TRADE UNIONTrade Union means a combination formed for

the purpose of regulating the relations not only between workmen and employers but also between workmen and workmen or between employers and employers

- Trade Union Act 1926

WHAT IS TRADE UNIONA trade union is an organised group of workers.

Its main goal is to protect and advance the interests of its members

A union often negotiates agreements with employers on pay and conditions. It may also provide legal and financial advice, sickness benefits and education facilities to its members

Trade unions aim to represent the interests of people at work and negotiate with employers for better terms and conditions for their members

Section 14: Certain Acts not to apply to registered Trade Unions

The Societies Registration Act, 1860.

The Co-operative Societies Act, 1912.

The Companies Act, 1956

PROVISIONS OF ACT1. Definitions2. Registration of Trade Union3. Cancellation of TU and appeal4. Re registration of TU5. Incorporation of a registered TU6. Duties and Liabilities of a registered TU

Cont..

7. Rights and privileges of a registered TU.8. Amalgamation 8(A). Dissolution of

registered TU.9. Submission of returns.10. Power to make regulations.11. Penalties and procedures.

1. DEFINITION“Executive” A body, should be responsible for

managing the affairs of a trade union.“Office Bearer” any member of the executive

of a trade union.“Registered Office” Which is registered as

the head office under the Act.“Registrar Of TU” A registrar appointed by

the appropriate govt. for each state.

cont..

“Trade Dispute” any dispute between (i)Employers and workers(ii)Between workmen and workmen(iii) between employers and employersWhich is connected with the employment and

non-employment, or the condition of the labor.

“Workmen” all persons employed in trade or industry.

Cont…“Trade Union” combination, whether

temporary or permanent, formed(i) for the purpose of regulating the relations

between (a) workmen and employer (b) workmen and workmen (c) employer and employer.

(ii) For imposing restrictive conditions on the conduct of any trade or business.

2. REGISTRATION OF TRADE UNIONsection 4: Mode of Registration

At least 7 members should be present for an application

It should in a prescribed form ,fees and should be

registered under the Registrar of Trade Unions

Should be accompanied by a copy of the Rules of TU

Certificate of Registration is issued as soon as TU has

been duely registered under the Act

Section 5: Application for registrationApplication for registration of a Trade Union shall be made to the Registrar and shall be accompanied by:

copy of the rules of the Trade Union

statement of the following particulars, namely:- The names, occupations and addresses of the members making the

application. The name of the Trade Union and the address of its head office.

Where a Trade Union has been in existence for more than one year before the making of an application for its registration it needs to submit a statement of the assets and liabilities held by it.

Section 9: Certificate of Registration

The Registrar registering a Trade Union under Section 8, shall issue a certificate of registration which shall be conclusive that the Trade Union has been duly registered under this Act.

3. Cancellation of Registration (Section 10)A certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar:

On the application of the Trade Union

If the Registrar is satisfied that the certificate has been obtained by fraud or mistake

4. RE- REGISTRATION OF A TUSection(11 and 11A)

5. Incorporation of registered Trade Unions (sec 13)

Every registered Trade Union:

shall be a body corporate by the name under which it is registered

shall have perpetual succession and a common seal

power to acquire and hold both movable and immovable property

it can, by the said name sue and be sued.

1) Maintain General Funds of the registered Trade Union:

a) Payment, salaries, allowances and expenses to the office –bearer.

b) Payment of expenses for administration including audit of funds of TU.

c) The conduct of Trade disputes.d) Compensation to members for loss arising due

to disputes.e) Allowances to members or their dependents

on account of death, old age, sickness, accidents etc.

f) Provision of educational, social or religious benefits for members or their dependents.

2) Maintenance of the political fund: such funds generally collected by donations, subscription or the interest earned on investment. Such funds can be used for any of the following purposes: a) the registration of electors b) Holding of political meetings of any kind.c) The maintenance of any member of the legislative body under the Constitution or any local body.d) Payment of any expenses incurred, either directly or indirectly, by a candidate for election.

7 (a)•Immunity from Criminal Liability•Immunity from punishment for Criminal conspiracy(section 17)7(b)•Immunity from civil suits (sec 18)•Immunity from Tortious Act(sec 18(2))•Enforceability of agreement(sec 19)•The right of inspect the books of TU(sec 20)•Right of minor to membership of TU(sec 21)•Change of name(sec 23)

AMALGAMATION: 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 favor of the proposal. Notice of the amalgamation shall be sent to the Registrar

9. SUBMISSION OF RETURN

The TU Act empowers the appropriate govt. to make regulations for the purpose of carrying into effect the provision of the Act.This delegated power is to be exercised by the appropriate govt without effecting the general power granted under the Act.

•Trade union leadership•Multiple Unions •Union Rivalry•Finance• problem of recognition•Other problemsilliteracyUneven growthLow membershipLack of interest

•Strong leader able and willing to fight for what they believe is right for the firm.

•Union should be a honest union , integrated, formation of policies etc.

•Union must look beyond its horizons. It must fulfill its proper role in life of nation and the community in which it lives.

•Development of sound TU education

•They should promote the welfare programmes for their members like health, literacy cultural activities.