Workers Formed a Union: Can We Cancel It and What Steps Should We Take?

Sir, recently, our workers have registered a union. However, we don't want to continue with it. Can we cancel the union, and if so, what is the procedure? How should we deal with them?

Hi,

Please check the Trade Union Act. I believe they should get written No Objection from management before registering the union. If the procedure was not followed, you can very well seek the help of government officials and dissolve the same.

Dear Siva, your post does not seem to provide readers with a clear understanding of the actual problem leading to your consequential question. I think that's why the other learned member was compelled to involve Management in the matter of union registration under the Trade Unions Act, 1926.

In the first place, the employer has no role to play in the formation, registration, or cancellation of registration of any trade union under the Trade Unions Act, 1926. Second, I think that the query has been raised on behalf of some members of the existing trade union registered recently because of their unwillingness to continue in the union. One simple option available to such members is to resign from the union by surrendering their membership. If they are particular about dissolving the union once and for all, then they have to follow the procedure furnished under Section 27 of the Act dealing with dissolution.

Understanding the Situation

I understand the situation of Siva like this: the workers of the company have formed a trade union, and the management wants there to be no trade union. Therefore, the management wants to know if they can cancel the trade union registration.

Now, as Umakanthan Sir has said, the employer has no role to play in it. There is no need for the employer to give permission to form a union. If a no-objection certificate from the management is required to form a trade union, then I don't think we will have any trade union! Will any employer give permission to the workers to form a trade union? No, not at all. Therefore, that issue is totally rejected.

Changing the Minds of Trade Union Members

Coming back to what Umakanthan Sir has said, you can consider something that can change the minds of the trade union members, leading them to resign from membership and dissolve the trade union.

The Reality of Trade Unions

Regarding the real scenario, I would say that a trade union is a fact wherever workers are discontent. It indicates that the management is not employee-friendly or approachable. Therefore, if they have formed a union, let them continue to seek the union's assistance. In my experience, trade unions are always good for maintaining smooth industrial relations. You need to negotiate with the union and seek their assistance whenever required. Don't view it as a platform to defend, but as an opportunity to negotiate, correct, and build relationships.

Whether the employer likes it or not, forming a union is the right of the workers. The employer's resentment is understandable. You can do nothing in the registration or cancellation of the union. Under no law is the employer's permission or NOC required for forming a union. Learn to accept and deal with the union as a necessary partner in the growth of the company. Resolve bilateral issues across the table through a culture of collective bargaining. Look at it positively and move forward.

Regards, Vinayak Nagarkar
HR Consultant