Understanding the Trade Union Amendment Act: What's the Minimum Worker Requirement?

Hi all,

With regard to the Trade Unions (Amendment) Act, 2001 -

Amendment of section 4.
Amendment of section 4.- In section 4 of the Trade Unions Act, 1926 (16 of 1926) (hereinafter referred to as the principal Act), in sub-section (1), the following provisos shall be inserted at the end, namely: "Provided that no Trade Union of workmen shall be registered unless at least ten per cent or one hundred of the workmen, whichever is less, engaged or employed in the establishment or industry with which it is connected are the members of such Trade Union on the date of making the application for registration: Provided further that no Trade Union of workmen shall be registered unless it has on the date of making the application not less than seven persons as its members, who are workmen engaged or employed in the establishment or industry with which it is connected."

Amendment of section 9.
Amendment of section 9.- After section 9 of the principal Act, the following section shall be inserted, namely: "9A. Minimum requirement about membership of a Trade Union.- A registered Trade Union of workmen shall at all times continue to have not less than ten per cent or one hundred of the workmen, whichever is less, subject to a minimum of seven, engaged or employed in an establishment or industry with which it is connected, as its members."

Amendment of section 10.
Amendment of section 10.- In section 10 of the principal Act, after clause (b), the following clause shall be inserted, namely: "(c) if the Registrar is satisfied that a registered Trade Union of workmen ceases to have the requisite number of members."

In view of the above amended provisions, what would be the minimum number of workmen required to sustain a Trade Union in any establishment?

I earnestly request all to urgently clarify.

Regards,

kadalirao

Hi friends,

It is strange no suggestion has been received since 10 days. I request you to provide some input on the query in Quotes.

Regards,
kadalirao

Why is the required membership of a minimum of 7 to register a TU not changed over the years despite the formation of many such TUs in India?

My reasoning supposes there are 200 workmen in such a case, the minimum number required is 20 who are actually engaged in the establishment for the registration of TU. However, if there are only 20 workmen working in the company, in view of the first proviso, 2 workmen can form a trade union as the clause specifies a minimum of 10% or 100. This may be the reason why the minimum number required for registration is retained at 7.

Regards,
Ravi

In order to have a minimum of 7 requisite members for registration, it appears logical under the amended Act that the minimum number of workmen in the establishment should always be 70, i.e., 10% of 70 = 7.

THE AMENDMENT
A registered Trade Union of workmen shall, at all times, continue to have not less than ten percent or one hundred of the workmen, whichever is less, subject to a minimum of seven, engaged or employed in an establishment or industry with which it is connected, as its members.

MATHEMATICAL EXPRESSION
• 10% of the total employees in the establishment
• OR
• 100
• WHICHEVER IS LESS
• AND
• SUBJECT TO A MINIMUM OF 7

THE INTERPRETATION
For Registration & certification of a Trade Union, the Union should have a minimum of 7 employees of the establishment/industry with which it is associated as its members. The earlier provision was also for a minimum of 7 members. The change is in the expression "shall at all times continue to have"... Minimum 7 members... Before, it was necessary to have 7 members at the time of registration only, and no other condition was mentioned.

ANOTHER AMENDED CLAUSE THAT HAS TO BE CONSIDERED IN THIS REGARD
Section 10. - "(c) if the Registrar is satisfied that a registered Trade Union of workmen ceases to have the requisite number of members."

Thus, if at any given point in time the trade union has membership of less than 7, its certification is liable for cancellation.

Regards,
Shailesh Parikh

Vadodara, Gujarat

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