Professional Documents
Culture Documents
Unions For?
A.V.Raman
What are their functions? MAIN
COMMENTATORS
• Flanders argues that the basic social purpose of trade unions is ‘job
regulation’ not only within the confines of the industry but also at
the national level in order to influence overall levels of
employment, economic planning, etc.
• The role of ‘job regulation’ or rule making was not to be an end
itself but ‘as a means for the free development of the individual
worker during the course of working life per se’
• However, the political role assigned to labour by the ‘Democratic’
perspective does not give room for the aspirations of the workers to
seize political power and re-organise the whole society on a new
basis. The political role expected of labour by this perspective is to
be within the framework of existing production relations and power
structure.
BROAD FUNCTIONS OF A TRADE UNION
Collective Mobilisation
Organised representation
Channalising workers’ Grievances and seeking their Redressal
To meet unexpected economic requirements and social needs
For securing power
WHAT IS A TRADE UNION?
These are voluntary organizations
of workers formed to
promote and protect their
interests through collective
action
MODES OF ACTION OF A TRADE UNION
• Mutual insurance
• Collective bargaining
• Legal enactment
• Direct action
BROAD OBJECTIVES OF A TRADE UNION
• Organisational
• Economic
• Political-legal
• Welfare
SPECIFIC FUNCTIONS OF A TRADE UNION
• Protect economic interests of the members.
• Influence social relationships (employee–employer) at workplace.
• Influence policies and legislation at national level.
• Redress inequality in distribution of money and power in organisations.
• Precipitate collective withdrawal in the pursuit of sectional interests.
• Collaboration for productivity and gain-sharing.
• Enhancing professional competence of their members.
• Preparation for bargaining i.e. research function of trade unions.
• Communication, welfare function and education i.e. ancillary functions.
Features of a TU
• Internally democratic
• Adaptability to change
HOW DO YOU ASCERTAIN MEMBERSHIP?
Closed Shop/ Union Shop
A system whereby new entrants to employment must join the union within a stipulated period.
Membership Verification
An official of the Labour Department of the state or central government visits that
enterprise/establishment, obtains the roster of employees from the management and asks each
employee individually whether or not they wish to become members of a union and if so, which union.
Check-off
Employees are asked to state in writing to the employer whether or not they belong to a union and if
they do, to which union grouping.
Secret Ballot
This method enables employees to exercise their option secretly, without fear or favour.
Free Riders
These are non-members of the union
who also get the benefit without either
paying subscription or participating in
union meetings and other struggles
UNION SECURITY
• The unions derive its meaning and strength from the number of
members it has. The unions therefore look for following measures
to enhance security:
• ‘Industrial-
management’ refers to seeing union representatives participating
in the management function of the enterprise
in the areas of mutual, rather than Competing interests.
Who are the TU’s responsible to?
• The TU’s are primarily responsible to their own members and their welfare.
• Their primary commitment is towards their members not the firm or any national order
• The union collects subscription fees for protecting the interests of their members as they see it and not in
accordance with interests seen as best by other members
• The primary activity of a TU leadership is representation of their members. No other organisation can do
this. Trade Unions promote sectional interests the interests of the population they intend to organise.
• From this premise flows the claim that Trade Unions exist to promote the interests of the members they
claim to represent.
• So what do exactly TU’s do-It can be said that TU’s primarily engage in the activity of Collective Bargaining.
• What then this Collective Bargaining-Collective Bargaining is a method of determining terms and conditions
of employment by negotiation between representatives of the employer and union representatives of the
employees. The results of this bargaining process is set forth in a collective bargaining agreement .
Collective bargaining determines the terms and conditions of the employment for all workers in the
bargaining unit. It is different from negotiations between a single employee and employer.
What is the outcome that Unions work for?
• Shorten working hours.
• Regulation of wages and raising them and regulating a wide range
of issues pertinent to members job and work.
• Ensure better working conditions and prevent the employer from
tightening the labour process and deskilling labour.
• Unions work towards ensuring that employers do not have a carte-
blanche in their decision making and authority and strive to lessen
or mitigate the dependence of employees on market fluctuations.
• This they do by constantly monitoring employer activity and
adhering to rules which protect material standards of living,
security and status.
