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.