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Trade union

This presentation includes notes collected from various sources from internet during my study journey with regard to the topic Trade Union

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Trade union

  1. 1. Trade Union
  2. 2. TRADE UNIONS Trade union (also called labour union) is an Organized group of workers; protect & advance the interest of its member. In each country, there is a trade union legislation(usually a Trade Union Act) gives a legal definition of a trade union, and sets out its objectives. Why we create trade union? 1) Economic motive : To improve worker’s economic. 2) Protection of rights : To ensure worker’s rights are protected. 3) Social reason: Medium to voice out employee satisfaction. Reason for joining a union 1) Increased wages & benefits 2) Job security 3) Protection against unfair treatment 4) Cooperation with fellow workers 5) Peer pressure Who can’t join a union? 1) Students (universities or college students) 2) Professional & managerial group 3) Person who under 16 years old 4) Part time workers 5) Not same category of membership Who can join a union? 1) Any worker over 16 year 2) Employees under contract of employment 3) Public sector employees 4) Private sector employees
  3. 3. TRADE UNIONS - TYPES Types of unions 1. Public Sector Employees’ Unions 2. Private Sector Employees’ Unions 3. Employers’ Unions Public Sector Employees’ Unions : The public sector consists of the civil service, the statutory bodies and the local authorities. • Congress of Unions of Employees in the Public and Civil Service (CUEPACS) Private Sector Employees’ Unions : Private sector unions are either national or in-house. • Malaysian Trades Union Congress (MTUC) Employers’ Unions :To secure the organization of all employers • Malaysian Employers Federation (MEF)
  4. 4. Pay Bargaining Trade unions are most closely associated with negotiating with the employers of a business on behalf of their members over the issue of pay. This is known as the 'pay-bargaining process', and it is an example of collective bargaining.
  5. 5. 2.General Unions : If the workers of any industry, any region and of any job or occupation form into one union in order to protect the overall interests of the workers. Ex: The Jamshedpur labour Union, the National Union of Municipal and General Workers 3.Industrial Unions workers of different categories form into a union that is called industrial union. It links all craftsmen and skilled workers in any one industry. It is organized upon and industry-wise rather than a craft-wise basis. Ex: Textile Labour Association of Ahmedabad, The Rashtriya Mill Mazdoor Sangh, Bombay. 1.Craft Unions : If the workers of the same craft or category of the job form into an union, that union is called Craft union. Such organizations include those workers having similar skills, training and specialization. Ex: The Ahmedabad Weaver’s Union, the Kanpur Suti Mill Mazdoor Sabha 4.Federations : Industrial unions, either of same industry or of the different industry may form into an association in order to improve Trade Union Unity. Such Unions of Unions are called federations. During critical situations the unions in different industries may resort to concerted action without losing their individuality. In such situation the federations form into an Association and such and association is called Confederation. Ex: Federation of Indian Railways
  6. 6. Fraternal means like brothers; Ancillary means provides necessary support to primary activities.
  7. 7. Some Points to Note
  8. 8. TRADE UNIONS • The Trade Unions Act came into operation from – 1st June 1927 • In which year's amendment of the act was the word ‘Indian―removed? – 1964 • The act came into force from : 1st April, 1965 • The act was enacted with the objective of providing for the registration of trade unions and verification of the membership of trade unions registered so that they may acquire a legal and corporate status. • What is the minimum number of trade union members requires in registering themselves as a union – 7 • Which act in Industrial Relations defines the term trade union? - The trade union and labour relations (consolidation) Act, 1992 • Section of the act deals with the registration of the trade unions - Section 8 • The Registrar has the right to cancel the registration of the union if he is satisfied that the certificate has been obtained by fraud or mistake.
  9. 9. TRADE UNIONS • The following acts do not apply to the registered trade unions: a. The Co-operative Societies Act, 1912 b. The Societies Registration Act, 1860 c. The Companies Act, 1956 • An object on which general funds could be spent as per section 15 of the act The payment of expenses for the administration of trade union or any member thereof (Payment to buy goods required for the enterprise , Payment of employees in the factory establishment are not part of the same) • The minimum age to be registered as a member of the trade union is of : 15 years. • A person is qualified to be chosen as a member of the executive or any other office bearer of the registered trade union if he attained the age of : 18 years • On which of the following grounds an office bearer or executive of the trade union be disqualified A. Has been convicted by the court of any offence involving moral turpitude B. Has not attained the age of 18 years However, ” Is not working with any establishment “ is not part of a reason for trade union be disqualified.
