Dear Professionals,
We have a recognized Trade Union in our organization with 100 workmen. Is it possible to add additional workers to the union as members, specifically those who have recently been confirmed as workmen?
The recently confirmed workmen have provided written letters stating that they will not join the union. Is this valid? Kindly advise.
From India, Chennai
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We have a recognized Trade Union in our organization with 100 workmen. Is it possible to add additional workers to the union as members, specifically those who have recently been confirmed as workmen?
The recently confirmed workmen have provided written letters stating that they will not join the union. Is this valid? Kindly advise.
From India, Chennai
Acknowledge(0)Amend(0)
Freedom of association and union
Freedom of association and union is a fundamental right guaranteed by the Constitution in Article 19(1)(c). The right to form an association is the essence of a democratic polity. Article 19(1)(c) guarantees to the citizens of India the right to form associations or unions, and under Article 19(4), it also provides that reasonable restrictions can be imposed in the interest of the sovereignty and integrity of India, public order, or morality. Restrictions on other grounds will be unreasonable and unconstitutional, as it appears here.
So, the newly made permanent workers have the right to choose their union, and you cannot compel them to take membership of the recognized union. If you would like them to be members of the recognized union, then you need to evolve well-considered steps to entice them to that union, which has to be individual-specific and situation-specific.
From India, Mumbai
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1593Freedom of association and union is a fundamental right guaranteed by the Constitution in Article 19(1)(c). The right to form an association is the essence of a democratic polity. Article 19(1)(c) guarantees to the citizens of India the right to form associations or unions, and under Article 19(4), it also provides that reasonable restrictions can be imposed in the interest of the sovereignty and integrity of India, public order, or morality. Restrictions on other grounds will be unreasonable and unconstitutional, as it appears here.
So, the newly made permanent workers have the right to choose their union, and you cannot compel them to take membership of the recognized union. If you would like them to be members of the recognized union, then you need to evolve well-considered steps to entice them to that union, which has to be individual-specific and situation-specific.
From India, Mumbai
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Freedom of Association and Collective Bargaining.pdf