Can Industries Really Deny Registration to Affiliated Trade Unions? Let's Discuss Why

Dear HR Professionals,

This is Ajay, pursuing an MSW in HR. I'm excited to learn about affiliated trade unions. Industries can deny the registration of affiliated trade unions. For instance, Samsung Thozilalar Sangam is a trade union affiliated with CITU, but the Samsung management didn't accept their request. Are there any provisions to deny the registration? Why not?

Thank you.

Registration of a trade union

Registration of a trade union is not within the control of any employer. It is granted by the Registrar appointed under the relevant sections of the Trade Union Act. If there are ten percent of workers, subject to a minimum of 7 persons, and all these members are individuals of sound mind capable of entering into a valid contract, there is no chance of refusal for registration. The employer cannot interfere with this process. However, the employer can refuse to recognize a trade union.

Laws governing trade union recognition in Tamil Nadu

Tamil Nadu has not enacted a separate Act to recognize trade unions like Maharashtra, MP, or Kerala have done. Therefore, there is no specific law governing the recognition of trade unions in Tamil Nadu. It is essential to acknowledge that we are bound to comply with the guidelines of the ILO, which are accepted norms.

Employer's role in union recognition

According to ILO guidelines, and considering the number of workers involved and the sentiments of workers and the general public, the employer/management should acknowledge the union and work towards resolving any unrest. It has been mentioned that they are willing to negotiate directly with the workers and not with the union, which is unfair. In a democratic setting, a union is a reality formed for effective bargaining. Thus, the management's attitude should evolve to accommodate this reality.

Grounds for Denial

- Lack of Connection to Trade or Industry: If the union's members are not employed in a trade or industry, registration may be denied.

- Non-Compliance with Act Provisions: Failure to meet requirements outlined in the Trade Unions Act can lead to registration refusal.

- Misrepresentation or Deception: Providing false information or deceiving the public or members can result in denied registration.