PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
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Your question pertains to an industry in the Public Sector having its units situated in more than one State. As such, the Central Government would be the Appropriate Govt for the purpose of Central Legislations like the ID Act,1947, the CLRA Act,1970 etc. The existing recognized union might have been registered with the Central Govt since in the case of Trade Unions, in relation to any union whose objects are not confined to one State, the Central Govt is the A.G. About recognition of trade unions in Central PSUs spread across many States, certain guide lines are there about which unfortunately I am not familiar with. Therefore, Mr.KK!HR, a learned member of this forum would be right person to answer your questions since I believe that he hails from a Central PSU. Recognition of a trade union by the management is not an essential criterion for claiming the status of protected workmen to its members as long as it is a registered trade union.
From India, Salem
KK!HRYou are right that the 'Appropriate Government' is Central Government, so the Kerala State Government rules and regulations are not of much help. From my experience in central PSU of Maharatna fame, the position on the issues are given below:
1. The factory at Kochi with approx. 100 employees is an industry under the ID Act 1947 and has a separate identity under the Act. In your industry there would be two levels of issue, one would be those affecting the whole company and the other would be the local issues. Since you have more than 80% strength, you have the right to represent them, both at the central level as well as for the local matters. As a start, you can give a notice to the administrative head of the Kochi Unit seeking formal meeting with regard to local issues with copy to B'lore headquarters to involve you also in all employee matters.
2. As the ID Act applies to your unit, the provisions of the Act like protected workmen also follows suit.
3. As the appropriate government is Central Government, the Kerala Rules will not apply. The Kerala Act specifies that it is not applicable to industrial undertaking for which the appropriate government is Central Government. I endorse the learned views of Shri Umakanthan Sir
4. I propose a simple letter as the maiden step.
It gives us great happiness to inform you that ............ Trade Union has been registered with respect to Kochi Unit of the company. A list of the office bearers and a copy of Registration Certificate is attached.
It is humbly requested that we may be given time for an introductory meeting at your convenience.
CC: Head of HR : Sir, we are the legal representatives of the employees of Kochi Unit, claiming membership of . It is requested that in all employee related matters, we shall be allowed to represent the employees of Kochi
From India, Mumbai
sreepssThank you very much for your valuable replay Sir.
As we are discussed these matters with the local management, they are trying to club the scenario with the Bangalore Unit. They said that our unit is Only a branch of the Bangalore unit, and we are only eligible for 1% of the total Manpower available to the whole (Bangalore + Cochin). So we couldn't able to get minimum number of protected workmen (As per ID act , min is 5) , And also they are trying to convince that all the administrations have been doing from the Bangalore office.
But According to the official Docs,
1. The factory is Registered at Cochin
2. All the Taxes and other CSR activities are doing locally
3. Professional Tax is paying to the LSGD
4. Factory is falling under the Regional Labour Commissioner(C) Cochin
5. All the Employees are permanently posted for the Cochin factory (Not in Out Station Duty or deputation)
So does their statements are valid?
I have few more doubts, as
1. Does a Union Registered in other state can give memberships to the persons those who are working in other state?
2. As the both units are falling under different states, and different Labour Commissionaires , how can a union registered under one state can represent workmen who's are in different state?
3. How can the employee's representation will get in the Committee of Management? and/or in joint bargain Councils?
Thanks in Advance :)
From India, Kochi
KK!HR1. A union registered in one state can give membership in other states too. For ex. if a union is registered in West Bengal, its members could be from any other part of India too. There is no Registration of central trade union cutting across states.
2. A local unit of the union registered elsewhere can seek recognition for the additional state in which they function. The Bank Employees unions/ LIC unions are registered in one state, but they have branches in other states too and they represent the workers in those states.
3. Your union is limited to Kochi unit. So it can claim exclusive right to represent and discuss with local management. As regards, right of representation of Kochi employees before B'lore management, you should seek recognition in the same proportion as is the strength.
From India, Mumbai