Tuesday, December 22, 2009

TRADE UNIONS ACT,1926 module 4

IMPORTANT DEFINITIONS

Registrar" means
(i) A Registrar of Trade Unions appointed by the appropriate Government under section 3, and includes an additional or Deputy Registrar of Trade Unions; and
(ii) In relation to any Trade Union, the Registrar appointed for the State in which the head or registered office, as the case may be, of the Trade Union is situated;

Trade dispute
"Trade dispute" means any dispute between employers and workmen or between workmen and workmen, or between employers and employers which is connected with the employment, or non-employment, or the terms of employment or the conditions of labour, of any person, and "workmen" means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises; and

Trade Union
"Trade Union" means 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 employers and employers, or for imposing restrictive condition on the conduct of any trade or business, and includes any federation of two or more Trade Unions;
Provided that this Act shall not affect -
(i) Any agreement between partner to their own business;
(ii) Any agreement between an employer and those employed by him as to such employment; or (iii) Any agreement in consideration of the sales of the goodwill of a business or of instruction in any profession, trade or handicraft.

REGISTRATION

S4•Mode of registration - Any seven or more members of a Trade Union may be subscribing their names to the rules of the Trade Union and by otherwise complying with the provisions of this Act with respect to registration, apply for registration of the Trade Union under this Act.

•S5. Application for registration - (1) Even application for registration of a Trade Union shall be made to the Registrar, and shall be accompanied by a copy of the rules of the Trade Union and a statement of the following particulars, namely:-
•(a) The names, occupations and addresses of the members making the application;
•(b) The name of the Trade Union and the address of its head office, and
•(c) The title, names, ages, addresses and occupations of the of the Trade Union.
(2) Where a Trade Union has been in existence for more than one year before the making of an application for its registration, there shall be delivered to the Registrar, together with the application, a general statement of the assets and liabilities of the Trade Union prepared in such form and containing such particulars as may be prescribed.

Registration - The Registrar, on being satisfied that the Union has complied with all the requirements of this Act in regard to registration, shall register the Trade Union by entering in a register to be maintained in such form as may be prescribed, the particulars relating to the Trade Union contained in the statement accompanying the application for Registration.
Note: This section is mandatory. The Registrar cannot refuse to register a Trade Union if the application for registration complies with the technical requirement as laid down in this Certificate of Registration - The Registrar registering a Trade Union under Section 8, shall issue a certificate of registration in the prescribed form which shall be conclusive that the Trade Union has been duly registered under this Act.

S10. Cancellation of Registration -
A certificate of registration of a Trade Union may be withdrawn o cancelled by the Registrar –
•(a) On the application of the Trade Union to be verified in such manner as may be prescribed, or
•(b) If the Registrar is satisfied that the certificate has been obtained by fraud or mistake, or that the Trade Union has ceased to exist or has willfully and after notice from the Registrar contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with any such provision, or has rescinded any rule providing for any matter, provision for which is required by Section 6:
•Provided that not less than two months previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate shall be given by the Registrar to the Trade Union before the certificate is withdrawn or cancelled otherwise than on the application of the Trade Union.


Rights and liabilities of registered trade unions
•S15. Objects on which general funds may be spent - The general funds of a registered Trade Union shall not be spent on any other objects than the following, namely:-
•(a) The payment of salaries, allowances and expenses to Officers" office bearers of the Trade Union;
•(b) The payment of expenses for the administration of the Trade Union including audit of the accounts of the general funds of the Trade Union;
•(c) The prosecution of defense of any legal proceeding to which the Trade Union or any member thereof is a party, when such prosecution or defense is undertaken for thee purpose of securing or protecting any rights of the Trade Union as such or any rights arising out of the relations of any member with his employer or with a person whom the member employs;
•(d) Thee conduct of trade disputes on behalf of the Trade Union or any member thereof;
•(e) The compensation of members for loss arising out of trade disputes;
•(f) Allowance to members or their dependants on account of death, old age, sickness, accidents or unemployment of such members;
•(g) The issue of or the undertaking of liability under policies of assurance on the lives for members or under policies insuring members against sickness, accident or unemployment;
•(h) The provision of educational, social or religious benefits for members (including the payment of the expenses of funeral or religious ceremonies for deceased members) or for the dependants of members;
•(i) The upkeep of a periodical published mainly for the purposes of discussing questions affecting employers or workmen as such;
•(j) The payment, in furtherance of any of the objects on which the general funds of the Trade Union may be spent, of contributions to any cause intended to benefit workmen in general, provided that the expenditure in respect of such contributions in any financial year shall not, at any time, during that year be in excess of one-fourth of the combined total of the gross income which has up to that time accrued to the general funds of the Trade Union during that year and of the balance at the credit of those funds at the commencement of that year; and
•(k) Subject to any conditions contained in the notification, any other object notified by the [appropriate Government] in the official Gazette.