  10. 10. TRADE UNIONS • How many member's consent is required to change the name of the registered trade union? A: 2/3rd of the total member • How many percentage of votes should be recorded when amalgamating 2 or more registered trade unions? A: 60% • How many members should sign the notice of dissolution? A: 7 members and the secretary of the trade union • On what grounds can a union refuse to admit a person or expel a member? A: Because of misconduct (Section 174 of the Trade union 7 Labour Relation Act 1992 lists the situations) • Trade unions are the principal schools in which the workers learn the lesson of _______ and ______. A: Self - reliance and solidarity • In which year did the labour movement start in India? – 1875 • In which year did the trade union movement start in India? -1918 • Labour movement is "for the people" whereas trade union movement is "by the people".
  11. 11. TRADE UNIONS The trade union movement were at a disadvantage in an age when the __________ held the field. - Doctrine of Laissez faire Laissez-faire(French: “allow to do”) :  Policy of minimum governmental interference in the economic affairs of individuals and society.  The origin of the term is uncertain, but folklore suggests that it is derived from the answer Jean-Baptiste Colbert, controller general of finance under King Louis XIV of France, received when he asked industrialists what the government could do to help business: “Leave us alone.”  The doctrine of laissez-faire is usually associated with the economists known as Physiocrats, who flourished in France from about 1756 to 1778.  The policy of laissez-faire received strong support in classical economics as it developed in Great Britain under the influence of economist and philosopher Adam Smith.  An economic system in which transactions between private parties are free from government intervention such as regulation, privileges, tariffs and subsidies.  The phrase laissez-faire is part of a larger French phrase and literally translates to "let (it/them) do", but in this context usually means "let go“.
  12. 12. • In how many periods can you divide the growth and development of trade union movement in India? – 6 • Which 2 Indian Humanitarians who themselves were factory workers drew the government’s attention towards unhappy working conditions of labourers in 1875 and 1884? - Sorabjee Shapurji Bengali & N.M. Lokhandey • Periods of trade unions with respective years: 1. Second world war : 1939 – 1945 2. Post - independence period : 1947 - to date 3. Social welfare period : 1875 – 1918 4. Early trade union period : 1918 – 1924 5. Left wing trade unionism period : 1924 – 1934 6. Trade unions' unity period : 1935 – 1938 • Which year saw the history of modern industrialism in India? – 1850 • Who formed Bombay Millhands Association and in which year? - N.M Lokhandey in 1890 TRADE UNIONS
  13. 13. • Name of the newspaper published for the working class? : Dinbhandhu • Which of the organisation was formed during the period 1879 – 1881? - British Indian Association • 2 main factors responsible for the slow and steady growth of the movement: • Slow and gradual Proletarisation • Weakness and disability of the Indian working class (Illiteracy amongst the Indian working class is not a reason) {In Marxism, Proletarianization is the social process whereby people move from being either an employer, unemployed or self-employed, to being employed as wage labor by an employer. Proletarianization is often seen as the most important form of downward social mobility.} • Why were most of the organisations unstable and loose in nature? • They lacked definite aims and constitution • (Not coz They lacked unity / lacked support from the acting government) The early leadership was provided by 3 types of people namely, the intellectuals, careerists and politicians and nationalists. TRADE UNIONS
  14. 14. TRADE UNIONS • Which year marked the regulation period under the social welfare period? : 1875 – 1891 • I. L. O was established in the year : 1919 (International Labour Organisation) • Who initiated the textile labour association and in which year? : Mahatma Gandhi in 1920 • Full form of AITUF? : All India Trade Union Federation • In which year did the Second World War break out? : 1939 • In which year was the Indian National Trade Union Congress formed? : 1948 • Whereas All India Trade Union Congress was established in the year 1920. • Politicians attended the All India Trade Union Congress Meet? 1. Annie Besant 2. Motilal Nehru 3. Vallabh Bhai Patel
  15. 15. TRADE UNIONS • In which city did the United Trade Union Committee meet again to form a new union under the name of United Trade Union Congress? : Calcutta • Trade unions with their correct objectives: 1. The Indian National Trade Union Congress : To establish just industrial relations 2. All - India Trade Union Congress : To establish a socialist state in India 3. United Trade Union Congress : To bring about unity in the trade union movement 4. Bhartiya Mazdoor Sangh : The right to strike • Creation of a political fund by trade unions under the Trade Union Act is : Optional • What will be the minimum number of workers required for organizing a trade union for registration according to the latest amendment under the Trade Unions’ Act, 1926? : 10% or 100 or 7 • The minimum subscription rate for members of trade unions of rural workers shall not be less than : Rs. 1 per annum • A union may claim recognition for an industry in a local area, if it has membership of : 25% of the workers of that industry in that area. • The registered trade union can collect political fund from its members as a : Separate fund from the interested members
  16. 16. TRADE UNIONS • Not more than 50% of members of the office bears of Trade union can be outsiders, as per provisions of legislations. : Trade Union Act • Trade union means any combination formed primarily for the purpose of regulating the relations between : Workmen and employers, workmen and workmen, employers and employers temporary or permanent • The Trade Unions Act empowers a trade union to create a General Fund for its administration and maintenance. • A trade union purchased shares in the Unit Trust of India to enhance its General Fund Account. • The trade union can raise its fund by such type of investments. • The trade union can raise its funds by such investments with the permission of appropriate government. • The trade union can raise its fund by such investments with the consent of its general body. • However the statement that “ The trade union cannot do so as it is an attempt towards profit making “ is false. • The basic principle underlying the enactment of the Trade Unions Act is: To regulate the relationship of workers and their organization by regulating the balance of power.
