EMPLOYEE’S RIGHT TO UNION

By,Dhanya N. Menon

Pigors and Myers write:

"Unionism springs from the basic aspirations of those employees who become convinced that they can gain more through membership in a union than by going at it alone."

• Good staff relations

• Effective negotiations

• Redressing the employee grievance

• Improve employee welfare

• Pressurize the authorities to become liberal

• Better security, liberty and courage

ORIGIN OF THE RIGHT

• Constitution of India

• Fundamental Right: Article 19(1)(c)

• Right to form association to all citizen

• Subject to restriction

LABOUR CLASSIFICATION• The Indian labor markets consist of 3

sectors:- The rural workers, who constitute about 60%

of the workforce.

- Organized sector, which employs 8 % of workforce, and

- The urban informal sector which constitutes the rest 32% of the workforce

• At present there are twelve Central Trade Union Organizations in India

OBJECTIVES OF EMPLOYEES UNIONS

• To acquaint the authorities with the point of view of the employees

• To provide an opportunity to the authorities to know the opinion of the employees on any given issue.

• The organization belongs to the employees

• The associations meet the social expectations of the members

TRADE UNIONS – Formed to protect and promote the

interests of their members

– Primary function is to protect the interests of workers against discrimination and unfair labor practices

HISTORY-TRADE UNIONISM IN INDIA

• generally divided on political lines

• trade unions had a combined membership of 24,601,589 (Approximately)

• 11 Central Trade Union Organizations

Contd…

• Indian trade union movement - divided into three phases.

• The first phase (1850 to1900)- inception of trade unions took place- the working and living conditions of

the labor were poor - working hours were long- wages were also low - Indian Factories Act was enacted in

1881- employment of child labor was

prohibitedContd…

• The second phase (1900 to 1946)- development of organized trade

unions & political movements of the working class

- In 1920, the First National Trade union organization (The All India

Trade Union Congress) was established.

- In 1926, Trade union law came up

- During 1928, All India Trade Union Federation was formed.

Contd…

• The third phase in 1947-1949: 4 central trade union

organizationsThe All India Trade Union Congress,

The Indian National Trade Union Congress,

The Hindu Mazdoor Sangh, andThe United Trade Union Congress

- The working class movement was politicized

INTUC: trade union arm of the Congress Party

AITUC: trade union arm of the Communist Party of India

- Besides workers supervisors and managers are also organized by the trade unions

Trade Union: Section 2(h)• Any combination - temporary or

permanent• Formed primarily for the purpose of

regulating the relations between:workmen and employers workmen and workmen employers and employers

• Or for imposing restrictive conditions on the conduct of any trade or business

• includes any federation of two or more trade unions

TRADE UNION - OBJECTIVES

– Representation (Workers’ Interests)

– Negotiation (Collective Bargaining)

– Voice in decisions (Lay off, Retrenchment) affecting workers

– Member Service (Education, Training, Welfare, Discounts, Loans)

IMPORTANCE OF TRADE UNIONS

FOR INDUSTRIAL PEACE•Decisions taken through the process of collective bargaining and negotiations between employer and unions are more influential •Effective communication between the workers and the management •Settlement of Industrial Dispute in rational manner •Greater Bargaining Power/Platform for self expression •Minimize Discrimination •Sense of Security •Sense of Belongingness/ Sense of Participation

September 2009: Whether an employee of the Jet

Airways has the right to organize an union or not?

The constitution, under Article 19 (1) (C) grants

fundamental right to all citizens to form associations or

unions. The constitution does not restrict this right to a

workman as had been claimed by Jet Airways.

Tirumala Tirupati Devasthanam v. Commissioner of Labour (1995) Supp(3) SSC 653

Any group of employee may be registered as a trade union under the Act.