S16. Constitution of a separate fund for political purposes -
A registered Trade Union may constitute a separate fund for political purposes-
•(a) The payment of any expenses incurred, either directly or indirectly, by a candidate or prospective candidate for election as a member of any legislative body constituted under [Note: Deleted by Act 42 of 1960] the Constitution or of any local authority, before, during or after the election in connection with his candidature or election; or
•(b) The holding of any meeting or the distribution of any literature or documents in support of any such candidate or prospective candidate; or
•(c) The maintenance of any person who is a member of any legislative body constituted under the Constitution or for any local authority; or
•(d) The registration of electors or the selection of a candidate for any legislative body constituted under the Constitution or for any local authority; or
•(e) The holding of political meetings of any kind or the distribution of political literature or political documents of any kind.
No member shall be compelled to contribute to the fund constituted under sub-section (2), and a member who does not contribute to the said fund shall not be excluded from any benefits of the Trade Union, or placed in any respect either directly or indirectly under any disability r at any disadvantage as compared with other members of the Trade Union (except in relation to the control of management of the said fund) by reason of his contributing to the said fund; and
contribution to the said fund shall not be made a condition for admission to the Trade Union.
PRIVELEGES GIVEN TO TRADE UNION
•S17. Criminal conspiracy in trade disputes - No officers or members of a registered Trade union shall be liable to punishment under sub-section (2) of Section 120-B of the Indian Penal Code, in respect of any agreement made between the members for the purpose of furthering any such object of the Trade Union as is specified in Section 15 unless the agreement is an agreement to commit an offence.

•18. Immunity from civil suit to certain cases - (1) No suit or other legal proceeding shall be maintainable in any Civil Court against any registered Trade Union or any or member thereof in respect of any act done in contemplation or furtherance of a trade dispute to which a member of the Trade Union is a party on the ground only that such act induces some other person to break a contract of employment, or that it is in interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital of his labour as he wills.
•(2) A registered Trade Union shall not be liable in any suit or other legal proceeding in any Civil Court in respect of any tortuous act done in contemplation or furtherance of a trade dispute by and agent of the Trade Union if it is proved that such person acted without the knowledge of, or contrary to, express instructions given by the executive of the Trade Union

Rights of minors to membership of Trade Union -
Any person who has attained the age of fifteen years may be a member of registered Trade Union subject to any rules of the Trade Union to the contrary, and may, subject as aforesaid, enjoy all the rights of a member and execute all instruments an give all acquaintances necessary to be executed or given under the rules:

21A. Disqualification of office bearers of Trade Union -
(1) A person shall be disqualified for being chosen as, and for being a member of the executive or any other office-bearer or registered Trade Union if-
•(i) He has not attained the age of eighteen years;
•(ii) He has been convicted by a Court in India of any offence involving moral turpitude and sentenced to imprisonment, unless a period of five years has elapsed since his release.
•(2) Any member of the executive or other office-bearer of a registered Trade Union who, before the commencement of the Indian Trade Union (Amendment) Act, 1964, has been convicted of any offence involving moral turpitude and sentenced to imprisonment shall on the date of such commencement, cease to be such member or office-bearer unless a period of five years has elapsed since his release before the date].

•Dissolution -
(1) When a registered Trade Union is dissolved, notice for the dissolution signed by seven members and by the Secretary of the Trade Union shall, within fourteen days of the dissolution, be sent to the Registrar and shall be registered by him if he is satisfied the dissolution has been effected in accordance with the rules of the Trade Union, and the dissolution shall have effect from the date of such regulation.
•(2) Where the dissolution of a registered Trade Union has been registered and the rules of the Trade Union do not provide for the distribution and funds of the Trade Union on dissolution, the Registrar shall divide the funds amongst the member in such manner as may be prescribed.

