How Can I Legally Prevent My Factory Workers from Forming a Union? Seeking Advice

I want to know deeply about labor law. Please help me with the same. I have 100+ laborers in my factory. They want to form a union. I want to prevent them from forming a union. Please suggest what I should do.

In life, we try to understand everything that comes across; but unfortunately, in our serious effort to understand those things or situations which are important to us, we normally misunderstand and land into trouble. I think your desire to have a thorough knowledge about labor law stems from your firm determination to thwart the unionization of your 100+ laborers. The right to form a union is a fundamental right guaranteed under Article 19(1)(c) of our Constitution. Therefore, any attempt on your part to scuttle the move to form a trade union is a punishable unfair labor practice as defined under Section 2(ra) of the Industrial Disputes Act, 1947.

Instead, try to understand why your 100+ laborers want to form a union. Do you think it would be comfortable and convenient for you to talk to every one of them individually regarding any issue involving their collective efforts as well as common interest? A trade union is not a rival setup to the management of an industrial organization. On the contrary, it is a representative body of the workmen for effective two-way communication and a collective decision-making process. At times, you may be perturbed by the presence of an outsider as the union leader. But, as an employer, if your intentions are honest and actions are legal about a contentious issue and above all you have a "both gain" attitude, any trade union leader will be your best friend.

Issue well taken up and responded to in a professional manner by ALC Rtd. This is ridiculous and shocking on the part of any HR. I think the curriculum of an MBA must include and focus on Industrial Relations as part of its main education.

Regards,

Om Prakash Poddar
MSW & Labour Law
9968337815

Understanding Labor Law and Trade Unions

You are right when you say you want to understand our country's laws relating to employment and matters connected therewith. This shall be an eye-opener and will dispel all doubts.

Organizations are created to generate wealth and well-being for all stakeholders, including workers/employees. This happens when organizations do good for their stakeholders so that they, in turn, do good for the organizations. This is time-tested wisdom and insight.

Trade unions, like companies, are formed, registered, and monitored under the laws. We are a republic where the rule of law is supreme. Please do not dare to violate the law. Can anyone violate your fundamental rights? None, not even the first citizen of our country.

Let managers learn to manage legitimately. Forming a trade union under the Trade Union Act is legal.

Whenever a trade union is registered, earnestly respect their right to hold consultations, negotiations, bargaining, etc., within the legal framework.

I suggest that, in consultation with your top management team, you should organize a program to appreciate management's role in closer association with workers and their elected representatives for uninterrupted production of goods and services, for which your organization came into being.

Team Kritarth has successfully conducted such awareness programs involving senior management members of MNCs and progressing Indian corporates who previously planned similar misadventures.

Regards, Team Kritarth

[Email Removed For Privacy Reasons]

Understanding Unionism

Many youngsters (and a few seniors too!) assume that unionism is bad. Unionism is like a congregation of the workforce, and the union office bearers are the representatives of the labor. Much depends on whether the unionized labor is disciplined, well-mannered, and whether the steps or processes they adopt to meet their expectations or demands are fair enough. Unionism evolved because of the unfair trade practices of many owners or managements. If unionism is bad, so are a few managements. As our learned professionals like Mr. Umakanthan opined above, management cannot thwart the creation of a union. If the labor is planning to form a union, it is for the management to treat labor in a proper manner through mutual dialogue and discussion in a congenial environment. If the labor is satisfied, why should they think of an alternative?

Best wishes

Recommended Reading for Understanding Labour Law

Dev Tomar needs to read simple and easy-to-understand textbooks on Labour Law. Please read the book titled "One Should Know Labour Law" authored by Mr. Ajay Garg, Nabhi Publication. Later, you can refer to case laws from the library. HR is not only a salary deductor to appease the principal employer but also a researcher. So, visit the library to investigate deeper until you get the desired results.

Regards, Om Prakash Poddar
SPE, IDPL, under dismissal litigation through Writ (C) 90 of 2016 before the Supreme Court of India.
[Phone Number Removed For Privacy Reasons]

Mr. Umakanthan has given a very correct and practical mahamantra. He has vast experience in practically resolving IR matters and has also suggested precautions. I wish to add here only two small points. When you want to control something you do not want, or you are resisting a new event from happening, and suppose it has taken shape, then the event (Union) comes up with double/triple force, and at that time, a lot of negative things and offshoots also take place. You must have heard a film's dialogue, "Jab jaljalla aata hai to kuda karkat saath lata hai."

The second thing I wanted to share is that suppose you are successful in resisting the formation of an internal Union for a few months or years; your workers will soon form it with the support of external members as office bearers in the executive body. They have little empathy, a tendency to push hard unreasonably, and keep pressuring you continuously. This is my viewpoint. In fact, as a consultant, in similar situations, I suggested to one of my clients not to resist forming a union, but the local management was not receptive. Eventually, CITU entered, and in that region, CITU had never been present before.

MBA syllabi cover IR and labor laws subjects. What you learn with proactive approaches through common sense and practical experience is not available in books. IR is a different dish; its taste is unique, unlike the tastes described by engineers, CAs, teachers, etc. I also recommend, based on experience, that your previous successes and strategies won't guarantee you the same results.

All the very best,

Regards, RDS Yadav

Nothing better than Mr. Umakanthan's reply and an apt example by Mr. RDS Yadav that actions, if suppressed, will rebound with double the force. It is said that discretion (wisdom) is the better part of valor. I have nothing much to add to what the learned members above said. Even if the workers form the union, you need the knowledge, probably more, to deal with them. So please go through the Trade Unions Act 1923, as well as the Industrial Disputes Act 1947 and the Industrial Employment Standing Orders Act 1947, which are directly relevant to the industrial relations subject. If your state has also enacted any specific laws on industrial relations, please go through them as well.

Regards, B. Saikumar

Understanding Labour Laws

Well, I am not going to add anything in this post regarding unionism and non-unionism, its pros and cons. However, I like your question on how to gain command over labour laws. You may follow the points below.

Categories of Labour Laws

Broadly, labour laws are categorized as follows for easy understanding:

- If you want to know laws focusing on industrial relations, read the Trade Unions Act, Industrial Disputes Act of 1947, and the Standing Orders Act of 1946.

- If you want to know laws focusing on the social security of workmen, read the EPF & MP Act, ESIC, MBA, PGA, ECA.

- To understand laws focusing on working hours, welfare, and health of workmen, read FA, CLRA, BOCW.

- To know the laws focusing on wages, read PBA, PWA, MWA.

Hope this may be useful to you.

Regards, Sarisri

You cannot in any way stop your employees from forming a union. However, there are provisions for the cancellation of trade unions under the Trade Unions Act, but that is merely on some technical grounds.

For more information on labor law, you can check out my blog at www.labourlawhub.com.