Breaking any Trade Union?

As far as breaking of any trade union is concerned, neither the Trade Unions Act nor any other law of our country i.e. India permits breaking of a union.

It is true that many employers do not permit their workers to join a union or to organize their own union because they feel once they join a union, they work less and keep on demanding more and facilities and such employers do indulge in breaking the union by terminating active members of the union or suspending them or by harassing them or transferring them to other place. However, all such actions of employers are treated as illegal and unfair acts.

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Hope this small write up will give insight about pertained subject.

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Workmen / Employees who forming Union – When and how?

Our Indian Constitution recognizes under Article 19 (1) (g) the right of association as a fundamental right of citizens of India but this right to form a Trade Union was granted to workmen much before the Constitution of India. This right was recognized by Britishers in India on 25^th March 1926 by enacting a statute known as Trade Unions Act, 1926.

There are two ways of worker can form a Union; one is that they join some union which is already in existence. This is the simplest way. In this type they have to simply sign an enrolment form and pay a very nominal subscription fee as a token of becoming member of the union. Those workers may be casual, temporary or permanent and irrespective of their period of service they can become members of union as mentioned above. By this method even one worker of any establishment can join a union.

The other method is to form own union which is generally known as “Internal Union”. To elaborate in detail, prior to 1982, even the unions which were not registered under the Trade Unions Act were enjoying the right of representing workers under the provisions of the Industrial Disputes Act and making demands and raising disputes on their behalf. In the year 1982, by an amendment, only the Trade Unions which are registered under the Trade Unions Act are permitted to represent, raise demands and disputes on behalf of workmen. If any workers’ thinking of forming an internal union, then the requirement for internal union is that there should be minimum 7 members who can by subscribing their name to the Trade Union and by complying with other procedures, can make an application to the Registrar of Trade Unions for registration and obtain a certificate of Trade Union. Once the union is registered, then on behalf of workers of concerned company / establishment can put demands such as revision in their service conditions i.e. more salary, other perks, transport facility etc.

Hope this small write up will give insight about pertained subject.

IMPORTANT:

Information in this blog is being provided as-is without any warranty/guarantee of any kind.

This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at girishvivalkar979@gmail.com with your specific query or seek advice from qualified professional people.

We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.

Performing Union’s work during duty hours – If right of workers?

It has been made very clear in one of the famous case that the contract of employment the workman has with his employer is meant for rendering services and not for doing union work.

Union work, if any, is to be done at a time or in a manner so as to ensure that such activities do not hamper the production or services of the employer.

This actually meant that committee members of union will not have right to leave their place of work and listen to grievances of workers during working hours.

To get the supporting case law for this do write us on girishvivalkar979@gmail.com

Hope this small write up will give insight about pertained subject.

IMPORTANT:

Information in this blog is being provided as-is without any warranty/guarantee of any kind.

This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at girishvivalkar979@gmail.com with your specific query or seek advice from qualified professional people.

We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.