Supplying false information regarding Trade Union -
Any person who, wit intent to deceive, gives to any member of a registered Trade Union or to any document purporting or applying to become a member of such Trade Union, any document purporting to be a copy of the rules of the Trade Union or of any alterations to the same which he knows, or has reason to believe, is not a correct copy of such rules or alterations as are for the time being in force, or any person who, with the like intent gives a copy of any rules of an unregistered Trade Union to any person on the pretence that such rules are the rules of a registered Trade Union, shall be punishable with fine which may extend to two hundred rupees.

•Cognizance of offence -
(1) No court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence under this Act.
•(2) No court shall take cognizance of any offence under this Act unless complaint thereof has been made by or with the previous sanction 32, by the person to whom the copy was given, within six months of the date on which the offence is alleged to have been committed.

Monday, December 21, 2009

INDUSTRIAL RELATIONS

module1

INDUSTRIAL RELATIONS
An industrial relations system consists of the whole gamut of relationships between employees and employees and employers which are managed by the means of conflict and cooperation.A sound industrial relations system is one in which relationships between management and employees (and their representatives) on the one hand, and between them and the State on the other, are more harmonious and cooperative than conflictual and creates an environment conducive to economic efficiency and the motivation, productivity and development of the employee and generates employee loyalty and mutual trust.



Actors in the IR system:


Three main parties are directly involved in industrial relations:


Employers: Employers possess certain rights vis-à-vis labors. They have the right to hire and fire them. Management can also affect workers’ interests by exercising their right to relocate, close or merge the factory or to introduce technological changes.


Employees: Workers seek to improve the terms and conditions of their employment. They exchange views with management and voice their grievances. They also want to share decision making powers of management. Workers generally unite to form unions against the management and get support from these unions.


Government: The central and state government influences and regulates industrial relations through laws, rules, agreements, awards of court ad the like. It also includes third parties and labor and tribunal courts.


CHARACTERISTICS OF INDUSTRIAL RELATIONS
•Employer- employee interactions
•Web of rules.
•Multidimensional: Factors influencing Industrial relations:
1.Institutional factors.
2.Economic factors.
3.Technological factors.
•Dynamic and changing.
•Spirit of compromise and accomodation.
•Government’s role.
•Wide scope.
•Interactive and consultative in nature.

ESSENTIAL CONDITIONS
Certain conditions should exist for the maintenance of Industrial relations.
•Strong, well organised and democratic employees’ unions.
•Strong and organised employers’ unions.
•Spirit of collective bargaining and willingness to resort to volutary negotiations.
•Maintenance of industrial peace.

SIGNIFICANCE OF INDUSTRIAL RELATIONS
In good industrial relations, both labour and management realise their mutual obligations towards each other and resort to actions that promote harmony and understanding. Following benefits accrue from such a productive relationship:
•Industrial peace.
•Industrial democracy.
•Improved productivity.
•Benefits to workers.

INDUSTRIAL PEACE


The harmonious relation prevailing in the industry The impact of good industrial relations on production may be seen from the following facts:


1. Reduces Industrial disputes: Good industrial relations reduce the industrial disputes. Disputes are reflections of the basic human urges or motivations to secure adequate satisfaction or expression which are fully cured by good industrial relations. Strikes, lock-outs, go slow tactics, gherao and grievances are some of the reflections of industrial unrest which do not spring up in an atmosphere of industrial peace. It helps promoting co-operations and increasing production.

2. High Morale: Good industrial relations improve the morale of the employees. Employees work with great zeal with the feeling in mind that the interest of employer and employees is one and the same i.e. to increase production. Every worker feels that he is a co-owner of the industry. The employer in his turn must realize that the gains of industry are not for him alone but they should be showed equally and generously with his workers. In other words, complete unity of the thought and action is the main achievement of industrial peace of workers int the society and their ego is satisfied. It naturally affects production, because a mighty co-operative efforts alone can produce great results.

3. Mental Revolution: The main object of industrial relations ins a complete mental revolution of workers and employers. The industrial peace lies ultimately in a transformed outlook on the part of both. It is the business of leadership in the ranks of workers employees and government to work out a new relationship in consonance with a spirit of true democracy. Both should think themselves as a partners of the industry and the role of worker in such a partnership should be recognized. On the other hand,workers must recognize employer authority. It will naturally have impact on production because they recognize the interest of each other.

