R.N.Khola
Labour Laws & Ir
Kadali Ra0
Legal, Hrm
Shankar069
Hr Executive
Atoriar
Labour Law,legal Audit
Adil Mehdi
Administration
+6 Others

I have to give a presentation on trade unions and their recognition.
I had a few queries. hope someone would be able to help me.
1. Can an employee in a manufacturing company join any union as he wishes?
2. Can he be a member of two unions at a time?
3. Also suppose this company is ABC and it has a union called ABC workers association, which is backed by CITU, for example, then does it mean that the employee has to join both unions.
4. also in above case CITU has a national recognition but does the ABC workers' association need to register with the govt. as a trade union or how does it get formulated.
Pls. people, I need the information urgently.
9th September 2009 From India, Bangalore
Dear Suman,

Considering the Trade Unions Act, 1926 the reply to your queries is given hereunder:

1. Can an employee in a manufacturing company join any union as he wishes?
Yes.
2. Can he be a member of two unions at a time?
Yes, if he is eligible to become a member of the union in accordance of the constitution of the union. The Trade Unions Act, 1926 no where debars the dual membership.
3. Also suppose this company is ABC and it has a union called ABC workers association, which is backed by CITU, for example, then does it mean that the employee has to join both unions.
A workman is to join only ABC workers association only as CITU is not a union for which he is to take any membership. CITU is a Federation of union. It is up to the ABC workers association whether they want to have the affiliation of the CITU or not.
4. also in above case CITU has a national recognition but does the ABC workers' association need to register with the govt. as a trade union or how does it get formulated.
The Trade union is required to apply to the Registrar, Trade Unions for registration of their Trade union. Application for registration is to be made to the Registrar, Trade Unions under section 5 of the Act.

Attempt is made to solve your queries as requested by you
Regards,
R.N.Khola



9th September 2009 From India, Delhi
Also can you please tell me if it is possible for the ABC workers' association to take as its office bearers, people who do not work with ABC Co. and are associated with CITU.
also what would be the procedure for getting affiliation from CITU.
9th September 2009 From India, Bangalore
One third office bearers may be outsiders. Constitution of the Trade Union may have provision for enrollment of ordinary members. In my opinion the trade union will make a request with specified fees for affiliation to the CITU. As the union takes monthly contribution from the members, the CITU also takes fees for renewal of affiliation.
Regards,
R.N.Khola


9th September 2009 From India, Delhi
Shri Khola is right. He meant that any Union of either local or national stature, has to name and register a separate union for the particular Unit or Industry in order to have locus standi for the group of workers in that particular Industrial unit.
10th September 2009 From India, Indore
Hello Sir,
I am working as HR executive,i just want to know whether it is better to pursue L.L.B or diploma in labour law ,what will be beneficial for me kindly suggest,my id is simranjeet.kaur2009@gmailcom
10th September 2009 From India, Nagpur
Dear Simranjeet, In my view for HR personnel it will be better go for diploma in Labour law. Regards, R.N.Khola
10th September 2009 From India, Delhi
Mr.Kohla,
i remember that that i read a book saying dual membership is not allowed under TU ACT 1926, I could not recollect the book name but i am sure on this topic.
pl correct me if i am wrong.
JAI

10th September 2009 From India, Hyderabad
Dear JAI,
I may be wrong. Plz try to recollect the book for clarification. You are also requested to go through the Trade Unions Act,1926 & if you find any such provision then revert back for our knowledge sake. In the meantime,we can also wait for other members to comment.
Regards,
R.N.Khola


10th September 2009 From India, Delhi
1. An empoyee in a manufacturing company can join any registered trade union of his choice, you need not accept it or recognise it and treat that union as representative or sole bargaining agent of the employee unless and untill it achieves majority in the factory. 2. The employee can not be a member of two unions at one time.3.In this case the employees have formed internal union namely ABC worker's union. it is affiliated to the CITU. If the President or General Secretary is chosen from CITU union, he can participate in negotiations with management being a workers representative. There should be such provision in the constitution of the internal union that it can nominate, select or elect an outsider as President or General Secretary. The employees do not have any connection with CITU union and need not be it's members. 4. The ABC worker's union is having separate identity. It is required to get it registered with the Registrar of Trade Unions. Then only it can approach the management on behalf of the workers. It has to obtain recognition under the act applicable in the area of factory. Recognition of CITU is a separate issue. It is not concerned with the internal union.

11-09-2009

11th September 2009 From India, Shahapur
As per trade union act 1926
A minor can be memeber of union as per following conditions;

21. Rights of minors to membership of Trade Unions.- Any person who has attained the age of fifteen years may be a member of a registered Trade Union subject to any rules of the Trade Union to the contrary, and may, subject as aforesaid, enjoy all the rights of a member and execute all instruments and give all acquittances necessary to be executed or given under the rules. 2* * * * * 21A. Disqualifications of office-bearers of Trade Unions.
3*[21A. Disqualifications of office-bearers of Trade Unions.- (1) A person shall be disqualified for being chosen as, and for being, a member of the executive or any other office-bearer of a 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.
This act was formulated in 1926.
After wards many other acts have come into force .. if we see their implication all together .. a minor cannot work in industry.. so how can he be member of union????
so he cannt ...
regards
Rosy atoria
11th September 2009 From United States, Southfield
Rosy,
As u said a minor cannot work in industry, can u clarify me what is the definition minor as for as my knowledge is concern those who are between age group of 15 to 18 are called as "adolescents" as per factories act 1948 and child means who is below 14 years of age.
but i do not know from where does this term MINOR arises???
Pl let me know if i am mistaken.
JAI

