Trade Unions and Labour Laws

Flashcards on trade unions, recognition, rights, and strikes based on lecture notes.

Trade Union

An organization of workers aimed at securing economic and social benefits for its members and moderating employer-employee relations.

Primary Purpose of Trade Unions

To level the bargaining field between individual employees and employers.

Article 19(1)(c) of the Constitution

Guarantees the freedom to form associations, including unions.

Registration of Trade Unions

Legal recognition gained by registering with the Registrar under the Trade Unions Act, 1926.

Minimum Members for Union Registration

At least seven members.

Membership Threshold for Union Registration (Single Establishment)

At least 10% or 100 employees, whichever is less, must join the union.

Body Corporate

Status of a union upon registration, granting perpetual succession, a common seal, and the ability to hold property and enter contracts.

Recognition of Trade Unions

Formal acceptance of a trade union by an employer as the representative body of workers for collective bargaining.

Voluntary Recognition

When an employer voluntarily acknowledges a union.

Statutory Recognition

Recognition mandated by law, often based on union membership strength.

Membership Threshold for Sole Negotiating Union (Industrial Relations Code, 2020)

At least 51% of workers in an industrial establishment.

Negotiating Council

Formed when no single union has a 51% majority, comprising representatives of multiple unions with at least 20% membership each.

Corporate Personality (Sec. 13)

A registered union is a legal entity that can hold property and enter contracts.

Immunity from Conspiracy Charges (Section 17)

No officer or member of a registered union is liable for criminal conspiracy for agreements made in furtherance of lawful union objects.

Immunity from Civil Suits (Section 18)

No suit can be maintained against a registered union for acts done in furtherance of a trade dispute, solely on the ground that such act induced breach of contract or interfered with another’s trade or employment.

Enforceability of Agreements (Section 19)

Agreements between members of a registered union are not void or voidable merely because they restrain trade.

Limited Funds Usage (Sec. 15)

A union’s general funds may be spent only on prescribed objects, such as salaries, administration costs, legal proceedings, and member benefits.

Annual Return (Section 28)

A union must submit an annual return to the Registrar, including an audited statement and updated rules.

Outsiders in Union Leadership (Section 22)

Limits the number of non-workers in union leadership to 1/3 of the executive.

Definition of Strike (Industrial Disputes Act, 1947)

A cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal to work.

Definition of Strike (Industrial Relations Code, 2020)

Includes the original definition plus casual leave on a given day by 50% or more workers employed in an industry.

Article 19(1)(c) and the Right to Strike

Guarantees the right to form associations or unions, but the right to strike itself is not a fundamental right.

Section 62 (Industrial Relations Code, 2020)

Requires notice of strike to be given by workers in public utility services at least 14 days in advance.

Types of Strikes Recognized by Law

Legal, illegal, general, and flash strikes.

Illegal Strike Penalties

Wage deductions, disciplinary action, and fines.

Unionisation

The process of organizing workers into trade unions to protect their rights, improve working conditions, and bargain with employers.

Informal Sector

Unregistered, unregulated, and mostly unprotected employment.

Challenges in Unionising Informal Workers

Absence of defined employers, lack of awareness, fear of retaliation, scattered workforce, limited legal protection.

SEWA (Self-Employed Women’s Association)

One of India’s largest informal sector unions, advocating for rights of self-employed women workers.

Role of Informal Unions

Function more as advocacy groups than conventional bargaining agents, often bargaining with the state for welfare policies.