DEFINING TRADE UNIONS
• Trade Unions fight against and negotiate with employers to
establish rights which entail a corresponding set of obligations
through collective agreements and by being vigilant to day to day
working practices. These rules and collective agreements secure to
employees-
• The right to a fixed rate of wages
• The right to not to work longer than a certain number of hours
• The right to not to be dismissed without consultation or
compensation.
• As Flanders says this means TU’s work towards creating a social
order in industry embodied in a code of industrial rights and
enabling workers to gain greater control over their working lives.
TU’s are a process, a movement and an
organisation
• They are a process because the mirror an amoebic organism and have to be
adaptable and dynamic.
• They are a movement because the members of the movement share the same
ideas and sentiments in some measure and they want to achieve the same
objectives
• They are an organisation because they have a coherence and cohesive structure
and must ensure that members comply with its decisions. This is done through
sanctions and rewards to uphold internal discipline.’ On the strength of its
sanctions rather than an appeal of its objectives does the unity and power of an
organisation depend’ Flanders.
• The establish enduring relationships with employers through collective
bargaining.
Therefore let us summarise
• A TU is an association either of employees or employers or of
independent workers
• It is a relatively permanent formation of workers and is never a
temporary or casual form of workers. It is formed on a continuous
basis.
• It is formed for securing certain economic [wages, working and
living conditions], social benefits for members. Collective strength
immunises workers from ad-hoc managerial action.
• It emphasises joint-coordinated and collective bargaining.
Three Union typologies you need to know
on the basis of membership
• Industrial Union consists of many workers working in the same
industry or company regardless of their jobs and is vertical in
nature. Covers skilled and unskilled workers.
• General Union- Consists of workers employed in different
industries and crafts within a particular city or region. Workers
become a part of a general crowd with varying interests.
• Federations- National level entities which plant level unions, craft
unions industrial unions are affiliated. These ae apex bodies co-
ordinating the efforts of various unions in their fold.
Some important trade unions in India
• INTUC [ Indian National Trade Union Congress]
• Centre of Indian Trade Unions[CITU]
• Hind Mazdoor Sabha
• All India Trade Union Congress[AITUC]
• Bharatiya Mazdoor Sangh
• Centre of Indian Trade Unions
• AIRMU[All India Railway Mazdoor Union]
Important Federations
• Besides the affiliated unions and their federations, there are a large number of associations and federations which
have not joined any one of the Central Workers’ Organizations. Some of are as under:
• The Act was enacted with the object of providing for the
registration of trade unions and verification of the
membership of trade unions registered so that they may
acquire a legal and corporate status.
• As soon as a trade union is registered, it is treated as an
artificial person in the eyes of law, capable of enjoying the
rights and discharging liabilities like a natural person
The 10 percent clause
• 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.
• 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.
WHEN IS IT BORN -REGISTRATION
• Any trade union formed with at least seven members may apply
for registration to the Registrar with following documents:
A copy of the rules of the trade union.
Names, occupation and the addresses of the members making
the application.
Name of the trade union and the address of its office.
Designation, names, age, addresses and occupation of the office
bearers of the trade union.
In case already in operation, then should submit statement of
accounts/ assets and liability.
Appropriate Government
• In relation to TU’s whose objectives are not confined to one state
the appropriate government is the central government. In relation
to other unions the appropriate government is the state
government.
• Executive implies the body which the management of the TU is
entrusted.
Power to call
Provisions to for further
Application be contained particulars
Appointment Mode of Certificate of
for in the rules and to Registration
of Registrars. registration registration
registration of a Trade require
Union alterations of
names
29
Appointment of registrars(Sec. 3)
-Appointed by “appropriate Government”
- appropriate Government can also appoint as many
additional and Deputy Registrars of trade unions.
-But limits will be defined by Registrar
Mode of registration(Sec. 4)
-If the number of employees in the particular establishment is
less than 100 then 10% of the total employees is required to
form a trade union If the number of employees in a particular
establishment is more than 100 then the minimum number of
members required to form a trade union is 100 .
