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Dear sir, Our organization is a construction company, our construction work running under a Factory. We have taken a license under CLA & ISMW act and registered under BOCW also. Some Union have registered with the PE as per rule of Factory and Trade Union act. Union have not registered with our organization. Whether involvement of unions is legal with our organization.

1. whether Union may send notice directly to our organization under any disputes with our workmen under ID Act.
2. Union why involve with our organization even unions are not registered with.
3. How we stop the unions to create this type of activity.

Honorable senior members please suggest your feedbacks / comments under the Labour law Act.


Mahesh Gupta

From India, Delhi
Labour Law & Hr Consultant
Seasoned Ir Professional
Deputy Manager - Hr & Admin
Management Consultancy


Are the employees under you, ie, the employees to whom you pay salary, the members of the said Union? A trade union can be formed for the common interests of workers of different establishments in one locality. It can be a trade union of workers having similar job profiles. In such cases no separate registration as a Union of your establishment is required. But you should go through the bye law of the Union. It can be a union of contraction workers and or a trade union of a industrial estate where your activities are going on. Anyway it is a legal issue and if your employees are not the members of that union, you need not entertain the union at all. But at the same time, if your employees are members of the said Union, then you should attend to them.
From India, Kannur

Trade unions are a reality, they cannot be wished away. Once a union has come up, it is better to deal with it and reach some understanding on the issues raised by them rather than confrontation or ignoring them. There is no mandatory requirement or process to register a union with the employer. Here it appears there is a registered union for the Principal Employer (PE) it has raised some issues pertaining to your labour with you. They have the right to do so, provided they enjoy the support of your labourers. Since you are only a contractor establishment you may deal with the union in conjunction with the PE.
Regarding your queries, the position is clarified as follows:
1. This union can send notice to you.
2. The union may not be registered with you but still has the right to represent your workmen if it enjoys their support. If you are sure that the union does not enjoy any support from your labourers, you can reply stating so and refuse to bargain with them.
3. Unions thrive on the grievances and the collective insecurity the labourers may feel. You can look into the genuine demarks and take appropriate corrective action. One sure way to deal with unions is by building mutual trust and continuous communication with all employees.

From India, Mumbai

Dear Mahesh Prasad Gupta,

This is in addition to what the above learned members have stated about the role of a trade union in handling problems in industrial relations by espousing the cause of workmen. It is immaterial whether the trade union is a registered one under the Trade Unions Act,1926 or not so long as there exist genuine grievances of employment and the affected workmen irrespective of their status of employment authorize the trade union to take up the issues on their behalf. Of course a registered trade union has certain privileges like recognition by the employer as the bargaining agent, sending representatives to various internal committees like the works committee, grievance settlement committee etc. But it is not necessary that the trade union should register with the employer nor it is prohibited from communication with the organization whose workers are its members.

From India, Salem
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