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Trade union
Trade union means any combination,
whether temporary or permanent , formed
primarily for the purpose of regulating the
relations between workmen and employers or
between workmen and workmen or between
employers and employers for imposing
restrictive conditions on the conduct of any
trade or business and includes any federation of
two or more trade unions.
Trade union act 1926 sec 2(h)
Provided that this Act shall not affect–
(i) any agreement between partners as to their
own business;
(ii) any agreement between an employer and
those employed by him as to such
employment; or
(iii) any agreement in consideration of the sale
of the good-will of a business or of
instruction in any profession, trade or
handicraft.
Trade union certainly plays an important role in
industrial relations. The advantages of trade
union can be divided into the three:
Advantages To Workers
Advantages To Employer
Advantages To Society
Advantages
promote unity
Ensure improvement in working conditions
and provision of better welfare facilities.
spirit of self reliance and self respect
Change in employer’s attitude
Uniform Wages
Advantages To Workers
 Disputes can be avoided or may be solved
amicably (harmoniously, politely)
 industrial peace (sense of resp. and loyalty)
 framing healthy labour policies (reduces
chance of industrial disputes in future)
Advantages To Employer
gain sympathy of general public (in crisis)
propose to the Government (to enact labour
policies to protect and develop labour force
of the country in a better way)
development of industrial economy by
maintaining good industrial relations It will
result in higher and better production at
lower costs
Advantages To Society
 Doctrine of vested interest: It states that wages and
other conditions of employment should not be mixed
with work.
 Doctrine of supply and demand: It holds that
collective action on the part of workers enables the
attainment of their objectives.
 Doctrine of living wages: It talks empowering
workers to demand living wages.
Principles to Govern Trade Union
 Doctrine of partnership: This doctrine accepts
workers as partners.
 Doctrine of socialism: It implies that every worker has
a right to work and leisure, maintenance in old age,
sickness and equal pay for equal work.
It is a corporate body: The registered trade union
is a corporate body under section 13 of the Act.
 It enjoys immunity (exemption) from criminal
conspiracies
Section 17 of the Trade Union Act gives immunity
to members and office bearers of registered
trade unions from criminal conspiracy in
connection with trade disputes.
RIGHTS OF A TRADE UNION
The union can keep separate fund for political
purposes.
The union has a right to amalgamate to form a
larger union.
Members of the union have a right to inspect
books.
Any person who has attained the age of 18
years can become the member of the union.
The union can enforce the performance of
contracts
When a union is recognized by an employer,
members have the right to some time off to take
part in trade union activities. These may include :
 Voting for action on industrial action
Voting in union elections
Meeting to discuss important matters
 Attending the annual conference.
However, workers do not have the right to be
paid for any time spent in these activities.
Trade union activities
Classification of trade
union
• Reformist Union:
 Business Union- Built around congenial employer-
employee cooperation.
 Friendly up- lift Union- Aspire to elevate the morale,
intellectual and social life of workers.
• Revolutionary Unions:
 Political Union- Resort to political action to protect
the workers’ interest.
 Anarchist Union- Try to destroy the existing
economic system by revolutionary means.
Classification of trade unions- Based
on purpose
Qualified Union: Membership <5% of the total
employees in any establishment in a continuous
area.
Representative Union: Membership at least 15% of
the total employees in any establishment in a
continuous area.
 Primary Union: Membership is more than 15% of
the total employees in any establishment in a
continuous area.
Classification of trade unions- Based
on membership
o Craft Union: Workers of same craft or category of the
job form union. (drivers assn., signalling staff union
etc.,)
o General Union: Workers of any industry, any region,
and of any occupation form a union in order to
protect their overall interest.
o Industrial Union: Workers of different industries form
their own union.
o Federation and Confederation: Association of
different trade union to make common
representation.
Classification of trade unions- Based
on Trade
Registration of Trade
Unions
The registration of a trade union is not
necessary. However, upon registration, a trade
union gets several benefits including some
immunities that are not available to an
unregistered Trade Union.
Section 13 specifies that upon registration, a trade
union gets a legal entity status, due to which-
it has perpetual succession and a common seal.
can acquire and hold movable as well as
immovable properties.
can contract through agents.
can sue and can be sued.
• Appointment of the Registrar (Sec.3)
• Mode of registration
• Application of Registration
• Contains of the rule book
Procedure of Registration
1. The appropriate Government shall appoint a person
to be the Registrar of Trade Unions for each State.
2. The appropriate Government may appoint as many
Additional and Deputy Registrars of Trade Unions as
it thinks fit for the purpose of exercising and
discharging, under the superintendence and
direction of the Registrar, such powers and
functions of the Registrar under this Act as it may,
by order, specify and define the local limits within
which any such Additional or Deputy Registrar shall
exercise and discharge the powers and functions so
specified.
Section. 3. Appointment of
Registrars.
 Section 4 says that to register a Trade Union, an
application must be sent to the Registrar of Trade
Unions appointed by an appropriate government.