30
3) Application for Registration(Sec. 5)
-Application for registration of TU shall be made
to Registrar in comply with Rules and statement
of following particulars:
Names,
Name of the Trade
Occupations &
Union & Address of
Address of the
its head office
members
Where is the
Titles, Names, Ages,
Existence of TU
Addresses &
from past 1 Year
Occupations of
before making this
office Bearers of TU 31
application
4) Provisions to be contained in the Rules of
Trade Unions(Sec. 6)
list of members of Whole of the objects
TU and their for which the TU has
Name of TU
inspection been established.
-
admission of ordinary
Whole of the purpose members(employee) to
Payment of whom the TU is
for which the general subscription 25
funds of the TU shall connected & the number
paise/month/mem of temporary members
be applicable. ber as office-bearers(forms
the executive of TU)
33
6) Registration(Sec. 8)
Registrar, on being satisfied that the TU has
complied with all the requirements of this Act in regard
to registration, shall register the TU within a
period of 60 from the date of such
days
compliance.
7) Certificate of registration
in the prescribed form which shall be conclusive
evidence that the Trade Union has been duly
registered under this Act.
34
What happens after a TU is recognised?
• Registration is not mandatory though several benefits accrue after registration. It will become like a
voluntary association for example a music club or voluntary service association without registration.
• ->. It becomes a body incorporated by the name under which it is registered, and also becomes a legal entity distinct from
its members of which it is composed.
• It has the power to acquire and hold both movable and immovable property.
• Under the present law, registration is not compulsory, unregistered trade unions are not illegal either.
• But the benefits conferred by law on registered unions will not be available to unregistered trade union.
• An unregistered trade union has neither corporate existence nor legal entity.
•
IMMUNITIES
• 1.As per section 13, upon registration, a trade union becomes a legal entity and as a
consequence, it gets perpetual succession and a corporate seal, it can acquire and hold
movable and immovable property, contract through agents, and can sue and get sued.
• 2. Under section 15 a registered trade union has a right to establish a general fund.
• 3. Under section 16, a registered trade union has a right to establish a political fund.
Subscription to this fund is not necessary for a member.
• 4. Under section 17, 18, and 19 a registered trade union gets immunity in certain
criminal, civil, and contractual proceedings.
• 5. Under section 24, trade unions have the right to amalgamate.
• 6. Under section 28-F, the executive of a registered trade union has a right to negotiate
with the employer the matters of employment or non-employment or the terms of
employment or the condition of labor of all or any of the members of the trade union
and the employer shall receive and send replies to letters and grant interviews to such
body regarding such matters. It further provides that the executive is entitled to post
notices of the trade union meant for its members at any premises where they are
employed and that the employer shall provide reasonable facilities for that.
Dissolution
• When a registered trade union is dissolved, the notice of the
dissolution signed by the seven members and by the secretary of
the trade union is required to be submitted within 14 days of the
dissolution to the Registrar for verification as to whether the
dissolution has been effected as per rules of the union.
45
GENERAL FUND OF A TU
The general funds of a registered trade union shall not be
spent on any other objects than those specified in the Act.
Also, a registered trade union may constitute a separate
fund, from contributions separately levied for or made to
that fund, for the promotion of the civic and political interest
of its members. No member shall be compelled to contribute
to such fund and a member who does not contribute to the
said fund shall not be excluded from any benefits of the
trade union, or placed in any respect either directly or
indirectly under any disability or at any disadvantage as
compared with other members of the union by reason of his
contribution to the said fund.
How can the money be taken from the
pot?
• A Trade Union cannot spend the funds on anything the office bearers want. It can spend
funds only on the activities specified in Section 15. These include:
• 1. salaries of the office bearers.
• 2. expenses required for the administration of the trade union
• 3. compensation to workers due to loss arise of any trade dispute.
• 4. welfare activities of the workers including housing, clothing, or any such activity.
• 5. benefits to the workers or their dependents in the case of unemployment, disability,
or death.
• 6. publishing material for creating awareness in the workers.
• 7. legal expenses required for defending or bringing a suit.
• 8. education of workers or their dependents.
• 9. expenses for medical treatment of workers.
• 10. taking insurance policies for workers
WARNING DO’S AND DON’T’S FOR TU’S
• For example- In the Mario Raposo vs H M Bhandarkar and others 1994 case - Office bearers of a
trade union invested the money from general fund into shares of UTI. This was held invalid
because it is a speculative investment.