4. New Programmes: New programmes for workers development are introduced in an atmosphere of peace such as training facilities, labour welfare facilities etc. It increases the efficiency of workers resulting in higher and better production at lower costs.

5. Reduced Wastage: Good industrial relations are maintained on the basis of co-operation and recognition of each other. It will help increase production. Wastages of man material and machines and reduced to the minimum and thus national interest is protected. Thus form the above discussion it is evident that good industrial relations is the basis of higher production with minimum cost and higher profits. It also results in increased efficiency o workers. New and new projects are introduced for the welfare of he workers and to promote the morale of the people at work

INDUSTRIAL UNREST /INDUSTRIAL DISPUTE
•Industrial unrest is the term used to describe activities undertaken by the workforce when they protest against pay or conditions of their employment. Actions may include strikes, lockouts etc.
•Industrial Dispute: Constitutes of organised protest against existing industrial conditions. The dispute must pertain to work related issues.
•Causes:
1.Employment.
2.Nationalisation.
3.Administrative related causes.
4.Political causes.
5.Psychological/ Social causes.
INDUSTRIAL DISCIPLINE
“Discipline should be viewed as a condition within an organisation whereby employees know what is expected of them in terms of organisation’s rules, standards and policies and what the consequences are of infraction.’ Rue & Byars.
To maintain harmonious relations and promote industrial peace, a Code of Discipline has been laid down by the 15th Indian Labour Conference in 1957, which applies to both public and private sector enterprises. The code aims at preventing disputes by providing for voluntary and mutual settlement of disputes through negotiations without interference of outside agency. It specifies various obligations for the management and the workers with the objective of promoting cooperation between their representatives .

6th semester INDUSTRIAL RELATIONS & LABOUR LAWS

INDUSTRIAL RELATIONS & LABOUR LAWS

Course Objectives
The objective of the course is to acquaint student’s with the origin and importance of Labour laws governing general functioning of employees in an organisation .And also to educate student with the important provisions under these laws .This will enable them to develop the right perspective of this delicate responsibility to deal with union constructively and to maintain industrial democracy.


Course Contents:


Module I: Basic Concepts
Industrial Relations, Industrial Peace, Industrial unrest and Industrial Discipline

Module –II: Laws Relating to Industry
The factories Act, 1948 - Definition - Approval licensing and registration of factories - Notice by occupier, Health, and welfare measures - weekly holidays. Leave with wages, Employment of women and young person - Penalties and returns.
The Industrial Disputes Act, 1947 - Definition - Persuasive, conciliation and voluntary process for the settlement of industrial disputes - power of the Govt. under ID Act - Instrument of economic coercion - Strike & lock out, Lay off Retrenchment, Transfer and closures - Discharge and Dismissal - Managements prerogative during pendency of proceeding

Module III: Laws Relating to Remuneration
The Payment of Wages Act, 1936 - Definition - Rules for payment of wages and deductions from wage.
The Minimum Wages Act 1948 - Fixing of minimum wages, Procedure for raising minimum wage - Concept of living wages, Fair wage and minimum wage.
The Employees State Insurance Act 1948 - Definition - Applicability of the Act - Insurable workmen - Contribution Benefit - Penalties.
The Employees Provident Fund and Miscellaneous Provisions Act, 1952 and Employees family pension scheme - definition - Coverage of the organization and employees under the Act - Employees Provident Fund and pension fund scheme - Calculation of contribution withdrawal of Provident Fund amount - Penalties for offence.
The Payment of Gratuity Act, 1972 - Definition - Scope and Coverage of the Act - Eligibility criteria - Calculation of Gratuity Nomination.
The Payment of Bonus Act 1965 - Applicability of Act - Coverage of employee - Calculation of bonus Rate of Payable bonus - available surplus - allocable surplus.

Module IV: Laws Relating to Trade Union
The Trade Union Act 1926. Statutory Definition - Registration of TU Immoduley granted to Registered Trade Union - Recognition of TU.

Module V: Compensation and Insurance
The workmen's compensation act 1923 - Definition - Rules regarding workmen's compensation - Defense available to employer and employees, E.S.I.C. Act, 1948, The Maternity Benefit Act 1961

Module VI: Misc Acts
The Industrial Employment (standing order) Act 1946 - Scope and coverage of the Act - Concept of standing order - its certification process - Modification - interpretation and enforcement of standing orders.

6th semester INDUSTRIAL RELATIONS & LABOUR LAWS