siva lingeswar raoSir, Recently our workers have registered union recently. but we don’t want to continue, can we cancel the union or not if yes what is the procedure, how we deal with them.
From India, Mysore
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Seasoned Ir Professional
Siva Lingeswar Rao
Nagarkar Vinayak L
Hr And Employee Relations Consultant
Please check trade union act.
I believe they should get written No objection from management before registering the union.
If the procedure was not followed; you can very well take the help of Govt. officials and dissolve the same.
From India, Chennai
Your post does not seem to lend the readers a clear understanding of the actual problem leading to your consequential question. I think that's why the other learned member was compelled to bring the Management into the affair of union registration under the Trade Unions Act,1926.
In the first place, the employer has no role to play in the matters of formation, registration or cancellation of registration of any trade union under the TU Act,1926.
Second, I think that the query has been raised on behalf of some of the members of the existing trade union registered recently because of their unwillingness to continue in the union. One simple option available to such members is to resign from the union by surrendering their membership. If they are particular about dissolving the union once for all, then they have to follow the procedure furnished u/s 27 of the Act dealing with dissolution.
From India, Salem
Madhu.T.KI understand the situation of Siva like this, that the workers of the company have formed a trade union and the management wants that there should not be any trade union and, therefore, wants to know if they can cancel the trade union registration.
Now as Umakanthan Sir has said the employer has no role to play in it. As such there is no need that the employer should give permission to form a union. If a no objection certificate from the management is required to form a trade union, then I don't think that we will have any trade union! Will any employer give permission to the workers to form trade union? No not at all. Therefore, that issue is totally rejected.
Now coming again to what Umakanthan Sir has said you can think of some thing which can change the minds of the trade union members and they themselves resign from membership leading to dissolution of the trade union.
Coming to the real scenario, I would say that trade union is a fact wherever workers are discontent. It marks that the management is not employee friendly or approachable. Therefore, if they have formed a union let them continue to take the assistance of union. In my experience trade unions are always good for smooth industrial relations, that you need to negotiate with the union only and you can take their assistance whenever required. Don't take it as a platform o defend but take it as an opportunity to negotiate, correct and build up relations.
From India, Kannur
Nagarkar Vinayak LDear colleague,
Whether employer likes it or not, forming union is the right of the workers.
Employer's resentment is understandable.
You can do nothing in registration or cancellation of the the Union. Under no law employer's permission or NOC required for forming union.
Learn to accept and deal with the union as necessary partner in the growth of the company. Resolve bilateral issues across the table through culture of collective bargaining.
Look at it positively and move forward.
From India, Mumbai
While in agreement with opinions of all learned above , I wish to advise that in managing employee relations, role of trade union is important taken very positively. I had taken great advantage due to union being present there in my organizations otherwise that could have damaging scene and possibly, organization could have not survived. We reduced wage cost by reducing manpower under a voluntary retirement scheme which under the provision of retrenchment, closure, transfer of management under Indl.Disputes Act was not available as alternate remedy. Management gate can not afford to remain open all the time and for indefinite periods. An Organization should stand up to demand support, people cooperation wants to abide and respect law and it must let others also exercise rights and legitimate protection under framework of applicable Law to fellow colleagues as well .
Director, Future Instt.of Engg and management Technology, Bareilly
Labour Law Adviser
Navtarang HR Services
From India, New Delhi