Trade Union Act, 1926 1 1

Refer: Francis Cherunilam: Business Environment, “Trade Unions;” Chapter 30. Suresh Bedi: Business Environment, “Labour Environment;” Chapter 32. Ruddar Datt, K.P.M. Sundharam (2010): Indian Economy, “Labour Problems and Labour Policy;” Chapter 40.

Trade Unions Definition: According to V.V. Giri, “Trade Unions are voluntary organisations (associations) of workers formed to promote and protect their interests by collective action”; Functions of Trade Unions (According to National Commission on Labour): To secure for workers fair wages; To safeguard security of tenure and improve conditions of service; To improve opportunities for promotion and training; To provide for educational, cultural and recreational facilities; To co-operate in and facilitate technological advance by broadening the understanding of workers;

Trade Unions Continued – To promote interests of workers in their industries; To promote production and productivity, discipline and high standards of quality; To promote individual and collective welfare. Trade Union Act, 1926 Objectives – To lay down the procedure for registration of Trade Unions, defining their rights and liabilities, regulating their activities, and making them more purposeful for the society. The Act extends to the whole of India.

Provisions of the Trade Union Act, 1926 Section 3: Appointment of Registrars - The appropriate Government is empowered to appoint a Registrar of Trade Unions for each State. It may also appoint Additional and Deputy Registrars of Trade Unions. Section 4: Mode of Registration - Any seven or more members of a Trade Union may apply for registration of the Trade Union under this Act: by subscribing their names to the rules of the Trade Union; and by complying with the provisions of this Act with respect to registration.

Provisions of the Trade Union Act, 1926 Section 5: Application for registration 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; Statement of the following particulars:- The names, occupations and addresses of the members making the application. The name of the Trade Union and the address of its head office. Where a Trade Union has been in existence for more than one year before the making of an application for its registration it needs to submit a statement of the assets and liabilities held by it.

Provisions of the Trade Union Act, 1926 Section 6: A Trade Union shall not be entitled to registration under this Act, unless its executive body is constituted in accordance with the provisions of this Act, and its rules provide for the following: the Name of the Trade Union; the Object for which the Trade Union has been established; and the purposes for which the general funds of the Trade Union shall be applicable.

Provisions of the Trade Union Act, 1926 Section 8, 9: Registration The Registrar, on being satisfied that the Union has complied with all the requirements of this Act in regard to registration, shall register and issue a certificate of registration to the Trade Union. Note: The Registrar cannot refuse to register a Trade Union if the application for registration complies with the technical requirement as laid down in this Act.

Provisions of the Trade Union Act, 1926 Section 10: Cancellation of Registration The certificate of registration of a Trade Union may be withdrawn or cancelled: On the application by the concerned Trade Union; If the Registrar is satisfied that the certificate has been obtained by fraud or mistake. Section 12: Registered office - All communications and notice to a registered Trade Union may be addressed to its registered office. Notice of any change in the address of the head office shall be given within fourteen days of such change to the Registrar in writing.

Provisions of the Trade Union Act, 1926 Section 13: Every registered Trade Union: - Shall have separate legal existence and be known by the name under which it is registered. It would have perpetual succession and a common seal; Shall have power to acquire and hold both movable and immovable property; Can sue and be sued.

Provisions of the Trade Union Act, 1926 Section 15: Objects on which general funds may be spent - Payment of salaries, allowances and expenses to office bearers, expenses for the administration, compensation to members for loss arising out of trade disputes; Allowance to members or their dependants on account of death, old age, sickness, accidents or unemployment; Provision of educational, social or religious benefits for members or for the dependants of members; Upkeep of a periodical published for the purposes of discussing questions affecting employers or workmen; Any other object notified by the appropriate Government in the official Gazette.

Provisions of the Trade Union Act, 1926 Section 18: Immunity from civil suit to certain cases No suit or other legal proceeding shall be maintained in any Civil Court against any registered Trade Union or its member in respect of any act done in contemplation or furtherance of a trade dispute to which such member or the Trade Union is a party. Section 27: Dissolution When a registered Trade Union is dissolved, notice for the dissolution signed by seven members and by the Secretary of the Trade Union shall, within fourteen days of the dissolution, be sent to the Registrar.

International Labour Organization (ILO) 13 13

International Labour Organization The International Labour Organization (ILO) was established in 1919 after World War I at Versailles; India become member of ILO in 1919; ILO considers Labour peace essential for universal prosperity. It (ILO) is a tripartite UN agency that brings together governments, employers and workers of its member states in common action to promote decent and productive work, throughout the world.

Key ILO Conventions To promote its objectives, ILO has from time to time passed certain conventions (agreements between member States). Some of them are: - Freedom of Association and Protection of the Right to Organize (1948) Abolition of Forced Labour (1957); Equal Remuneration (for work of equal value) (1951); Elimination of Discrimination (a regards employment and occupation) (1958); Minimum Age (1973).

Role of ILO in Promoting Industrial Relations: Promoting International labour standards (decent working conditions, and enhanced labour productivity); Promoting freedom, equity, security and dignity at work place; A common platform (of employers, employees, governments, NGOs, and other experts) for international dialogue on labour issues; It generates a worldwide Public Awareness for events, campaigns and issues concerning labour;

Role of ILO in Promoting Industrial Relations: (continued) Effort towards prohibition of Child Labour worldwide; Protecting the rights of Migrant workers; Promoting - Health, Safety, Welfare, and Social Security measures for workers worldwide; Effort towards workers skills enhancement & training.

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