 The application must be made by seven or more
persons who are engaged in the trade or industry in
connection to which the Trade Union is to be formed.
 All the applicants must subscribe their names to the
rules of the Trade Union and comply with the
provisions of this act regarding registration.
Mode of registration (S. 4)
There must be at least 10% or 100, whichever is less,
members who are engaged or employed in the
establishment or industry to which it is connected.
 There must not be less than seven members who are
engaged or employed in the establishment or
industry to which it is connected.
If more that half of the persons who applied for the
registration cease to be members of the union or
expressly disassociate themselves from the
application, the application will be deemed to be
invalid
Section 5 gives the details of the application. It says that the
application should be sent to the registrar along with the
copy of the rules of the trade union and a statement of the
following particulars
1) The name, occupation, and addresses of the applicants.
2) The name of the trade union and the address of its head
office.
3) The titles, names, ages, addresses, and occupations of
the office bearers of the trade union.
4) If the trade union has been in existence for more than 1
year, a general statement of its assets and liabilities
Application of Registration
Section 6 (Provisions to be contained in the
rules of a Trade Union) specifies the provisions
that should be contained in the rule book of the
trade union. A copy of this rule book must be
supplied along with the application for
registration of the trade union. This rule book
details the internal administration of the trade
union and also determines and governs the
relationship between the trade union and its
members.
Contain of the rule book
It must contain the rules for the following matters:
1. name of the trade union.
2. the whole object of the trade union.
3. the whole purposes for which the general funds can be
used.
4. the maintenance of the list of members and adequate
facilities to inspect it by the members of the trade union.
5. the membership of ordinary members who are actually
engaged or employed in an industry with which it is
connected as well as the membership of the honorary or
temporary members
6. the appointment of members of the executive body.
7. the membership or subscription fee, which shall not
be less that 25 paisa per member per month
8. the conditions under which a member can get the
benefits or has to pay fines.
9. the safe custody of funds and provisions for
inspecting or auditing the statements, or other
documents of the trade union.
10. dissolution of the trade union
o Multiplicity of unions: (Lack skill formation, political
influence, external leadership, recognition, inter-
union rivalry etc..)
o Politicalization: (External leadership, exploitation of
political parties)
o Democracy and leadership: ( Centralised decision
making, obsession with political ideology)
o Financial position: (membership subscription, legal
charges are high, donations are linked to obligations)
Problems of Indian Trade Unions
o Management attitude: (Unions are blamed for all
difficulties faced by mgt., recognition of trade union
leads to bargaining)
o Illiteracy and ignorance : Majority illiterate, ignorant
and poor, Politicalization, division based caste and
creed, external leadership
Thank you

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Trade union

  • 2. Trade union means any combination, whether temporary or permanent , formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen or between employers and employers for imposing restrictive conditions on the conduct of any trade or business and includes any federation of two or more trade unions. Trade union act 1926 sec 2(h)
  • 3. Provided that this Act shall not affect– (i) any agreement between partners as to their own business; (ii) any agreement between an employer and those employed by him as to such employment; or (iii) any agreement in consideration of the sale of the good-will of a business or of instruction in any profession, trade or handicraft.
  • 4. Trade union certainly plays an important role in industrial relations. The advantages of trade union can be divided into the three: Advantages To Workers Advantages To Employer Advantages To Society Advantages
  • 5. promote unity Ensure improvement in working conditions and provision of better welfare facilities. spirit of self reliance and self respect Change in employer’s attitude Uniform Wages Advantages To Workers
  • 6.  Disputes can be avoided or may be solved amicably (harmoniously, politely)  industrial peace (sense of resp. and loyalty)  framing healthy labour policies (reduces chance of industrial disputes in future) Advantages To Employer
  • 7. gain sympathy of general public (in crisis) propose to the Government (to enact labour policies to protect and develop labour force of the country in a better way) development of industrial economy by maintaining good industrial relations It will result in higher and better production at lower costs Advantages To Society
  • 8.  Doctrine of vested interest: It states that wages and other conditions of employment should not be mixed with work.  Doctrine of supply and demand: It holds that collective action on the part of workers enables the attainment of their objectives.  Doctrine of living wages: It talks empowering workers to demand living wages. Principles to Govern Trade Union
  • 9.  Doctrine of partnership: This doctrine accepts workers as partners.  Doctrine of socialism: It implies that every worker has a right to work and leisure, maintenance in old age, sickness and equal pay for equal work.
