Umakanthan53
Labour Law & Hr Consultant
Kritarth Consulting
Spl Educators Posh Programs
Ompoddar
Unemployed, Dismissed Under Writ (c) 90
NK SUNDARAM
Soft Skill Trainer / Hr Consultant - India
Riteshmaity
Labour Law Advocate
Rdsyadav
Educator, Management Consultant & Trainer
Leopaulhr
Hr-generalist
+2 Others

I want to know deeply about labour law. Please help me about the same. I have 100+labour in my factory. They wants to make union. I want to stop them to make union. Please suggest me what should i do.
From India, Gurgaon
Dear Dev,

In life, we try to understand everything that comes across; but unfortunately, in our serious effort to understand those things or situations which are important to us, we normally misunderstand and land into troubles. I think your desire to have a thorough knowledge about labour law stems out from your firm determination for thwarting the unionisation of your 100+labour. Right to form union is a fundamental right guaranteed under art.19(1)(c) of our Constitution. Therefore, any attempt on your part to scuttle the move to form a trade union is a punishable unfair labour practice as defined under sec. 2(ra) of the Industrial Disputes Act,1947. In stead, try to understand why your 100+ labour want to form a union. Do you think that whether it would be comfortable and convenient to you to talk to every one of them individually regarding any issue involving their collective efforts as well as common interest? A trade union is not a rival set-up to the management of an industrial organisation. On the contrary, it is a representative body of the workmen for effective two-way communication and collective decision-making process. At times you may be perturbed by the presence of an outsider as the union leader. But, as an employer, if your intentions are honest and actions are legal about a contentious issue and above all you have a " both gain" attitude, any trade union leader will be your best friend.

From India, Salem
Issue well taken up and responded in a professional manner by ALC Rtd. This is ridiculous and shocking on the part of any HR. I think curriculum of MBA must include and focus Industrial Relation as part of its main education.
Regards
Om Prakash Poddar
MSW & Labour Law
9968337815

From India, Delhi
Dear Suggestion-Seeker,

Your Queries:

I Want To Know Deeply About Labour Law. Please Help Me About The Same. I Have 100+Labour In My Factory. They Wants To Make Union. I Want To Stop Them To Make Union. Please Suggest Me What Should I Do.

Team Kritarth Response:-

You are right when you say you want to know our Country's Laws relating to Employment and matters connected therewith. This shall be an Eye Opener and will dispel all doubts.

Organization are created to create Wealth and Well Being of all the Stake-Holders including Workers/Employed Persons. These happen when the Organizations Do Good for its Stake-Holders SO that they do Good to the Organizations.This is Time-Tested Wisdom/Insight.

Trade Unions, like the Companies, are formed, registered and monitored under the Laws. We are a Republic where Rule of Law is Supreme. Please dare not violate the Law. Can anyone violate your Fundamental Rights? None,not even the First Citizen of our Country.

Let Managers learn to manage Legitimate Management. Forming Trade Union under Trade Union Act is Legal.

As and when, Trade Union is registered earnestly respect their Right to hold Consultations, Negotiations, Bargaining etc within the Legal framework.

I suggest you,in consultations with your Top Management Team, ought to Organize a Program to Appreciate Management's Role in Closer Association with Workers and their Elected Representatives for Uninterrupted Production of Goods and Services for which your Organization came into being.

Team Kritarth has successfully conducted such Awareness Programs involving Senior Management Members of MNC and Progressing Indian Corporates who previously planned similar Misadventure

Kritarth Team [email protected] / [email protected]
31 March 2016

From India, Delhi
Many youngsters (for that matter, a few seniors too !) assume that Unionism is bad ! Unionism is like a congregation of work force and the Union office bearers are the representatives of the labour. Much depends upon whether the Unionised labour are disciplined, well-mannered and the steps or processes which they adopt to meet their expectations or demands are fair enough. Unionism evolved because of unfair trade practices of many owners or managements. If unionism is bad, so also a few managements. As our learned professionals like Mr. Umakanthan opined above, management cannot thwart creation of an Union. If the labour are planning to form an Union, it is for the management to treat labour in a proper manner through mutual dialogue and discussion in a congenial environment. If the labour is satisfied, why should they think of an alternative !
Best wishes

From India
Dev Tomar need to read simple and easy to understand text books on Labour Law. Please read books titled "One Should Know Labour Law" authored by Mr. Ajay Garg, Nabhi Publication.
Later you can take references of Case Laws from library. HR not only a salary deduct er to appease his principal employer but as a Researcher. So visit library to investigate deeper and deeper till you get the result.
Regards,
Om Prakash Poddar
SPE, IDPL, Under dismissal litigation through Writ (C) 90 of 2016 before Supreme Court of India.
9968337815

From India, Delhi
Dear sir,
Mr Umakanthan has given very correct and practical mahamantra. He has vast experience of practically resolving IR matters and suggested you precautions too. i wish to add here only two small points. When you want to control any thing you do not want or you are resisting any new event to happen and suppose it has taken shape ,then event (Union) comes up with double/ triple force and that time lot of negative things and offshoots also takes place. You must have heard a films dialogue "Jab jaljalla aata hai to kuda karkat saath lata hai."

Second thing that I wanted to share that suppose you are successful in resisting forming an internal Union for few months, years........., your workers will form it soon in support with external members as office bearers in executive body.They have little empathy, tendency to shoot hard and unreasonably pressuring you on and on.This is my view point. In fact,as a consultant, in similar situations ,I suggested to my one of the clients not resist forming union to which local management was not receptive to this and finally CITU has entered in and in fact in that belt there in the region CITU was nowhere and never before.
MBA has in syllabus IR and labour laws subjects.What you learn with proactive approaches through common sense and as practical person,is nowhere available in books.Atleast IR is different type of dish , taste is different unlike tastes described by engineers, CAs, Teachers etal.I also recommend basis experience that your previous successes and strategies wont' guarantee you same results.
All the very best,

RDS Yadav
Director-Future Instt.of Engg and Management Technology
Labour Law Adviser
[email protected]

From India, Delhi
Nothing better than Mr.Umakanthan's reply and an apt example by MR.RDS Yadav that actions, if suppressed,will rebound with double the force.It is said that discretion (wisdom) is the better part of valour.I have nothing much to add to what the learned members above said. Even if the workers form the union, you need the knowledge, probably more, to deal with them.So please go through the Trade Unions Act 1923 as well as the Industrial Disputes Act 1947 and the Industrial Employment Standing Orders Act 1947 which are directly relevant to industrial relations subject.If your State has also enacted any specific laws on industrial relations, please go through them also.
B.Saikumar

From India, Mumbai
Dev, Convince then not to start such unions, if cont ,you convince yourself that you are going to work with union.
From India, Kanchipuram
Well, nothing i am going to add in this post regarding Unionism and Non Unionism, its pros and cons.
But i like your question as how to get command over Labour Laws. You may follow the points below.
Broadly Labour Laws are categories as below for an easy understanding;
If you want to know Laws focusing on Industrial relations read - Trade unions act, Industrial dispute act, 1947 and Standing orders act,1946.
If you want to know Laws focusing on Social security of workmen read - EPF & MP Act, ESIC, MBA, PGA, ECA,
To know the Laws focusing on working hours, welfare and health of workmen read - FA, CLRA, BOCW
To know the Laws focusing on wages read - PBA, PWA, MWA
Hope this may useful to you.
sarisri

From India, Mumbai

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