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As a result, employment of child labour was prohibited. Mr. N M Lokhande organized people like Rickshawalas etc., prepared a study report on their working conditions and submitted it to the Factory Labour Commission. The Indian Factory Act of 1881 was amended in 1891 due to his efforts. Guided by educated philanthropists and social workers like Mr. Lokhande, the growth of trade union movement was slow in this phase. Many strikes took place in the two decades following 1880 in all industrial cities. These strikes taught workers to understand the power of united action even though there was no union in real terms. Small associations like Bombay Mill-Hands Association came up.
World War 1st Influence of Political Leaders The International Labour Organisation The Russian Revolution The Trade Union Act
Limited Representation Small Size And Increasing Number Multiplicity Of Unions Inter-union And Intra-union Rivalries
Political Infiltration
Outside Leadership Meagre Funds Low Income Illiteracy Lack Of Integrity Unhealthy Attitude Of Employers
Trade union in India are regulated by the Indian Trade Unions Act, 1926 amended from time to time. The trade union act lays down the procedure for the registration of trade unions and their rights and liabilities.
Any 7 or more members of a trade union may, by subscribing their names to the rules of the trade un ion and otherwise complying with the provisions of this act with respect to registration, apply for the registration of the trade union under this act. Every application for the 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 provide all other particulars required by the act.
The act lays down the rights and liabilities of registered trade unions. Some of the important rights and liabilities of registered unions are:
The general funds and political funds of a registered union shall not be spent on any other objects than those specified in the act. No office-bearer or member of a registered trade union shall be liable to punishment under sub-section (2) of section 120-B. No suit or other legal proceeding shall be liable maintainable in any civil court against any registered trade union or any officebearer or member thereof in respect of any act done in contemplation.
The accounts books of a registered trade union and the list of members thereof shall open to any inspection by an office bearer.
A person shall be disqualified for being chosen as, and for being a member of, the executive or any other office-bearer of a registered trade union if:
1.
He has not attained the age of 18 years He has been convicted by a court in India of any offence involving moral turpitude and sentenced to imprisonment, unless a period of 5 yrs has elapsed since his release.
2.
Any registered trade union may, with the consent of not less than two-thirds of the total number of its members and subject to the provision of sec-25,change its name.
Any two or more registered union may become amalgamated together as one trade union with or without the dissolution or division of the funds of such trade unions or either or any of them, provided that the votes of at least one-half of the numbers of each or every such trade union entitled to vote are recorded, and that at least 60% of the votes recorded are in favour of the proposal. A registered trade union shall send to the Registrar a properly audited annual statement of all receipts and expenditure in the prescribed form within the prescribed time. A copy of every alteration made in rules of a registered trade union shall be sent to the Registrar within 15 days of making of the alteration.
Section 2(h) of the Trade Unions Act, 1926 has defined a trade union as 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 employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade unions.
Then this definition talks about three relationships. They are relationship between the: Workmen and workmen Workmen and employers Employers and employers.
It is an organisation formed by employees or workers. It is formed on a continuous basis. It is a permanent body and not a casual or temporary one. It is formed to protect and promote all kinds of interests economic, political and social-of its members. The dominant interest with which a union is concerned is, however, economic. It includes federations of trade unions also. It achieves its objectives through collective action and group effort
To improve the economic lot of employees by securing for them better wages.
Militant Functions. One set of activities performed by trade unions leads to the betterment of the position of their members in relation to their employment. The aim of such activities is to ensure adequate wages, secure better conditions of work and employment,
get better treatment from employers, etc. When the unions fail to
accomplish these aims by the method of collective bargaining and negotiations, they adopt an approach and put up a fight with the
Intra-mural activities. These consist of those functions of the unions that lead to the betterment of employment conditions such as ensuring adequate wages and salaries, etc. for which the methods adopted may be collective bargaining, negotiations, strikes, etc.
Extra-mural activities. These activities help the employees to maintain and improve their efficiency or productivity, e.g.,
Lack of education makes the workers narrow-minded, and prevents them from taking long-term views. Thus, anything, which
Trade unions may not welcome rationalization and improved methods of production for the fear that some of the workers will be put out of work. Therefore, they resort to go slow policy that retards industrial progress.
When labor unions strike because of illogical grounds, incalculable losses occur to producers, community and the nation. These are harmful to the workers also. They suffer because of the loss of wages.
They create artificial scarcity of labor by demanding that only union personnel should be employed.
By undue insistence on the payment of standard rates of wages, they have only leveled down the earnings of the efficient workers.
Greater Bargaining Power. The individual employee possesses very little bargaining power as compared to that of his employer. If he is not satisfied with the wage and other conditions of employment, he can leave the job.
Make their Voices Heard. The desire for self-expression is a fundamental human drive for most people. Dont you agree with that? All of us wish to share our feelings, ideas and opinions with others. Similarly the workers also want the management to listen to them.
Sense of Security. The employees may join the unions because of their belief that it is an effective way to secure adequate protection from various types of hazards and income insecurity such as accident, injury, illness, unemployment, etc. The trade union secure retirement benefits of the workers and compel the management to invest in welfare services for the benefit of the workers.
of their fellow workers. They can also discuss their problem with
the trade union leaders.
Plant level Unions: The first level in the structure from below is the plant level union. This comprises the unions in one organisation or
factory. Please note that only seven members are required to form a
union. This has lead to multiple unions in one factory. (We will discuss the details of this aspect in the problems faced by unions in India).
