Q-3: Define Trade Union. What are the requirements for registration of trade union as Had down under the industrial relation ordinance step by step?
Trade Union means any combination of workers formed primarily for the purpose of furthering and defending the interests and rights of workers an any industry or establishment and includes an industry-wise federation of two or more collective bargaining agent union and a federation at the national level often or more collective bargaining agent unions. (Sec.2(10))
An individual worker bargaining power is very poor as compared to the employer. In a collective bargaining trade union prove itself very strong. Trade union ensures the better conditions of work in the industry. It can bargain about the working hours, holidays, bonus, health, medical, education and residential facilities for the workers. It also guides the workers about their rights and duties. Trade union also uses the weapon of strikes to achieve their goals.
What is Trade union [Section 3]
(a) Right of Formation
The right of forming a trade union has been given, under Section 3 of IRO equally both to workers and employers:
(i) Workers shall, without distinction whatsoever, have a right to form a trade union and join a trade union of their choice within the establishment (or industry) they are employed.
(ii) Employers shall, without distinction whatsoever, have a right to form or join an association of their choice.
Trade union is a combination of workers formed primarily for the purpose of furthering and defending the interest and rights of workers and includes industry-wise federation of two or more collective bargaining agents unions and a federation at the national level of ten or more collective bargaining agent unions.
Association means any organization of employers formed primarily for furthering and defending the interest and rights of employers.
RECISTRATION OF TRADE UNION [Section 4]
No trade union can function unless it is registered under the IRO in accordance with the procedure laid down by law.
(b) Registration Application [Section 5]
Any trade union may, under the signatures of its President and General Secretary apply for registration of the trade union under this Ordinance The application for registration shall comply to the following conditions:
(a) Application for registration is to be made in writing and shall be signed by president and general secretary.
(b) Application for registration is to be made to registrar of trade unions.
(c) Application is to be accompanied by:
(i) A statement showing prescribed information.
(ii) Three copies of constitution.
(iii) A copy of resolution of members adopting the constitution duly signed by the chairman of the meeting.
(c) Summarized Registration Procedure
The procedure of registration of a trade union is briefly stated below:
Step 1: Trade union desiring registration should prepare an application in prescribed form, containing prescribed information, enclosing prescribed documents, and signed by the prescribed persons.
Step 2: Application for registration must be accompanied by the prescribed documents, as listed in Section 5 of IRO e.g. statement, constitution, members’ resolution etc.
Step 3: Trade union must draw up its constitution providing prescribed matters as are specified in Section 6(1) of IRO.
Step 4: All members of the trade union must be workmen actually engaged or employed in the same industry with which the trade union is connected.
Step 5: Where there are more than one-registered trade unions in an establishment, the number of members should not be less than one-fifth of the total number of workers employed in such establishment.
(i) A copy of the resolution of the members authorizing the president and secretary to apply for registration.
(ii) In the case of each member union agreeing to become a member of the federation.
(d) Requirements of Statement [Section 5]
Under IRO 5(a) the application for registration of a trade union to be made to the registrar is to be accompanied by a statement showing the following information:
- i. Name and address of trade union,
- ii. Date of formation of trade union.
- iii. Title, name, ages, addresses, and occupations of office-bearer of the trade union.
- iv. Statement of total paid membership.
- v. Name of establishment along with a statement of total number of workers employed therein.
- vi. Names and addresses of other trade unions in the establishment.
- vii. Names, addresses and registration numbers of member trade unions in case application is made by federation.
(e) Requirements of Constitution of Trade Union [Section 6]
The constitution of a trade union applying for registration must, according to Section 6 of IRO, provide for the following matters:
According to Section 6(1) to obtain registration of a trade union under the IRO. The constitution of every trade union shall provide the following matters: –
1. The name and address of the trade union.
2. The objects of the trade union.
3. The purpose for which the general funds of the trader union shall be applicable.
4. The number of persons forming the executive.
5. The conditions under which a member shall be entitled to the benefit under the constitution and shall be liable to a fine or forfeiture.
6. The maintenance of the list of its members and facilities for its inspection by the office bearers and members.
7. The manner, in which the constitution shall be amended, varied or rescinded.
8. The safe custody of funds, annual audit and inspection of accounts books.
9. The manner of dissolution of trade union.
10. The manner of selection of office bearers and term not exceeding 3 years for which an office bearer may hold office upon his election or reelection through secret ballot.
11. The procedure for expressing no confidence on any office bearer of the trade union.
12. The meetings of the executives and the general body of the trade union, so that the executive shall meet at least once in every four months and general body at least once every year.
CERTIFICATE OF REGISTRATION
According to Section 9, the registrar on being satisfied that the requirements of law ha\e been fulfilled, shall register the trade union and issue a certificate of registration within a period of 15 days from the date of receipt of the application. A certificate so issued is conclusive evidence of the fact that the trade union has been duly registered
MAINTENANCE OF REGISTER:
According to Section 8, every registered trade union shall maintain the following registers.
1. A register of members showing particulars of subscriptions paid by each member.
2. An accounts book showing receipt and expenditure.
3. A minute book for recording the proceedings of meetings.