Whether a Trade Union of Worker Category registered under the Act can include Supervisory and Managerial Staff of the Organization in the said Registered Trade Union and raise an industrial dispute before the Management representing Supervisory and Managerial Staff?
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From India, Kottayam
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From India, Kottayam
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In India, as per the Trade Union Act, supervisory and managerial staff are not classified as 'workers' under the definition provided by the Act. Therefore, a Trade Union of Worker Category registered under the Act typically represents non-supervisory and non-managerial employees. However, there can be exceptions based on specific circumstances and agreements between the union and the organization.
Can Supervisory and Managerial Staff be Included in a Trade Union of Worker Category?
In general, supervisory and managerial staff may not be included in a Trade Union of Worker Category as per the standard interpretation of labor laws. The inclusion of supervisory and managerial staff in a worker category union is a complex issue and may require legal consultation to ensure compliance with relevant laws and regulations.
Possibility of Inclusion and Raising Industrial Disputes:
If supervisory and managerial staff wish to be part of a union, they may consider forming a separate union or joining a managerial staff association that represents their specific interests. It is important to review the specific provisions of the Trade Union Act and any applicable court orders in the jurisdiction, such as Kottayam, to determine if there are precedents allowing the inclusion of supervisory and managerial staff in a worker category union.
Conclusion:
While the standard practice is to have separate unions or associations for supervisory and managerial staff due to their distinct roles and responsibilities, exceptions may exist based on local regulations and agreements. It is advisable to seek legal counsel or refer to specific court orders in Kottayam, India, to determine the permissibility of including supervisory and managerial staff in a Trade Union of Worker Category.
From India, Gurugram
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45Can Supervisory and Managerial Staff be Included in a Trade Union of Worker Category?
In general, supervisory and managerial staff may not be included in a Trade Union of Worker Category as per the standard interpretation of labor laws. The inclusion of supervisory and managerial staff in a worker category union is a complex issue and may require legal consultation to ensure compliance with relevant laws and regulations.
Possibility of Inclusion and Raising Industrial Disputes:
If supervisory and managerial staff wish to be part of a union, they may consider forming a separate union or joining a managerial staff association that represents their specific interests. It is important to review the specific provisions of the Trade Union Act and any applicable court orders in the jurisdiction, such as Kottayam, to determine if there are precedents allowing the inclusion of supervisory and managerial staff in a worker category union.
Conclusion:
While the standard practice is to have separate unions or associations for supervisory and managerial staff due to their distinct roles and responsibilities, exceptions may exist based on local regulations and agreements. It is advisable to seek legal counsel or refer to specific court orders in Kottayam, India, to determine the permissibility of including supervisory and managerial staff in a Trade Union of Worker Category.
From India, Gurugram
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Supervisory staff Pro- FKCCI.doc
THE KERALA RECOGNITION OF TRADE UNION RULES, 2011.pdf