Local Level federations. This is the second level in the structure from below. The local trade union federation holds together the plant level unions at the local level in a particular craft and industry. These local
Uneven Growth. The trade unionism in India is characterised by uneven growth, both industry-wise and area-wise. Trade unions are popular in big industries and the degree of unionisation varies widely from industry to industry. Besides, trade union activities are concentrated in a few states and in bigger industrial centers mainly due to concentration of industries in those places.
Limited Membership. The number of trade unions in India has increased considerably. But this has been followed by the declining membership per union.
Multiplicity of Unions. There exist several trade unions in the same establishment. The multiplicity of unions is the result of outside leadership and labour laws. The law permits and gives sanctity to small unions. Any seven persons can form a union under the Trade Unions Act, 1926. This Act confers rights on such a union. It is allowed under the Act to raise disputes, file suits, go to conciliation and even bargain with employers. Therefore, small sections of workers are encouraged to form separate Unions. There is no restriction on the number of unions to be registered in one
establishment.
Outside Leadership. Trade unions in India are led largely by people who themselves are not workers. These outsiders are politicians, intellectuals and professionals having no experience of work in industry. Outsiders continue to dominate the trade unions to advance their personal interests.
Paid Union Officials: Generally, the trade unions avail the services of the honorary workers due to lack of funds. The practice should be stopped because honorary office bearers cannot do full justice to the task entrusted to them because of
motivational levels will come down unless and until you are a
very passionate or a committed person. The same applies to the officials of the unions. Therefore, paid union officials should be employed who are persons of proven integrity and who are able to evaluate the demands of workers so that they may negotiate with employers on equal footing.
Recognition of Trade Unions. Till recently, the employers refused recognition to the trade unions either on the basis that unions consisted of only a minority of employees or two or more unions existed.
The
main service a union provides for its members is negotiation and representation. There are other benefits people get from being members of trade unions. Negotiation Representation Information and advice Member services
Negotiation Negotiation is where union representatives discuss with management issues which affect people working in an organisation. The union finds out the members' views and relays these views to management. There may be a difference of opinion between management and union members. 'Negotiation' is about finding a solution to these differences. This process is also known as 'collective bargaining'. In many workplaces there is a formal agreement between the union and the company which states that the union has the right to negotiate with the employer. In these organisations, unions are said to be 'recognised' for 'collective bargaining' purposes. Pay, working hours, holidays and changes to working practices are the sorts of issues that are negotiated. People who work in organisations where unions are recognised are better paid and are less likely to be made redundant than people who work in organisations where unions are not recognised.
Representation Trade unions also represent individual members when they have a problem at work. If an employee feels they are being unfairly treated, he or she can ask the union representative to help sort out the difficulty with the manager or employer. If the problem cannot be resolved amicably, the matter may go to an industrial tribunal. Industrial tribunals make sure that employment laws are properly adhered to by employees and employers. They are made up of people outside the workplace who listen to the employer's and the employee's point of view and then make a judgement about the case. People can ask their union to represent them at industrial tribunals. Most cases that go to industrial tribunals are about pay, unfair dismissal, redundancy or discrimination at work. Unions also offer their members legal representation. Normally this is to help people get financial compensation for workrelated injuries or to assist people who have to take their employer to court
Unions have a wealth of information which is useful to people at work. They can advise on a range of issues like how much holiday you are entitled to each year, how much pay you will get if you go on maternity leave, and how you can obtain training at work.
Member services During the last ten years, trade unions have increased the range of services they offer their members. These include: Education and training - Most unions run training courses for their members on employment rights, health and safety and other issues. Some unions also help members who have left school with little education by offering courses on basic skills and courses leading to professional qualifications. Legal assistance - As well as offering legal advice on employment issues, some unions give help with personal matters, like housing, wills and debt. Financial discounts - People can get discounts on mortgages, insurance and loans from unions. Welfare benefits - One of the earliest functions of trade unions was to look after members who hit hard times. Some of the older unions offer financial help to their members when they are sick or unemployed
Better
Wages Better Working conditions Bonus Resist unsuitable schemes Secure welfare Project Interest of workers Social welfare Organisational gowth and stablilty
Greater
Bargaining Power Makes their voice heard Minimise discrimination Sense of security Sense of Participation Sense of Belongingness
Protection Social pressure Compulsion Political beliefs Solidarity Tradition Pay and conditions Communication Health and safety
Lack
of education May not welcome change Strick on Illogical basis Creation of Artificical scanity of labour Undue demands relating to wages
Craft of skills To represent skilled workers e.g. Musicians union Union (MU) Industrial unions To represent the members of one particular industry e.g. Fire Brigades Union (FBU) Unions which recruit workers from all types of industries and with any level or range of skills e.g. Amicus the Manufacturing Science and Finance Union (MSF)
General unions
White-collar unions
Union
Members Shop Stewards (Union Representatives) Branches District and Regional Offices National Office
Trade unions are democratic organisations which are accountable to their members for their policies and actions. Unions are normally modelled on the following structure: Members - people who pay a subscription to belong to a union Shop stewards - sometimes called union representatives - who are elected by members of the union to represent them to management Branches - which support union members in different organisations locally. There is usually a branch secretary who is elected by local members District and/or regional offices - these are usually staffed by full time union officials. These are people who are paid to offer advice and support to union members locally A national office - the union's headquarters which offers support to union members and negotiates or campaigns for improvements to their working conditions. At the top of the organisation there is usually a General Secretary and a National Executive Committee, elected by the union's members.