How Many Employees Are Needed to Form a Union and Can It Be Prevented?

What is the minimum number of people needed to form a union? Is there any way of ensuring that employees do not form a union?

Forming a Trade Union Under the Trade Unions Act of 1926

As per the Trade Unions Act of 1926, a minimum of seven people can form a trade union and register it with the registrar of trade unions. The only way to ensure that employees do not form a union is to meet each and every demand of theirs, which is practically not possible. The variety of individuals and their outlooks who are employed in the company lead to different response systems of each individual to any issue, which is not within our control.

Minimizing the Risk of Rebellion

To minimize any risk of rebellion among employees, a good human resource management system is necessary. However, there is no foolproof method of keeping unions out. Another option is to develop good leaders among the employees and form an internal committee to address the grievances of the employees so that the matters will be within your control.

Ensuring Employee Rights and Union Formation

Your Query: Is there any way of ensuring that employees (workers) do not form a union (trade union)?

Answer: The Indian Constitution guarantees every Indian citizen certain inviolable fundamental rights, which include the right to livelihood, the right of expression, and the right to form associations to pursue legitimate and lawful activities. There is no law in our country that prohibits forming a trade union. In fact, the Trade Union Act is an instrument that can be availed of by workers to form a trade union and get it properly registered on similar lines as incorporated companies with spelled-out protections.

The establishments—industrial or others—are ordained by laws not only to acknowledge the legality of the trade unions but also to grant recognition as the sole bargaining agent in respect of the concerned establishment's workers and members and deliberate/negotiate on matters related to their welfare.

Like beating or hitting the water body never separates the water, employers need to accept the emergence and functioning of trade unions of workers or employed persons.

Consequently, rather than "exploring ways and means" to deter or oppose directly or indirectly or intrude on the rights as referred to above, it never helps. In reality, such attempts or initiatives, however "clandestine," have backfired and harmed the employers, and the industrial relations scenario deteriorated beyond redemption.

The only alternative left to employers is to step forward and work towards "rapprochement"; a bilateral relations framework better understood as healthy and harmonious industrial relations in our establishments.

Bipartite discussions, negotiations, and dialogues cause in due course a conducive togetherness breeding a sense of "we are each other." This state of affairs exists in many organizations with progressive and enlightened managements at the helm. Swimming against the current has never helped anyone.

Please get in touch with the Kritarth Team in case you really require a solution in the industrial relations domain. Our IR advisor will guide and help. All information shall be confidential.

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27 June 2015

Forming and joining trade unions has become a fundamental right of workers in most professions and services. Since one can hardly stop employees from exercising the right to join a trade union, enterprises must learn to manage the relationship with trade unions.

Seven people are required to form a union. If you do not want workers to form a union, you need to address their issues on time. Have monthly open forum meetings where workers are allowed to ask questions to top management. Drive the culture of belonging and participative management.