Вы находитесь на странице: 1из 15

TRADE UNION ACT, 1926

Trade Union: means any combination, whether


temporary, or permanent, formed primarily
for the purpose of regulating the relations
between workmen and employers, or
between worker and worker, 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.
Registration of Trade Union
• Any seven or more members of a trade union may apply
for registration of a trade union in Form - A to the
Registrar appointed for the area.

• The application shall be accompanied by a resolution


authorizing seven ordinary members of the union to
make an application for registration of the union, and a
treasury chalan of Rs.500/- remitted as registration
fee.

• On receipt of the application for registration, the


Registrar, after making reasonable enquiry issue a
Registration Certificate in Form - B
Application for registration
• Every application for registration of a Trade Union
shall be made to the Registrar, and shall be
accompanied by a copy of the rules of the Trade
Union and a statement of the following particulars,
namely:

(a) the names, occupations and addresses of the


members making the application
(b) the name of the Trade Union and the address of
its head office
(c) the titles, names, ages, addresses and
occupations of the office-bearers of the Trade
Union.
Provisions to be contained in the rules
of a Trade Union
the name of the Trade Union
the objects for which the Trade Union has been established
the purposes for which the general funds of the Trade
Union shall be applicable
the maintenance of a list of the members of the Trade
Union and adequate facilities for the inspection thereof
the admission of ordinary members who shall be persons
actually employed in an industry with which the Trade
Union is connected
Provisions to be contained in the rules
of a Trade Union
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 executive members and the
other office-bearer of the Trade Union shall be
appointed and removed
the safe custody of the funds of the Trade Union, an
annual audit and adequate facilities for the
inspection of the account books
the manner in which the Trade Union may be dissolved.
Cancellation of Registration

• On an application of a Trade Union


in Form-D, or

• If the Registrar is satisfied that


the certificate of registration is
obtained by fraud of mistake
Objective of Trade Unions

• Secure fair wages for workers and improve their


opportunities for promotion and training.

• Safeguard security of tenure and improve their


conditions of service

• Improve working and living conditions of workers.

• Provide them educational, cultural and recreational


facilities.
Objectives cont.,

• Facilitate technological advancement by broadening


the understanding of the workers.

• Help them in improving levels of production,


productivity, discipline and high standard of living.

• Promote individual and collective welfare and thus


correlate the workers' interests with that of their
industry.
Rights and Liabilities
Objects on which general funds may be spent.-
the payment of salaries, allowances and expenses to
office-bearers of the Trade Union
the payment of expenses for the administration of the
Trade Union, including audit of the accounts of the
general funds of the Trade Union
the prosecution or defense of any legal proceeding to
which the Trade Union or any member thereof is a
party
the conduct of trade disputes on behalf of the Trade
Union or any member thereof
Rights and Liabilities
the compensation of members for loss arising out of
trade disputes
the payment of any expenses incurred, either
directly or indirectly, by a candidate or
prospective candidate for election as a member
of any legislative body constituted under
candidature
allowances to members or their dependants on
account of death, old age, sickness, accidents or
unemployment.
the provision of educational, social or religious
benefits for members or for the dependants
the upkeep of a periodical published
Disqualifications of office-bearers of
Trade Unions

• He has not attained the age of eighteen


years

• He has been convicted by a Court in


India of any offence involving moral
turpitude and sentenced to
imprisonment, unless a period of five
years has elapsed since his release.
TRADE UNIONS (AMENDMENT) ACT, 2001

• Registration - At least 10% or 100, whichever is less, subject to


a minimum of 7 workmen employed in the establishment on the
date of making of application for registration.

• Same condition for continuity.

• All office bearers of a registered trade union, except not more


than one-third of the total number or five, whichever is less,
shall be persons actually employed in the establishment or
industry with which the trade union is connected.

• Minimum rate of subscription


- one rupee per annum for rural workers,
- three rupees per annum for workers in unorganized sectors
- 12 rupees per annum in all other cases.
Trade Union Amendment Act, 2007
• Section 6 amended
• Any application submitted - At least 45% of the
employees in the appropriate unit support the
application.

• written support of the application, made within


90 days of the filing of the application”.

• (a) by striking out “25%” and substituting “45%”;


and
• (b) by striking out “six months” and substituting
“90 days”.
New section 12.1

• Subject to subsection (2), the board


may refuse to hear any allegation of an
unfair labour practice that is made more
than 90 days after the complainant
knew
New sections 21.1 and 21.2
• 21.1(1) Any decision of the board shall be
provided to the parties within six months of
the last day of the hearing unless the board is
reasonably justified in requiring more time.

• 21.2(1) In each fiscal year, the board shall, in


accordance with The Tabling of Documents
Act, 1991, submit to the minister an annual
report on the activities of the board for the
preceding fiscal year.

Вам также может понравиться