  17. 17. TRADE UNIONS • Individual action is not a characteristic of trade union • Union which is focused on making the skills of its members valuable and not easily replaceable in organizations? Occupational Union • A union meant to protect the interests and rights of the non-manual employees is called a : : Brown-collar Union • Employees join unions to fulfil their - Social, Esteem, economic – Needs • What should be the minimum number (of persons) required to register a trade union? : 7 • Which official, created by statute, is responsible for certifying that trade unions are independent? : Certification Officer • An official called the Certification Officer maintains a list of trade unions. A trade union whose name is on the list can apply to the Certification Officer for a certificate that it is independent. • Criteria used to assess whether a trade union is independent? : The union's history, its organization and structure, its finances, and the extent of employer provided facilities. Ie, its background and the way it organizes and structures itself, including its finances
  18. 18. TRADE UNIONS • Are collective agreements legally enforceable? A: They are presumed not to be legally enforceable unless the parties agree otherwise. A collective agreement is conclusively presumed not to have been intended by the parties to be a legally enforceable contract unless the agreement is in writing and contains a provision which states that the parties intend the agreement to be a legally enforceable contract (Section 179 TULRCA). • Are employers obliged to provide information to trade union representatives for collective bargaining purposes? A: Yes, if it is information that the employee representatives need to carry on collective bargaining. Employers have a duty to disclose to employee representatives, on request, all such information relating to their undertakings as is in their possession which is both (Section 181 TULRCA) information without which the union representatives would be to a material extent impeded in carrying on such collective bargaining; and information which it would be in accordance with good industrial relations practice that they should disclose.
  19. 19. • Are there occasions when employers are not required to provide information to employee representatives within the context of collective bargaining? They are not required to provide information in a number of specified reasons such as if it is information that relates specifically to an individual unless he or she has consented to its disclosure. • Employers are not required to disclose information when the disclosure : 1. Would be against the interests of national security; or 2. When it could not be disclosed without contravening other legislation; or 3. Which has been communicated to the employer in confidence; or 4. Is information that relates specifically to an individual unless he or she has consented to its disclosure; or 5. The disclosure would cause substantial injury to the employer's undertaking for reasons other than its effect on collective bargaining; or 6. Has been obtained by the employer for the purpose of bringing or defending any legal proceedings. TRADE UNIONS
  20. 20. TRADE UNIONS • Can an employer refuse to employ a trade union member because the employer regards them all as trouble makers? : No, it would be unlawful. Section 137(1) of TULRCA 1992 makes it unlawful to refuse employment to people because they are or are not members of a trade union or because they refuse to accept a requirement that they become a member or cease to be a member, or a requirement that they suffer deductions if they fail to join. • What is the 'Golden Formula'? A formula which says that statutory protection in tort can only happen when the action is in contemplation or furtherance of a trade dispute. I.e., The statutory immunity in tort for various types of industrial action depends on that action taking place in contemplation or furtherance of a trade dispute. This is known as the golden formula. • Is it legal for a trade union to call together its workers in one factory and decide on a strike on the basis of voting by raising hands? • No, because all ballots have to be secret. • Trade unions and their officials can benefit from immunity provided by section 219 TULRCA only if the union has authorized or endorsed the industrial action, having gained majority support in a secret ballot of the members concerned.
  21. 21. TRADE UNIONS • Is there an upper limit on the amount of damages that can be awarded against a trade union deemed liable for industrial action? : Yes, £250,000. • The limits set are between £10,000 and £250,000, depending upon the size of the union. • Which criteria might a judge take into account in deciding whether to grant an interim injunction against a trade union from taking industrial action? Whether there is a serious question to be tried and where the balance of convenience lies. • Before granting an interim injunction, a judge will have to consider whether there is there a serious question to be tried; where the balance of convenience lies; and, where the party against whom the injunction is sought claims that the action was in contemplation of furtherance of a trade dispute, is there a likelihood of the defendant establishing a defence to the action under section 219 or 220 TULRCA? • In exercising its discretion a court will need to take into account the possibility of a defendant succeeding in establishing a trade dispute defence.
  22. 22. Thank You