Dear Seniors,
Since we have three unions, I want to know how and when to recognize a union. Can all unions be recognized, or only one or two? What are the references and legal provisions under which these recognitions take place, and what does that mean for Management?
I also want to know if recognized unions have the right to represent and negotiate for wage settlements. If the members of a non-recognized union are not party to an agreement, is the agreement binding on them all?
Please provide me with guidance.
Abraham
From Saudi Arabia
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1Since we have three unions, I want to know how and when to recognize a union. Can all unions be recognized, or only one or two? What are the references and legal provisions under which these recognitions take place, and what does that mean for Management?
I also want to know if recognized unions have the right to represent and negotiate for wage settlements. If the members of a non-recognized union are not party to an agreement, is the agreement binding on them all?
Please provide me with guidance.
Abraham
From Saudi Arabia
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There is one enactment in Maharashtra called "Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices" Act. This Act is to be read in conjunction with the Industrial Disputes Act (ID Act) and the Bombay Industrial Relations Act (BIR Act) because unfair labour practices are not mentioned in the BIR Act, and recognition of unions is not mentioned in the ID Act. The BIR Act was enacted before the ID Act. The MRTU & PULP Act balances both Acts.
Regarding the recognition of unions, all unions are recognized under the "Code of Discipline." This Code of Discipline, approved as guidelines between the Government of India, the All India Federation of Trade Unions, and the Labour Ministry, came into existence sometime in the 1950s as guiding principles. It was supposed to take effect as an Act under the ID Act, but due to a lackadaisical approach, nothing happened beyond this.
There are criteria mentioned for the recognition of unions. Firstly, all registered unions after completion of one year are eligible for recognition by the management. There may be three to any number of unions that can be recognized; there is no limit for recognition.
You have to invite all recognized unions for negotiations. All agreements with recognized unions are binding to all unions and their members unless there is something abnormal or corrupt means to reach an agreement.
Badlu
From Saudi Arabia
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Regarding the recognition of unions, all unions are recognized under the "Code of Discipline." This Code of Discipline, approved as guidelines between the Government of India, the All India Federation of Trade Unions, and the Labour Ministry, came into existence sometime in the 1950s as guiding principles. It was supposed to take effect as an Act under the ID Act, but due to a lackadaisical approach, nothing happened beyond this.
There are criteria mentioned for the recognition of unions. Firstly, all registered unions after completion of one year are eligible for recognition by the management. There may be three to any number of unions that can be recognized; there is no limit for recognition.
You have to invite all recognized unions for negotiations. All agreements with recognized unions are binding to all unions and their members unless there is something abnormal or corrupt means to reach an agreement.
Badlu
From Saudi Arabia
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THE KERALA RECOGNITION OF TRADE UNION RULES, 2011.pdf
Amended Labor Laws.doc