11th September 2009 From India, Hyderabad
My understanding is that minimum service of one year is not required to become member of a Trade Union.
As the Trade Trade Union Act is silent about multiple membership,we can come across the situation of many workers subscribing to more than one Union mainly with a view to not antagonizing TU leaders.
But, in establishments where subscription to TU's is deducted by the Managements by check-off system, the pracice of multiple membership has been largely contained because no management would deduct from any worker subscription for more than one Union.
Sanu Soman
11th September 2009 From India, Madras
As per provision of the Child Labour (Prohibition and Regulation )Act,1986, Children are those who have not completed 14 years of age. When there is no restriction to employing children who have completed 14 years of age , what is wrong in giving them the right to membership of Union.
And the meaning of the term 'minor' is not absolute. It's a legal term which has gone through a semantic metamorphosis over the years depending on the level of socio-cultural development.
Sanu Soman
11th September 2009 From India, Madras
Dear Kholaji

Pls clarify w.r.t. w.r.t. Trade Union (Amendment) Act,2001 –

Amendment of section 4. 2. Amendment of Section 4.-In section 4 of the Trade Unions Act, 1926 (16 of 1926) (hereinafter referred to as the principal Act), in sub-section (1), the following provisos shall be inserted at the end, namely:- ''Provided that no Trade Union of workmen shall be registered unless at least ten per cent or one hundred of the workmen, whichever is less, engaged or employed in the establishment or industry with which it is connected are the members of such Trade Union on the date of making of application for registration: Provided further that no Trade Union of workmen shall be registered unless it has on the date of making application not less than seven persons as its members, who are workmen engaged or employed in the establishment or industry with which it is connected .''.

Amendment of section 9. 5. Amendment of Section 9.-After section 9 of the principal Act, the following section shall be inserted, namely:- "9A. Minimum requirement about membership of a Trade Union.-A registered Trade Union of workmen shall at all times continue to have not less than ten per cent or one hundred of the workmen, whichever is less, subject to a minimum of seven, engaged or employed in an establishment or industry with which it is connected, as its members.''.

Amendment of section 10. 6. Amendment of section 10.-In section 10 of the principal Act, after clause (b), the following clause shall be inserted, namely:- "(c) if the Registrar is satisfied that a registered Trade Union of workmen ceases to have the requisite number of members.''.

In view of the above amended provisions, what would be the minimum workmen required to sustain / continue a Trade Union in any establishment?

I earnestly request to urgently clarify with case law, if any.

Regards,

Kadalirao

E.mail.:


11th September 2009 From India, Jaipur
you are right ib saying so coz
As per The child Labour (prohibition and regulation)act 2000
"Child" means a child who has not completed sixteen years of age.
. Child not to be engaged in Work:
(1) Nobody shall engage in work a child who has not completed fourteen years of age as a labourer.
But as per The Minority act minor means who has attained the age of 18 years
so .a child who is 14 or below ,he cannt be labourer.
so he cannt be member of the union..
but after wards child after the age of 14 to 16 can be employed as per The child Labour (prohibition and regulation)act 2000
if we talk about term minor .. we have to see his age as per above given slab
regards
rosy atoria
12th September 2009 From United States, Southfield
Dear Kadalirao,
You your self have given the latest amendment of Trade Union Act,1926. Above amendment have given both the situation regarding the registration & thereafter, the condition of existence of the union. Sorry, I do not have the citation of this issue. I thing this type of cases rarely comes before the courts.
Regards,
R.N.Khola


12th September 2009 From India, Delhi
Attn Shri R N Khola
Sir
I have doubt in union act, one of the clause in Union act Section 10 (2) 1
indicates the union which has highest no of membership , should represent the members for its issues with the manangement,
my question is if suppose in a multi union situation , and if couple of unions having the same strength of union membership , which union will be representing the employees or both the unions will be allowed to be represented or what will be the course of action
Regards
R Sudhakar
9962006113

19th February 2010 From India, Madras
Dear R Sudhakar,
Trade Unions Act, 1926 do not have this section 10(2)(1). Section 10 relates to Cancellation of registration. The Conciliation Officer under I D Act, 1947 in not required to see the maximum no. of members with each of the union. He is required to see which general demand notice filed by the trade unions have support of majority of workers.He is to finalize the representative character for settling the dispute/demands. Let the conciliation officer to decide the matter if such situation arises. He is also to see whether these demand notices have the support of substantial number of workers of the unit against whom they have filed the demand notice with proper authority letters.Pass on the tension to the Conciliation Officer of your area concerned.
With Regards,
R.N.Khola






19th February 2010 From India, Delhi
I have a query. Can any employee who is working in a organisation where there is no registered Trade Union. Could he/she can join the Federation of Trade Unions like CITU after completion of one year of his/her service ?
31st March 2010 From India, Delhi
Federations do not directly have workers as their members.They have Unions as members or affiliates.A worker by his act of becoming a member of a Union affiliated to a Federation becomes an indirect member of the federation.
In an organization which has no trade Union, the workers if they so wish can become members of the General workers’ Union in the area which could be affiliated to the CITU or any federation.
One year service is not required to become member of a Union.
Sanu Soman
1st April 2010 From India, Madras
how to remove a trade union?? my management has asked me to find ways to remove the trade unions in the organisation.Please help me
19th May 2010 From India
If two union amalgmate 6years ago now they have diputed .the who merged . they keep away & Demand 4affilation to them who have affilation to first one
. The union who had amalgamate now they are seprate .give splution to remove disputes
25th February 2018 From India
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