R.N.Khola
Labour Laws & Ir
Kadali Ra0
Legal, Hrm, Rti
Shankar069
Hr Executive
Adil Mehdi
Administration
Atoriar
Labour Law,legal Audit
+7 Others

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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.

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



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.

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


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.
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 [email protected]

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
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

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


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

From India, Shahapur

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