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Introduction. The main elements in the development of trade unions of workers in every country have been more or less the same.
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Introduction • The main elements in the development of trade unions of workers in every country have been more or less the same. • The setting up of large-scale industrial units, created conditions of widespread use of machinery, new lines of production, and brought about changes in working and living environment of workers, and concentration of industries in large towns. • It was this labour protest on an organized scale, through the support of some philanthropic personalities, that organized labour unions came to be formed
Definition Trade union is an association either of employees or employers or of independent workers. It is a relatively permanent formation of workers. It is not a temporary or casual combination of workers. It is formed for securing certain economic, social benefits to members. Collective strength offers a sort of insurance cover to members to fight against irrational, arbitrary and illegal actions of employers. Members can share their feelings, exchange notes and fight the employer quite effectively whenever he goes off the track.
There are some 164 million trade-union members worldwide, making trade unions the world's largest 'social movement' by far. Even so, it represents little more than 1-in-20 of the world's 3 billion-plus workers. The rest often go unrepresented.
In India the Trade Union movement is generally divided on political lines. According to provisional statistics from the Ministry of Labour, trade unions had a combined membership of 24,601,589 in 2002. As of 2008, there are 11 Central Trade Union Organisations (CTUO) recognised by the Ministry of Labour.
At present there are twelve Central Trade Union Organizations in India: All India Trade Union Congress (AITUC) BharatiyaMazdoorSangh (BMS) Centre of Indian Trade Unions (CITU) Hind MazdoorKisanPanchayat (HMKP) Hind MazdoorSabha (HMS) Indian Federation of Free Trade Unions (IFFTU) Indian National Trade Union Congress (INTUC) National Front of Indian Trade Unions (NFITU) National Labor Organization (NLO) Trade Unions Co-ordination Centre (TUCC) United Trade Union Congress (UTUC) and United Trade Union Congress - Lenin Sarani (UTUC - LS)
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
Employer Issues and Trade Union Action!! ISSUES • Sexual Harassment • Repetitive Strain Injury • Hearing Loss • Bullying • Discrimination • Working Hours, Condition and Pay ACTION • Overtime Ban • Work-To-Rule • Go Slow • Strike
How members can participate in their Trade Union • Vote for union officials • Attend union meetings • Take part in action • Pay union membership • Vote on taking action e.g. secret ballots
Functions Of Trade Unions 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
Reasons For Joining Trade Unions 1. Greater Bargaining Power 2. Minimize Discrimination 3. Sense of Security 4. Sense of Participation 5. Sense of Belongingness 6. Platform for self expression 7. Betterment of relationships
Union Problems Trade union leadership Uneven growth: Small size of unions: Financial Weakness: Multiplicity of Trade Unions and rivalries(Powerful political parties have established their own trade unions with the intention of spreading their political power) Union opposition Leadership issues Political involvement in unions
Other problems illiteracy Uneven growth Low membership heterogeneous(mixed) nature of labour Lack of interest Absence of paid office bearers
RIGHTS Recruit new members Ask about changes in wages/conditions Take industrial action to protect members e.g. strike. RESPONSIBILITIES Not put pressure on people to join Not make unreasonable demands or threats Hold secret ballot, inform employers, take action peacefully Trade Union Rights and Responsibilities.
PROCEDURE OF REGISTRATION OF TRADE UNION • 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
As per Section.6 of the Trade Union Act, a trade union cannot be registered unless it adheres to the provisions of the Act. Here are some mandatory rules to be satisfied by a trade union to be eligible for registration: • Name of the Trade Union. • Objectives of its establishments • The lawful purpose of spending the general funds • Maintenance of list of members, sufficient facilities for its scrutiny by the office bearers and union members. • Payment of monthly membership fee of 25 paise • Safe custody of funds • Conduction of annual audits
Legal Aspect of Cancellation or Withdrawal of Registration • The Registrar is authorized to withdraw or cancel the registration of a trade union. • The process of cancellation or withdrawal of registration of a trade union is regulated by Section 10 of the Trade Union Act Section 10 (b) provides various grounds on which the registration of a trade union may be withdrawn by the Registrar. Few such grounds are: • The certification of registration was acquired by fraudulent means or by mistake. • If the trade union does not exist anymore. • There is an intentional violation of rules or provisions provided by the Trade Union Act. • If a rule, which is against the provisions of the Act, is still in force.
What causes industrial disputes? • Pay disputes • Working conditions • Unfair dismissals • Promotion • Poor industrial relations • Introduction to new technology • Discrimination
What are the consequences of industrial relations conflict for a business Industrial relations conflict can affect the business in the following way. • Reduced productivity, increased costs • Loss of profits • Damage to public image • Difficulty in recruiting & keeping staff • Wasted time and energy
What action can the employee/employer take in an industrial conflict? Getting Legal Approval Before organising a strike or any other form of industrial action a trade union must follow the rules set out in the Industrial Relations Act 1990. This states that “a union cannot organise a strike or any other industrial action without getting members majority approval”
Official disputes are ones which have received the approval of workers in a secret ballot and are confirmed by the ICTU. The union must them decide the type, the timing of the industrial action. • wildcat or lightning strike is an unofficial dispute where no advance notice is given to management
Deciding on the action to take • Token stoppages involve employees stopping work for a short period of time to demonstrate their feeling to management • Work to rule is where employees refuse to undertake any work outside the terms of their employment contract • A go slow occurs when employees carry out the minimum amount of work they can get away without their basic pay • All out strike means employees stop working and leave the premises
Picketing involves walking up and down outside the work place indicating a strike is in processFeb 2009 – public sector workers in Ireland picketing outside their employers premises
How can an employer respond to strike Some employers may attempt a lock out to break the strike. This can occur when an employer locks out or suspends employees during an industrial dispute. This is seen as trying to break the strikers morale. A more reasonable approach is to start negotiating a settlement with those involved. This may result in talks between employees unions and employers. If unresolved it may lead to help from the LRC or failing that the Labour Court
5. How an industrial relations conflict between employees/employers can be resolved
What is the LRC? THE Labour Relations Commission was established to assist in settling disputes and to promote good industrial relations. The LRC provides the following services .
7.The Labour Court The Labour Court is a court of last resort in industrial disputes: Functions of the Labour Court 1)To resolve disputes that the LRC feel that they cannot sort out 2)To resolve any conflict that LRC feel they cannot investigate 3) To resolve disputes that are referred to by minister of employment /enterprise 4)To resolve disputes of exceptional circumstances
9. Role of the (EAT) Employment Appeal Tribunal The EAT is responsible for ensuring that firms obey the Unfair Dismissals Act 1977-93. It investigates any disputes between employees/employers concerning sackings, redundancy. Note: Compensation must be paid to employees up to a maximum of two years if a firm is guilty of unfair dismissals