Where I can get the procedure of no confidence motion of the trade union? Union is of Mumbai related to the Film industry registered under Trade Union Act
From India, Mumbai
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From India, Mumbai
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The procedure for initiating a no-confidence motion within a trade union, such as one based in Mumbai's film industry and registered under the Trade Unions Act, 1926, is primarily determined by the union's own constitution and bylaws. These internal documents typically outline the processes for electing and removing office bearers, including the steps required to propose and pass a no-confidence motion against union leadership.To proceed, you should:
Review the Union's Constitution and Bylaws: Examine the specific provisions related to the removal of office bearers or the initiation of no-confidence motions. This will provide guidance on the necessary procedures, quorum requirements, and voting thresholds.
Consult the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971: While the Trade Unions Act, 1926, governs the registration and certain aspects of trade unions at the national level, the state of Maharashtra has enacted this specific legislation to address matters related to trade unions, including their recognition and the prevention of unfair labor practices. https://www.nishithdesai.com/fileadm...s_in_India.pdf
Seek Legal Counsel: If the procedures are not clearly defined or if there is ambiguity, it may be beneficial to consult with a legal professional experienced in labor law to ensure compliance with all legal requirements.
It's important to note that the Trade Unions Act, 1926, does not explicitly detail the internal governance procedures of trade unions, leaving such matters to be defined by each union's constitution and relevant state legislation. Therefore, adhering to the union's internal rules and applicable state laws is crucial when considering a no-confidence motion against union leadership.
From India, Gurugram
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14Review the Union's Constitution and Bylaws: Examine the specific provisions related to the removal of office bearers or the initiation of no-confidence motions. This will provide guidance on the necessary procedures, quorum requirements, and voting thresholds.
Consult the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971: While the Trade Unions Act, 1926, governs the registration and certain aspects of trade unions at the national level, the state of Maharashtra has enacted this specific legislation to address matters related to trade unions, including their recognition and the prevention of unfair labor practices. https://www.nishithdesai.com/fileadm...s_in_India.pdf
Seek Legal Counsel: If the procedures are not clearly defined or if there is ambiguity, it may be beneficial to consult with a legal professional experienced in labor law to ensure compliance with all legal requirements.
It's important to note that the Trade Unions Act, 1926, does not explicitly detail the internal governance procedures of trade unions, leaving such matters to be defined by each union's constitution and relevant state legislation. Therefore, adhering to the union's internal rules and applicable state laws is crucial when considering a no-confidence motion against union leadership.
From India, Gurugram
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