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Published byAlfred Burke Modified over 9 years ago
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Introduction The main elements in the development of trade unions of workers in every country have been more or less the same. The setting up of large-scale industrial units, created conditions of widespread use of machinery, new lines of production, and brought about changes in working and living environment of workers, and concentration of industries in large towns. It was this labour protest on an organized scale, through the support of some philanthropic personalities, that organized labour unions came to be formed
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Definition Trade union is an association either of employees or employers or of independent workers. It is a relatively permanent formation of workers. It is not a temporary or casual combination of workers. It is formed for securing certain economic, social benefits to members. Collective strength offers a sort of insurance cover to members to fight against irrational, arbitrary and illegal actions of employers. Members can share their feelings, exchange notes and fight the employer quite effectively whenever he goes off the track.
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There are some 164 million trade-union members worldwide, making trade unions the world's largest 'social movement' by far. Even so, it represents little more than 1-in-20 of the world's 3 billion-plus workers. The rest often go unrepresented.
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In India the Trade Union movement is generally divided on political lines. According to provisional statistics from the Ministry of Labour, trade unions had a combined membership of 24,601,589 in As of 2008, there are 11 Central Trade Union Organisations (CTUO) recognised by the Ministry of Labour.
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At present there are twelve Central Trade Union Organizations in India:
All India Trade Union Congress (AITUC) Bharatiya Mazdoor Sangh (BMS) Centre of Indian Trade Unions (CITU) Hind Mazdoor Kisan Panchayat (HMKP) Hind Mazdoor Sabha (HMS) Indian Federation of Free Trade Unions (IFFTU) Indian National Trade Union Congress (INTUC) National Front of Indian Trade Unions (NFITU) National Labor Organization (NLO) Trade Unions Co-ordination Centre (TUCC) United Trade Union Congress (UTUC) and United Trade Union Congress - Lenin Sarani (UTUC - LS)
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Objective of Trade Unions
Wages salaries Working conditions Discipline Personnel policies Welfare Employee-employer relation Negotiating machinery Safeguarding organizational health and interest of the industry
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Employer Issues and Trade Union Action!!
Sexual Harassment Repetitive Strain Injury Hearing Loss Bullying Discrimination Working Hours, Condition and Pay ACTION Overtime Ban Work-To-Rule Go Slow Strike
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How members can participate in their Trade Union
Vote for union officials Attend union meetings Take part in action Pay union membership Vote on taking action e.g. secret ballots
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Functions Of Trade Unions
Militant Functions To achieve higher wages and better working conditions To raise the status of workers as a part of industry To protect labors against victimization and injustice
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2. Fraternal Functions To take up welfare measures for improving the morale of workers To generate self confidence among workers To encourage sincerity and discipline among workers To provide opportunities for promotion and growth To protect women workers against discrimination
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Reasons For Joining Trade Unions
1. Greater Bargaining Power 2. Minimize Discrimination 3. Sense of Security 4. Sense of Participation 5. Sense of Belongingness 6. Platform for self expression 7. Betterment of relationships
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Union Problems Trade union leadership Uneven growth:
Small size of unions: Financial Weakness: Multiplicity of Trade Unions and rivalries(Powerful political parties have established their own trade unions with the intention of spreading their political power) Union opposition Leadership issues Political involvement in unions
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Other problems illiteracy Uneven growth Low membership
heterogeneous(mixed) nature of labour Lack of interest Absence of paid office bearers
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Trade Union Rights and Responsibilities.
