Can a Recognized Union Legally Represent Contract Workers in Agreement Signing? Seeking HR Insights

Hi all, I work for a large-scale PSU. We have around 4,000 contract employees engaged through contractors. Further, we also have a recognized employees' union. My query is as follows: Whether the recognized union of employees can take up the cause and sign the agreement on behalf of contract laborers, who are primarily not members of the recognized union. Is the above valid legally, or is there any written legal document available, or any practice in place? I would appreciate any knowledge hub to help me with my query. HR experts, please participate and share your comments.

With regards,

K.S. Yoganth Murthy

If contract workers are members of that union, the union may raise an industrial dispute regarding their absorption. It has also been observed that in PSUs, contractors are changing, yet contract workers remain the same year after year. Hence, this reflects that control and supervision are done by the PSU and not the contractor. Therefore, the contract is sham and bogus. The Principal Employer or PSU is the Employer.

Regards,
Rahul Bagale

Contract Employees and Trade Unions

It is a choice for contract employees to organize as a trade union under the flag of A, B, or C. In fact, there could be a multiplicity of trade unions.

The most common demand of any contract worker is to get absorbed as a permanent employee of the principal employer and seek all the wages and benefits as a legitimate permanent employee. If a contract employee feels that the union recognized by the principal employer has the clout, negotiating power, and capacity to meet their demands, then what is wrong if they join that union?

Secondly, a recognized trade union is always too willing to accept contract workers as their members and supporters, which eventually adds to their strength and negotiating power. In the event of a strike, tool down, etc., contract workers' strength adds to the organized and unionized strength of workers and makes a big impact.

It is also true that a recognized union may not be really interested in solving the problems of contract workers, but they are only using them to serve permanent workers' purposes.

Dear Yognath, this is a very good question for discussion and needs more elaboration. I agree with VK Kamthankar.

Contract Labor and Union Involvement

First, contract labor is not our employee. If any questions arise regarding agreements with contract labor, whether they are members of the union of regular employees or not, or have a separate union (contract labor union), in that case, it is not advisable to involve directly with the contract labor.

If contract labor raises any demands, they should be addressed through direct involvement of the contractor. If any contract labor completes 240 days in a year in operational or perennial nature work, and the union is aware of the situation, the union might create issues regarding the permanency of the contract labor.

Regards,
Sacheein Lahane

I hope you had telephonic discussions. Can you share the points you discussed for the benefit of all members?

In case a telephonic discussion has not taken place, you may still share your views, opinions, and knowledge for the benefit of others.