Labour Law & Hr Consultant
Partner - Risk Management
Labour Laws & Ir
Spl Educators Posh Programs
General Manager, Corporate Hr
Private Consultant On Labour Laws
Trade Union Act, 1926 do not have any such provision which allows the office bearers of any trade union to open their office inside the premises of any unit. If you came across any such provision at any point of time then plz let us know.
Welcome Skylark Associates
12th October 2013 From India, Delhi
12th October 2013 From India, Delhi
Your Query: Can a Registered Union have its Union Office within a Factory?
Position: No. Factories have to apply for & obtain a Proper Certificate of Commencement of Business stating among other facts, the Nature of Business to be carried out in its premises. Thereafter, for any addition, alteration or demolition whatsoever, the Occupier of the Factory /Factory Manager has to compulsorily apply to the Factories Inspectorate before of its intention to do so enclosing therewith a Lay Plan . Consequently, No business other than the Business for which the Factory has a License can be carried out, Legally.
It appears quite common that the Authorities overlook the Law hoping against hope that the Violation/Problem goes away if not set right
Kritarth Consulting Pvt Ltd
Oct 13, 2013, 11.45 a.m.
13th October 2013 From India, Delhi
But Kerala Recognition Of Trade Union Act gives right to recognized unions to hold discussion with its members at a suitable place in the premises with the consent of employer.
Labor Law /HR Adviser TVPM
14th October 2013 From India, Thiruvananthapuram
I agree with Sh Khola that the Trade Union Act, 1926 do not have any such provision which allows the office bearers of any trade union to open their office inside the premises of any unit.
During my service, I have noticed that some of the Public sector undertakings and Defence establishments have a practice of allotting small accommodation within their premises to the recognized union with the concurrence of their Employing Ministries.
Member since Aug 2011
14th October 2013 From India, Mumbai
Management can also rent our such premises if they want to do so.
Mritunjay Nath Sahu
15th October 2013 From India, Vadodara
21st October 2013 From India, Hyderabad
21st October 2013 From India, Mumbai
Some co with internal agreement witth unions had provided the space like tata steel,, this practice is sucidal for co environment, unions tend to more stronger once they have been alloted space with in factory primises, co. Must at all cost should avoid this,
another alternative is to temp. do there meetings arrangements with in primises or in hotel to have an healthy environment.
5th November 2013 From India, Patiala
Many learned followers have expressed their views. I appreciate their effort and would like to add mine also.
As per TU Act, Union has its own identity and is a Company for all practical purposes. It has its own regd. office (either owned or rented), a team of office bearers who run the affairs of the TU, A code of conduct, Books of Accounts, etc. etc. just like any other Company registered under Companies Act.
From the above, I feel that I have made myself clear that the Union cannot, I repeat - cannot, demand as a matter of right to be allowed to open its office in the Factory premises. However, since they are one of the important agents in the process of production, productivity and profitability of any Organization, it is in the interest of the management to provide the recognized Trade Union space for running its office at a suitable place, but never within the premises of factory or production place. The management must charge a token rent (however small it might be even like Re.1/-), to establish their ownership over the premises provided to the TU.
5th November 2013 From India, Jabalpur
You are correct to state that number of Defense Establishments have permitted Unions to operate from offices provided to them within the establishment.
If are the same Mr Kalsi who was posted at Bharatpur, then you will remember that it was permitted there.
I ascribe this to lack of awareness and as these offices have been functional for decades ,no one has taken action to ask the Unions to vacate them.
These offices are not reflected as Union Offices in any official documents.This practice is incorrect and not as per law and should not be encouraged.
6th November 2013 From India, Delhi
You are hundered percent right, I am the same Mr kalsi,who had served at Ammunition Depot,Bharatpur at the start of my career from 1980 to 1985.I am sorry I have not been able to place you as to how you know me.Please through some light in this aspect.
As regards your mail, I agree with you that alloting office to the union is not a good precedence.The unions cotinue to use the premises years together even if the recognition is reversed in favour of some other union.
Member since Aug 2011
6th November 2013 From India, Mumbai
You are very correct that in some organizations or establishments, unions are allowed to operate their Union Office from within the establishment premises. But Sirs, a privilege cannot be a matter of right. So when it comes to Rules & Regulations, no management can or rather should allot office for Union activities. Hope you will agree to this. If not, kindly let me know your opinion to enhance my practical knowledge too.
6th November 2013 From India, Jabalpur
There is no doubt that rule position is very clear on this subject.What has been stated is the factual position.
Number of Central Govt Organisations have permitted this with or without being aware of rule position.
7th November 2013 From India, Delhi
it is general practice.
Originally i thought it was allowed under the rules, which i understand from the posts here was incorrect.
However, i believe it is a good idea to allow a place for union activity.
Trying to stop union activity is not a good idea.
A healthy union relationship makes life easier for everyone in the long run.
Another advantage of giving the union an office is that the management can keep an eye on the union and ensure that outside elements do not get into the picture. Further, i believe it is a rule that union office bearers must be given time off for union activity. I think the office being inside the factory ensures less time spent in going to an office outside.
7th November 2013 From India, Mumbai
On becoming President, Secretary or Any other office bearer, he didn't perform his above duties for which he is paid and abstain himself from production.
Is TU or ID Act permits them to do so.
Have mgmt right to compel them to engage them in their core activities and take disciplinary action against them if they didn't perform their duties.
Seniors, Pl guide.
26th May 2018 From India, Jaipur
The status of an employed person being an employee/workman-cum-office bearer of any Trade Union functioning in the industry does not confer any special rights/privileges in respect of his duties and responsibilities as such other than the protection given to him as a "protected workman" u/s 33(3) of the Industrial Disputes Act,1947 if and only if having been so recognized formally by the employer.
In the situation above described, such employee is generally susceptible to the disciplinary control of the employer like any other employee in the organization. However, in case of any dispute concerning the industry pending conciliation or arbitration or adjudication before any such fora and the disciplinary action,if any the employer initiates against such an employee who happens to be a protected workman, is likely to result in dismissal or otherwise, the employer has to obtain prior permission from the authorities mentioned u/s 33(1).
26th May 2018 From India, Salem