  • 10. It is a corporate body: The registered trade union is a corporate body under section 13 of the Act.  It enjoys immunity (exemption) from criminal conspiracies Section 17 of the Trade Union Act gives immunity to members and office bearers of registered trade unions from criminal conspiracy in connection with trade disputes. RIGHTS OF A TRADE UNION
  • 11. The union can keep separate fund for political purposes. The union has a right to amalgamate to form a larger union. Members of the union have a right to inspect books. Any person who has attained the age of 18 years can become the member of the union. The union can enforce the performance of contracts
  • 12. When a union is recognized by an employer, members have the right to some time off to take part in trade union activities. These may include :  Voting for action on industrial action Voting in union elections Meeting to discuss important matters  Attending the annual conference. However, workers do not have the right to be paid for any time spent in these activities. Trade union activities
  • 14. • Reformist Union:  Business Union- Built around congenial employer- employee cooperation.  Friendly up- lift Union- Aspire to elevate the morale, intellectual and social life of workers. • Revolutionary Unions:  Political Union- Resort to political action to protect the workers’ interest.  Anarchist Union- Try to destroy the existing economic system by revolutionary means. Classification of trade unions- Based on purpose
  • 15. Qualified Union: Membership <5% of the total employees in any establishment in a continuous area. Representative Union: Membership at least 15% of the total employees in any establishment in a continuous area.  Primary Union: Membership is more than 15% of the total employees in any establishment in a continuous area. Classification of trade unions- Based on membership
  • 16. o Craft Union: Workers of same craft or category of the job form union. (drivers assn., signalling staff union etc.,) o General Union: Workers of any industry, any region, and of any occupation form a union in order to protect their overall interest. o Industrial Union: Workers of different industries form their own union. o Federation and Confederation: Association of different trade union to make common representation. Classification of trade unions- Based on Trade
  • 18. The registration of a trade union is not necessary. However, upon registration, a trade union gets several benefits including some immunities that are not available to an unregistered Trade Union.
  • 19. Section 13 specifies that upon registration, a trade union gets a legal entity status, due to which- it has perpetual succession and a common seal. can acquire and hold movable as well as immovable properties. can contract through agents. can sue and can be sued.
  • 20. • Appointment of the Registrar (Sec.3) • Mode of registration • Application of Registration • Contains of the rule book Procedure of Registration
  • 21. 1. The appropriate Government shall appoint a person to be the Registrar of Trade Unions for each State. 2. The appropriate Government may appoint as many Additional and Deputy Registrars of Trade Unions as it thinks fit for the purpose of exercising and discharging, under the superintendence and direction of the Registrar, such powers and functions of the Registrar under this Act as it may, by order, specify and define the local limits within which any such Additional or Deputy Registrar shall exercise and discharge the powers and functions so specified. Section. 3. Appointment of Registrars.
  • 22.  Section 4 says that to register a Trade Union, an application must be sent to the Registrar of Trade Unions appointed by an appropriate government.  The application must be made by seven or more persons who are engaged in the trade or industry in connection to which the Trade Union is to be formed.  All the applicants must subscribe their names to the rules of the Trade Union and comply with the provisions of this act regarding registration. Mode of registration (S. 4)
  • 23. There must be at least 10% or 100, whichever is less, members who are engaged or employed in the establishment or industry to which it is connected.  There must not be less than seven members who are engaged or employed in the establishment or industry to which it is connected. If more that half of the persons who applied for the registration cease to be members of the union or expressly disassociate themselves from the application, the application will be deemed to be invalid
  • 24. Section 5 gives the details of the application. It says that the application should be sent to the registrar along with the copy of the rules of the trade union and a statement of the following particulars 1) The name, occupation, and addresses of the applicants. 2) The name of the trade union and the address of its head office. 3) The titles, names, ages, addresses, and occupations of the office bearers of the trade union. 4) If the trade union has been in existence for more than 1 year, a general statement of its assets and liabilities Application of Registration
  • 25. Section 6 (Provisions to be contained in the rules of a Trade Union) specifies the provisions that should be contained in the rule book of the trade union. A copy of this rule book must be supplied along with the application for registration of the trade union. This rule book details the internal administration of the trade union and also determines and governs the relationship between the trade union and its members. Contain of the rule book
  • 26. It must contain the rules for the following matters: 1. name of the trade union. 2. the whole object of the trade union. 3. the whole purposes for which the general funds can be used. 4. the maintenance of the list of members and adequate facilities to inspect it by the members of the trade union. 5. the membership of ordinary members who are actually engaged or employed in an industry with which it is connected as well as the membership of the honorary or temporary members
  • 27. 6. the appointment of members of the executive body. 7. the membership or subscription fee, which shall not be less that 25 paisa per member per month 8. the conditions under which a member can get the benefits or has to pay fines. 9. the safe custody of funds and provisions for inspecting or auditing the statements, or other documents of the trade union. 10. dissolution of the trade union
  • 28. o Multiplicity of unions: (Lack skill formation, political influence, external leadership, recognition, inter- union rivalry etc..) o Politicalization: (External leadership, exploitation of political parties) o Democracy and leadership: ( Centralised decision making, obsession with political ideology) o Financial position: (membership subscription, legal charges are high, donations are linked to obligations) Problems of Indian Trade Unions
  • 29. o Management attitude: (Unions are blamed for all difficulties faced by mgt., recognition of trade union leads to bargaining) o Illiteracy and ignorance : Majority illiterate, ignorant and poor, Politicalization, division based caste and creed, external leadership