Madhu.T.K
Industrial Relations And Labour Laws
+1 Other

Can an employer ask for the list /details of the members of a union ? If yes, which provision under the act would regulate the same !!
11th July 2011 From India, Delhi
Under the Trade Union act, the employer has no right to ask for the list of members. However, when the matter of protected workmen comes, the employer can ask for the same so as to decide how many workers are to be recognised as protected. There is no such provision either in the ID Act which provides for protection of workmen. But if there are more than one registered unions, then the total number of workmen to be protected (as one percent of the total workmen subject to a minimum of five workmen and a maximum of hundred workmen) shall have to be divided among the unions in proportion to their membership and as such in order to decide on that the employer can call for the actual membership from both or all unions.

Under the State's Recognition of Trade Unions Act also there may be provisions regarding calling of the list of members so that a particular trade union shall be recognised as sole bargaining agent, principal bargaining agent or constituent of the bargaining agent.

Similarly, when a referendum is carried out to decide recognition of trade union, the agency holding the referendum (ie, the appropriate authority of Labour Department) can call for a list of members who are eligible to vote in the referendum.

Regards,

Madhu.T.K
11th July 2011 From India, Kannur
Please advise if the TU member are less then 10% of the total strength of the company, can the TU be recognised /valid.
18th January 2018 From India, Gurgaon
It is to be interpreted as 10% of the total workers in the establishment or 100 workers whichever is LESS. If your total number of workers is, say, 1500, the Union should have a minimum membership of 100 workers. If you have only 200 workers then 20 workers can form a Union. Of these only seven members should be workers actually employed in your establishment.
19th January 2018 From India, Kannur
Dear Madhu, Thanks for your reply. My question is in our establishment only 7 % of work force is part of Trade Union headed by an outside advocate who is registered under Advocate act 1961 also and the union is affiliated with a registered trade union.( INTUC). Whether company give them recognition or raised question against this union with labour department.
19th January 2018 From India, Gurgaon
In my earlier reply I had quoted some examples about the number of employees. Even after reading it you have not given the number of workers to find out what exactly is the number of workers in the Union. Therefore, I guess that your company employs some 2000 employees and out of these 7% are members of the Union, then it should be 140 workers in the Union. This is okay for registration of a Union. Now, if you have only 90 employees and of this 7%, ie, 6 workers are members of the Union, then you can object saying that the minimum number of 7 workers to apply for registration has not been maintained and registration should be cancelled. Only thing is that for deciding the minimum number of 10% or 100 workers subject to a minimum of seven workers, the number of officials who are not actually workers employed in the establishment should be taken out and only the workers who are actually employed in the establishment should be considered.
Another possibility is that this Union is a union representing a particular industry in an area and your workers should have taken membership in that union. In such a situation the union registration cannot be questioned provided the syndicate union has the sufficient number of workers actually employed as outlined above. In this scenario also the minimum number of employees remain the same and this should be workers actually employed in the 'industry' or in the particular area.
Recognition has nothing to do with registration. All registered Unions need not be recognised. States like Kerala, Maharshtra, Orissa, West Bengal have separate legislation for recognition of trade Unions. But this actually applies to matters connected with conciliation and settlements.
19th January 2018 From India, Kannur
Dear Madhu,
Thanks for your reply.
In our establishment presently on 65 employees are part of trade union as stated above out of strength of 900 employees. More over Trade Union didn't given any letter related to office bearer of the Trade Union to the company till date, as the union started on 2011. Nor did they file any return under the Act with the registrar.
In this case whether this union is deem to be valid or not.
22nd January 2018 From India, Gurgaon
Since 2011 you have not called the Union for any negotiation?
All the 900 employees are workmen?
Have you checked that they have not filed returns? If so, it is the Labour department who would take initiative to cancel the registration of the Union
23rd January 2018 From India, Kannur
Our company is an IT enabling service provider having total employees of 900 in various verticals. only 65 employees of one particular vertical having strength of 89 employees has form the union in 2011 with the an outside advocate as their Chairman cum president.
There is no negotiation with them since they form the union.
every time they take the help of local Labor department for negotiation which company decline and the matter was sent to court,which goes against them.
23rd January 2018 From India, Gurgaon
On what ground you decline to negotiate? Have you asked for the bye law of the Union? Have you asked for the membership yet? And what was the stand taken by the Labour department? Have you take up the matter with the department? If so, take it up now. You may ask the appropriate authority under the Act, Labour Officer, Asst. Labour Commissioner or whoever it may be, to intervene and state that the Union was formed without following the basic requirements as per Trade Union Act and therefore, the registration granted may be cancelled.
Before going in that direction, please make sure that you are okay in labour law compliance. Ensure that your employees are paid salary as per latest minimum wages notification, you have a gratuity fund linked to LIC (if your state government has notified section 4A to be applicable), you have contract labour registration in case you have outsourced labour, you pay bonus as per Payment of Bonus Act, follow EPF and MP Act, ESI Act, have taken insurance as per the requirements of Employees Compensation Act etc.
Foot Note: A trade Union is a reality and is formed wherever the employer has failed to implement the basic provisions of Acts governing their rights. Therefore, before finding faults in employees or workmen, find whether we are right or if there is any thing wrong in us or if we have missed out something which we are expected to give to workers.
24th January 2018 From India, Kannur
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