Kindly guide me on this. Can trade union have its office in the plant premises.Are there any laws or provisions governing this thing.
From India, Delhi
saswatabanerjee
1973

Partner - Risk Management
The trade union act I think requires the factory to provide a place for the union to have its office.
From India, Mumbai
R.N.Khola
319

Labour Laws & IR
Dear Member,
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.
R.N.KHOLA
(M)09810405361
Welcome Skylark Associates

From India, Delhi
Well thanks for the reply but sir is there any court case or judgement related to this fact i.e opening of the trade union office in the plant premises.Like some union have opened their office and the management have objected and the matter was referred to court....
From India, Delhi
Kritarth Consulting
195

PoSH Programs; HR Management Consultants & Trainers, Bengaluru
Dear Ricky
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.

From India, Delhi
varghesemathew
906

Now freelance consultant in Labour law/HR
Mr Khola is right,No labor law (central) prescribes to give office to trade unions,There are no court cases also to this effect.
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.
VARGHESE MATHEW
Labor Law /HR Adviser TVPM
09961266966

From India, Thiruvananthapuram
9871103011
455

Private Consultant on labour laws
Dear Ricky,
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.
BS Kalsi
Member since Aug 2011

From India, Mumbai
saswatabanerjee
1973

Partner - Risk Management
Actually, every factory i have been to has an office allotted to the trade union.
Which is why i am sure it must be under a legal obligation.
I will check and see if there is a provision in any other act.

From India, Mumbai
mnsahu
16

General Manager, Corporate HR
Union is a separate body and should function independently. There is no provision under Trade Union Act 1926 to provide space in the factory premises OR out side for their functioning, union has no right to demand for it either. However, if any space is provided with mutual understanding, must be in writing with riding clause which could be to withdrawn if misutilized.
Management can also rent our such premises if they want to do so.
Thanks,
Mritunjay Nath Sahu
GM(HR)

From India, Vadodara
Generally we see many public sector undertakings and Central Govt establishments provide space for Union functioning within their office premises. This is as per practice , however we do not find any provision in the Trade Union Act. It all depends on the organization and its relations with the trade union and vice-versa
B.Dakshina Murty

From India, Hyderabad

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