What is a trade union?
A trade union is a group of workers or employees intending to maintain employee’s rights and ensure that they are not discriminated against.
The main objectives of a trade union are –
- Creating cooperation between mill owners and labour
- Developing a spirit of cooperation among labour
- Protecting the rights of labour.
- Helping the labour at time of difficulty
- Providing fair remuneration to labour.
- Improving the working conditions of labour.
- Increasing bargaining power of labour.
- Making economic, social, cultural, and moral progress of employees.
What is the Trade Union Act 1926?
Before the rise of industrialization, there was an informal agreement between labor and employers, which did not require any specific administration to manage their relationship. However, with the introduction of mechanization, the intimate relationship between labor and employers was lost, and the importance of their connection faded away. This situation did not affect the higher positions, as employees continued to work peacefully and enjoy their rights. However, the lower class of laborers who depended solely on their wages were exploited by their managers, and their rights were ignored. This led to the development of the Trade Union Act of 1926, which aimed to address this irreconcilable situation and bring relief to the suffering laborers.
Development of trade union in India
Labour legislation in India has played a pivotal role in shaping the country’s industrial relations. The primary objective of labour legislation in India has been to establish social justice and promote fair labour practices in the country.
The International Labour Organization (ILO) has been instrumental in setting global labour standards and promoting social justice. The establishment of ILO further emphasized the need for well-framed labour legislation in India. India’s participation in ILO has helped the country to adopt international labour standards and promote social justice for its workers.
Several internal factors like the Swaraj movement of 1921-24, which sought to achieve self-governance for India, and the Royal Commission on Labour, which aimed to improve working conditions for Indian workers, paved the way for the development of labour laws in India. These factors also encouraged the framers of the Indian Constitution to incorporate such labour laws in the constitution, making it a fundamental right of every worker in India.
Under the Indian Constitution, labour is a concurrent subject, meaning that the central and state governments can create laws regarding the development of labour. The central government has enacted several labour laws like the Factories Act, Industrial Disputes Act, and Trade Union Act, while the state governments have enacted laws like the Minimum Wages Act and the Payment of Wages Act.
In conclusion, the development of labour legislation in India has been a continuous process, with the objective of promoting social justice, fair labour practices, and protecting the rights of workers. The Indian government has been committed to this cause and has enacted several laws to ensure the welfare of its workers.
Important provisions of Act
The Trade Union Act of 1926 is a significant piece of legislation in India that governs the formation, regulation, and rights of trade unions. Here are some of the important provisions of the Trade Union Act, 1926:
1. Registration of Trade Unions (Section 3-14):
– Application for Registration (Section 4): Any seven or more members of a trade union can apply for registration by submitting the prescribed form to the Registrar of Trade Unions.
– Provisions to be Contained in the Rules of a Trade Union (Section 6): The rules of a trade union seeking registration must include provisions for the name of the union, objectives, membership criteria, election of office bearers, and usage of funds.
– Certificate of Registration (Section 9): Upon satisfactory compliance with the requirements, the Registrar issues a certificate of registration, which acts as conclusive evidence that the trade union has been duly registered.
2. Rights and Liabilities of Registered Trade Unions (Section 15-28):
– Immunity from Civil Suit (Section 17): Registered trade unions are immune from certain civil and contractual liabilities for acts done in furtherance of a trade dispute.
– Criminal Conspiracy (Section 18): Office bearers and members of registered trade unions are protected from prosecution for conspiracy when performing acts in contemplation or furtherance of a trade dispute.
3. Rights of Minors (Section 21):
– Membership of Minors: Persons aged 15 and above can become members of a registered trade union, but they cannot be office bearers until they reach the age of 18.
4. Rights of Office Bearers (Section 22-23):
– Eligibility to be Office Bearer (Section 22): At least half of the office bearers of a registered trade union must be persons actually engaged or employed in an industry with which the trade union is connected.
– Disqualification for Office Bearer (Section 21-A): Persons convicted of certain offenses involving moral turpitude are disqualified from being office bearers unless a period of five years has elapsed since their conviction.
5. Funds of the Trade Union (Section 15):
– Utilization of Funds: The funds of a registered trade union can be used for prescribed purposes such as payments of salaries, allowances, administrative expenses, legal expenses, and welfare activities of members.
6. Amalgamation and Dissolution of Trade Unions (Section 24-27):
– Amalgamation (Section 24): Two or more registered trade unions may amalgamate into one, following the procedures and obtaining the necessary votes from their members.
– Dissolution (Section 27): When a registered trade union is dissolved, notice of dissolution must be sent to the Registrar within 14 days of the dissolution.
7. Penalties (Section 31-32):
– Failure to Submit Returns: Penalties are imposed for failure to submit annual returns or for providing false statements in applications for registration.
– Other Offenses: The Act also prescribes penalties for offenses like willful destruction or falsification of trade union documents.
These provisions collectively aim to facilitate the formation and functioning of trade unions while ensuring accountability and transparency in their operations.
Conclusion
The Trade Union Act of 1926 plays a pivotal role in shaping labor relations in India. Its provisions ensure that workers have the right to form and join trade unions, promoting collective bargaining and protecting their interests. The Act provides a legal framework for the registration, rights, and obligations of trade unions, thereby fostering organized labor movements and contributing to industrial peace. By granting certain immunities and outlining the proper utilization of funds, it encourages the responsible functioning of trade unions. Overall, the Trade Union Act of 1926 strengthens the voice of workers, enabling them to advocate for fair treatment and improved working conditions, which is essential for balanced and equitable industrial growth.
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