Trade Union Definition,Functions,Problems and 1926 Act

Meaning of Trade Union

A trade union is an

organization based on membership of employees in various trades, occupations and professions, whose major focus is the representation of its members at the workplace and in the wider society. It particularly seeks to advance its interest through the process of rule-making and collective bargaining.

Objective of Trade Unions

Wages salaries

Working conditions
Discipline Personnel policies Welfare Employee-employer relation Negotiating machinery Safeguarding organizational health and interest of

the industry

Functions of Trade Union

In each country, trade union legislation (usually a

Trade Union Act) gives a legal definition of a trade union, and sets out its objectives. The Labor Relations Code 1976, established under the Labor Relations and Industrial Disputes Act1975 of Jamaica sets out what is considered to be the main objectives of the trade union.

Functions of Trade Unions

As per the Indian Trade Union Act 1926 , primary

function of a trade union is to protect and promote the interests of the workers and the conditions of their employment .

Continue
Functions of trade union can be broadly classified

into : MILITANT FUNCTIONS. FRATERNAL FUNCTIONS.

1.Militant Functions

To achieve higher wages and better working conditions To raise the status of workers as a part of industry To protect labors against victimization and injustice

2.Fraternal Functions

To take up welfare measures for improving the morale of workers To generate self confidence among workers To encourage sincerity and discipline among workers To provide opportunities for promotion and growth To protect women workers against discrimination

Problems of Trade union

1.Lack of Balanced Growth 2.Low Membership 3.Poor Financial Position 4.Political Control 5.Multiplicity of Unions 6.Inter-union Rivalry 7.Lack of able Leaders 8.Lack of Recognition 9.Opposition from Employers 10.Indifferent Attitude

THE TRADE UNIONS ACT, 1926

I OBJECT: To provide for the registration of trade unions and to define law relating to registered trade unions. II APPLICABILITY: It extends to the whole of India. III TRADE UNIONS: means any combination whether temporary or permanent formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employees and employers imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade unions. IVMODE OF REGISTRATION: Any seven or more members of a trade union may apply for registration of a trade union in Form - A to the Registrar appointed for the area. The application shall be accompanied by Schedule I, Schedule II and a byelaw and a resolution authorizing seven ordinary members of the union to make an application for registration of the union, and a treasury chalan of Rs.500/- remitted as registration fee. (Section 4 and 5 read with Regulation: 3 & 5)

V REGISTRATION CERTIFICATE: On receipt of the application for registration, the Registrar, after making reasonable enquiry issue a Registration Certificate in Form - B (Section 8 & read with Regulation

VI certificate of Registration may be withdrawn or cancelled by the Registrar: 1. On an application of a Trade Union in Form-D, or 2. If the Registrar is satisfied that the certificate is obtained by fraud of mistake or that the trade union had ceased to exist or willfully and after notice from the Registrar contravent any provisions of the Act or rules etc. (Section 10 read with Regulations 8 to 12) VII APPEAL : Any person aggrieved by any order of the Registrar may appeal within two months to the Civil Court not inferior to the court of an Additional or Assistant Principal Civil Court. (Section 11 read with Regulation 13)

VIII CHANGE OF NAME :

Any registered trade union may with the consent of not less than 2/3 of its total members may make application in Form-H, for the change of its name (Section - 23 read with Regulation - 16) IX ANNUAL RETURNS: Every trade union shall send annual returns to the Registrar in triplicate on or before the 1st day of June of the year succeeding the calendar year in Form-L in the case of individual trade unions and in Form-LL in the case of federation of trade unions (Section28 read with Regulation 21) XII PENALTIES: Offences punishable for the failure to submit returns may extend to Rs.5/- and in the case of continuing default with an additional fine which may extend to Rs.5/- for each week and shall not exceed Rs.50.00. Any person who willfully makes, or causes to be made any false entry or any omission from the general statement required by Section 28 etc. shall be punishable which may extend to Rs.500/-. Registered trade unions, furnishing false informations, shall be punishable with fine which may extend to Rs.200/- (Section 31)

X WHO CAN FILE PROSECUTIONS: 1. Registrar 2. Persons with the previous sanction of the Registrar. 3. Aggreived person under Section 32. The complaint shall be filed within six months of the date on which the offence is alleged to have been committed. No court inferior to that of a Presidency Magistrate or a Magistrate of First Class shall try any offence under the Act. XI AUTHORITIES UNDER THE ACT: 1. Registrar of Trade Unions (under Section - 3) Labor Commissioner 2. Additional Registrar of Trade Unions Additional Labor Commissioner (IR & E) 3. Deputy Registrar of Trade Unions Joint Labor Commissioner (P) (Regulations wherever specified means The Kerala Trade Unions Regulations)

XII AMALGAMATION OF TRADE UNIONS: Any two or more registered trade unions may become amalgamated together as one trade union provided the votes of at least one half of the members of each or every such trade union entitled to vote and at least 60% of the votes recorded are in favour of the proposal. Notice of the amalgamation shall be sent to the Registrar in duplicate in Form-J (Section 24 to 26 read with Regulation 18) XIII DISSOLUTION: When a registered trade union is dissolved the notice of dissolution shall be sent to the Registrar in Form - K, within 14 days of the dissolution along with the registration certificate (Section 27 read with Regulation 19)

Submitted By: S.Kenen Bhandhavi Roll No:34 MBA-III