Recruit new members Ask about changes in wages/conditions Take industrial action to protect members e.g. strike. RESPONSIBILITIES Not put pressure on people to join Not make unreasonable demands or threats Hold secret ballot, inform employers, take action peacefully
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PROCEDURE OF REGISTRATION OF TRADE UNION
At least 7 members should be present for an application It should in a prescribed form ,fees and should be registered under the Registrar of Trade Unions Should be accompanied by a copy of the Rules of TU Certificate of Registration is issued as soon as TU has been duely registered under the Act
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As per Section.6 of the Trade Union Act, a trade union cannot be registered unless it adheres to the provisions of the Act. Here are some mandatory rules to be satisfied by a trade union to be eligible for registration: Name of the Trade Union. Objectives of its establishments The lawful purpose of spending the general funds Maintenance of list of members, sufficient facilities for its scrutiny by the office bearers and union members. Payment of monthly membership fee of 25 paise Safe custody of funds Conduction of annual audits
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Legal Aspect of Cancellation or Withdrawal of Registration
The Registrar is authorized to withdraw or cancel the registration of a trade union. The process of cancellation or withdrawal of registration of a trade union is regulated by Section 10 of the Trade Union Act Section 10 (b) provides various grounds on which the registration of a trade union may be withdrawn by the Registrar. Few such grounds are: The certification of registration was acquired by fraudulent means or by mistake. If the trade union does not exist anymore. There is an intentional violation of rules or provisions provided by the Trade Union Act. If a rule, which is against the provisions of the Act, is still in force.
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CONFLICT IN THE WORKPLACE
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What causes industrial disputes?
Pay disputes Working conditions Unfair dismissals Promotion Poor industrial relations Introduction to new technology Discrimination
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What are the consequences of industrial relations conflict for a business
Industrial relations conflict can affect the business in the following way. Reduced productivity, increased costs Loss of profits Damage to public image Difficulty in recruiting & keeping staff Wasted time and energy
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What action can the employee/employer take in an industrial conflict?
Getting Legal Approval Before organising a strike or any other form of industrial action a trade union must follow the rules set out in the Industrial Relations Act This states that “a union cannot organise a strike or any other industrial action without getting members majority approval”
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Official disputes are ones which have received the approval of workers in a secret ballot and are confirmed by the ICTU. The union must them decide the type, the timing of the industrial action. wildcat or lightning strike is an unofficial dispute where no advance notice is given to management
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Deciding on the action to take
Token stoppages involve employees stopping work for a short period of time to demonstrate their feeling to management Work to rule is where employees refuse to undertake any work outside the terms of their employment contract A go slow occurs when employees carry out the minimum amount of work they can get away without their basic pay All out strike means employees stop working and leave the premises 3
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Picketing involves walking up and down outside the work place indicating a strike is in process Feb 2009 – public sector workers in Ireland picketing outside their employers premises
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How can an employer respond to strike
Some employers may attempt a lock out to break the strike. This can occur when an employer locks out or suspends employees during an industrial dispute. This is seen as trying to break the strikers morale. A more reasonable approach is to start negotiating a settlement with those involved. This may result in talks between employees unions and employers. If unresolved it may lead to help from the LRC or failing that the Labour Court
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5. How an industrial relations conflict between employees/employers can be resolved
Internal Solutions Take the complaint to the union council The union council will follow the grievance procedure agreed with the employer If no union, agreed employees should talk directly to manager responsible or to the HR manager
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Help from the LRC 4. Agreement of both sides, the matter is taken to the LRC which provides the following conflict resolution services. Conciliation services (for group conflict resolution) Rights Officer Service (for individual conflict resolution)
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Getting Help From the LABOUR COURT
5. This is seen as the last resort for industrial disputes. It provides an ARBITRATION SERVICE for group conflict resolution.
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What is the LRC? THE Labour Relations Commission was established to assist in settling disputes and to promote good industrial relations. The LRC provides the following services .
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The Labour Court is a court of last resort in industrial disputes:
Functions of the Labour Court 1)To resolve disputes that the LRC feel that they cannot sort out 2)To resolve any conflict that LRC feel they cannot investigate 3) To resolve disputes that are referred to by minister of employment /enterprise 4)To resolve disputes of exceptional circumstances
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9. Role of the (EAT) Employment Appeal Tribunal
The EAT is responsible for ensuring that firms obey the Unfair Dismissals Act It investigates any disputes between employees/employers concerning sackings, redundancy. Note: Compensation must be paid to employees up to a maximum of two years if a firm is guilty of unfair dismissals
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