paid for any time spent in these activities.
Trade union activities
14. • Reformist Union:
Business Union- Built around congenial employer-
employee cooperation.
Friendly up- lift Union- Aspire to elevate the morale,
intellectual and social life of workers.
• Revolutionary Unions:
Political Union- Resort to political action to protect
the workers’ interest.
Anarchist Union- Try to destroy the existing
economic system by revolutionary means.
Classification of trade unions- Based
on purpose
15. Qualified Union: Membership <5% of the total
employees in any establishment in a continuous
area.
Representative Union: Membership at least 15% of
the total employees in any establishment in a
continuous area.
Primary Union: Membership is more than 15% of
the total employees in any establishment in a
continuous area.
Classification of trade unions- Based
on membership
16. o Craft Union: Workers of same craft or category of the
job form union. (drivers assn., signalling staff union
etc.,)
o General Union: Workers of any industry, any region,
and of any occupation form a union in order to
protect their overall interest.
o Industrial Union: Workers of different industries form
their own union.
o Federation and Confederation: Association of
different trade union to make common
representation.
Classification of trade unions- Based
on Trade
18. The registration of a trade union is not
necessary. However, upon registration, a trade
union gets several benefits including some
immunities that are not available to an
unregistered Trade Union.
19. Section 13 specifies that upon registration, a trade
union gets a legal entity status, due to which-
it has perpetual succession and a common seal.
can acquire and hold movable as well as
immovable properties.
can contract through agents.
can sue and can be sued.
20. • Appointment of the Registrar (Sec.3)
• Mode of registration
• Application of Registration
• Contains of the rule book
Procedure of Registration
21. 1. The appropriate Government shall appoint a person
to be the Registrar of Trade Unions for each State.
2. 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.
Section. 3. Appointment of
Registrars.
22. Section 4 says that to register a Trade Union, an
application must be sent to the Registrar of Trade
Unions appointed by an appropriate government.
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.
Mode of registration (S. 4)
23. 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.
There must not be less than seven members who are
engaged or employed in the establishment or
industry to which it is connected.
If more that half of the persons who applied for the
registration cease to be members of the union or
expressly disassociate themselves from the
application, the application will be deemed to be
invalid
24. Section 5 gives the details of the application. It says that the
application should be sent to the registrar along with the
copy of the rules of the trade union and a statement of the
following particulars
1) The name, occupation, and addresses of the applicants.
2) The name of the trade union and the address of its head
office.
3) The titles, names, ages, addresses, and occupations of
the office bearers of the trade union.
4) If the trade union has been in existence for more than 1
year, a general statement of its assets and liabilities
Application of Registration
25. Section 6 (Provisions to be contained in the
rules of a Trade Union) specifies the provisions
that should be contained in the rule book of the
trade union. 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.
Contain of the rule book
26. It must contain the rules for the following matters:
1. name of the trade union.
2. the whole object of the trade union.
3. the whole purposes for which the general funds can be
used.
4. the maintenance of the list of members and adequate
facilities to inspect it by the members of the trade union.
5. 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
27. 6. the appointment of members of the executive body.
7. the membership or subscription fee, which shall not
be less that 25 paisa per member per month
8. the conditions under which a member can get the
benefits or has to pay fines.
9. the safe custody of funds and provisions for
inspecting or auditing the statements, or other
documents of the trade union.
10. dissolution of the trade union
28. o Multiplicity of unions: (Lack skill formation, political
influence, external leadership, recognition, inter-
union rivalry etc..)
o Politicalization: (External leadership, exploitation of
political parties)
o Democracy and leadership: ( Centralised decision
making, obsession with political ideology)
o Financial position: (membership subscription, legal
charges are high, donations are linked to obligations)
Problems of Indian Trade Unions
29. o Management attitude: (Unions are blamed for all
difficulties faced by mgt., recognition of trade union
leads to bargaining)
o Illiteracy and ignorance : Majority illiterate, ignorant
and poor, Politicalization, division based caste and
creed, external leadership