• 2. A trade union cannot force members to subscribe to political fund under section 16.
• 3. Under section 20 a trade union must make available all its record books of accounts and list of
membership for inspection upon request of any member or his representative.
• 4. Section 21 allows minors more than 15 yrs of age to be members of a trade union. However,
such minors cannot hold office.
• 5. Under section 21-A, a trade union cannot appoint a person who has been convicted of a crime
involving moral turpitude and has been imprisoned for 6 months or more within last 5 years.
• 6. As per section 22, at least half of the office bearers of a trade union of workers of unorganized
sector must be engaged or employed in an industry to which the trade union is connected. Also,
while a union has a right to remove any office bearer, this power must be used judiciously and
rules of natural justice must be followed.
• 7. Under section 28, a general statement, audited in a prescribed manner, of all income and
expenses must be sent to the registrar every year.
DEAFAULTING IN DOCUMENTATION
ELEMENTARY MISTAKE
• Every office-bearer or other person bound by the rules of the trade union
shall be punishable with the payment of fine, if:- Default is made on the
part of any registered trade union in giving any notice or sending any
statement or other document as required by or under any provision of this
Act; or
Any person willfully makes, or causes to be made, any false entry in, or
any omission from, the general statement or in or from any copy of rules or
of alterations of rules sent to the Registrar; or
Any person who, with intent to deceive, gives to any member of a
registered trade union or to any person intending or applying to become a
member of such trade union any document purporting to be a copy of the
rules of the trade union or of any alterations to the same which he/ she
knows, or has reason to believe, is not a correct copy of such rules or
alterations as are for the time being in force, or any person who, with the
like intent, gives a copy of any rules of an unregistered trade union to any
person on the pretense that such rules are the rules of a registered trade
union.
Protection against legal impunity
• No office-bearer or member of a registered trade union shall be
liable to punishment under the Indian Penal Code in respect of any
agreement made between the members for the purpose of
furthering any such object of the trade union as specified in the Act,
unless the agreement is an agreement to commit an offence.
• Section 18 confers immunity from civil proceedings in certain cases
to a trade union or its office bears or members. In general, a person
is liable in torts for inducing another person to breach his contract
of employment or for interfering with the trade or business of
another. However, a trade union, its officers, and its members are
immune from this liability provided that such an inducement is in
contemplation or furtherance of a trade dispute. Further, the
inducement should be lawful. There is no immunity against
violence, threats, or any other illegal means
FRAUD-Appropriation of TU Funds-
STEALING FROM THE MONEY POT
The account books of a registered trade union and the list of
members thereof shall be open to inspection by an office-bearer
or member of the trade union at such times as may be provided
for in the rules of trade union.
A person shall be disqualified for being chosen as, and for being a
member of, the executive or any other office-bearer or registered
trade union if- (i) he has not attained the age of eighteen years;
(ii) 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.
•
Amendments to TU
The Trade Unions Act 1926 has been amended from time to time and the most
important being the Trade Unions (Amendment) Act, 2001. This Act has been
enacted in order to bring more transparency and to provide greater support to
trade unionism in India. Some of the salient features of the Trade Unions
(Amendment) Act, 2001 are:-
• A registered trade union of workmen shall at all times continue to have not
less than 10% or 100 of the workmen, whichever is less, subject to a
minimum of 7 persons engaged or employed in the establishment or industry
with which it is connected, as its members.
CONTINUED what the legal language
says-
A provision for filing an appeal before the Industrial Tribunal / Labour Court in case
of non-registration or for restoration of registration has been provided.
All office bearers of a registered trade union, except not more than one-third of the
total number of office bearers or five, whichever is less, shall be persons actually
engaged or employed in the establishment or industry with which the trade union is
connected. [You cannot with some outside party and claim to represent workers]
Minimum rate of subscription by members of the trade union is fixed at one rupee
per annum for rural workers, three rupees per annum for workers in other
unorganised sectors and 12 rupees per annum in all other cases.
The employees who have been retired or have been retrenched shall not be
construed as outsiders for the purpose of holding an office in the trade union
concerned.