This article is written by Aastha Jha, an intern at Legal Vidhiya
ABSTRACT
Trade unions have been a crucial part of the labour force for decades, advocating for workers’ rights and ensuring fair treatment. The process of registering a trade union varies from country to country, and this paper aims to explore the different modes of registration used worldwide. The research analyses the advantages and disadvantages of each mode and provides insights into how different modes of registration impact trade unions’ effectiveness. The study also considers the legal framework surrounding trade union registration and how it affects workers’ rights. By examining various modes of registration, this research paper aims to provide policymakers with information to make informed decisions when implementing trade union registration policies
Keywords- trade unions, labour, mode of registration, workers
INTRODUCTION
By the end of 1925, the number of trade unions had grown significantly. They sought the protection of employees’ rights as well as a mechanism for resolving and preventing workplace disputes. This Act legalized the freedom to form and organise unions, allowing employees to form trade unions.
The act defined the procedure, formation, prerequisites for trade union registration, advantages of the procedure, advantages of registration, and immunities granted to union leaders from civil and criminal laws for the actions of a registered trade union. Trade unions have played a crucial role in protecting workers’ rights and advocating for better working conditions throughout history. The formation and recognition of trade unions are essential in ensuring that workers have a voice in the workplace and can negotiate with employers for fair compensation and treatment. The mode of registration of trade unions is a critical factor in determining their effectiveness, legitimacy, and ability to represent workers’ interests. This research paper will explore the different modes of registration of trade unions and their advantages and disadvantages. The paper will examine mandatory registration, voluntary registration, and dual registration, and analyse how each mode affects the formation, recognition, and functioning of trade unions. This research paper aims to contribute to the understanding of the mode of registration of trade unions and its impact on workers’ rights and interests. The findings of this paper can inform policies and practices aimed at promoting the formation and recognition of strong and effective trade unions, ultimately benefiting workers and society as a whole.
RESEARCH OBJECTIVE
The aim of the Research paper is to analyse the legal framework that governs trade union registration and how it affects employees’ rights. This research paper intends to give policymakers with the knowledge to make educated judgments when establishing trade union registration regulations by examining alternative types of registration.
MODE OF REGISTRATION
The provisions for trade union registration are covered in Chapter II of the Trade Unions Act of 1926. According to section 2 (h) of the Act, a “Trade Union” is any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers, or between workers, restrictive restrictions on the conduct of any trade or activity, , or between employers, or for imposing and includes any federation of workers and employers. of two or more Trade Unions. Hence, the current essay will focus on the most fundamental part of trade unions: trade union registration.
PROCEDURE FOR TRADE REGISTRATION
A registrar is appointed under section 3 to handle the Trade Union registration process. Furthermore, the Appropriate Government is authorised to designate extra and deputy registrars for specific states when the trade union registrar is unable to fulfill the rights and functions. He may exercise the powers and functions of the Registrar within a local boundary as stipulated for this purpose. To conclude, Section 7 addresses the two requirements for registering a trade union.
The conditions are:
- Signatories must be seven or more in number.
- Assuming that the industry employs 100 people or less, whichever is lower.
- Section 4(2) of the act states that any application made under section (1) for the registration of a Trade union cannot be deemed invalid simply because some of the applicants, not exceeding half of the total number of persons, have: Either ceased to be members of the Trade union prior to the registration of the Trade union;
In the case of Tirumala Tirupati Devasthanam In order to control relations between employees and employers, the court decided that any group of employees may register as a trade union under the Act.
APPLICATION FOR REGISTRATION
According to Section 5 of the Act, every application for trade union registration must be presented to the Registrar and must be accompanied by a copy of the Trade Union’s regulations and a declaration of the relevant particulars, namely-
1. The names, occupations, and addresses of the applicants
2. the title, name, age, residence, and occupation of each office-holder as well as the union’s name and the location of its headquarters.
In the case of North Central Railway Employees Sangh and Others the court ruled that only the appropriate statutory entity formed under the Trade Unions Act may assess whether the registration was properly granted or not. Other authorities, such as the police, have no say in this.
POWER TO CALL FOR FURTHER PARTICULARS
According to Section 7 of the Act, the registrar may request additional information in order to convince himself that all of the particulars are in conformity with Sections 5 and 6 of the Act. If a trade union applying for registration has the same name as an existing trade union and the registrar believes that the names are so similar that people may be misled, the registrar shall ask the trade union applying to change the name and refuse to register the trade union until such change is made.
In Inland Seam Navigation Workers’ Union
The workers’ union filed a registration application with the registrar. Nevertheless, the registrar found the application invalid, citing the fact that the objects specified are for all practical purposes.
REGISTRATION REQUIREMENT
The registration process for trade unions typically involves fulfilling certain requirements set by the government or relevant authorities. These requirements can include the number of members needed to form a trade union, the types of industries that can be represented, and the documentation needed to register. Some countries may also require trade unions to renew their registration period to ensure that they are still active and represent the interests of workers.
REGISTRATION FEES
In some countries, trade unions are required to pay registration fees to the government or relevant authorities as part of the registration process. These fees can vary depending on the size and nature of the trade union. Registration fees can be a significant barrier to entry for new trade unions, especially in industries where workers have limited bargaining power.
RECOGNITION
The mode of registration can also affect the recognition of trade unions by employers and the government. In countries where trade unions are well-organized and have strong bargaining power, they may be recognized by employers and the government as legitimate representatives of workers. However, in countries where trade unions are weak or not recognized by the government, workers may face challenges in getting their voices heard and their rights protected.
COLLECTIVE BARGAINING
The mode of registration can also affect the ability of trade unions to engage in collective bargaining. Collective bargaining is the process by which trade unions negotiate with employers to improve working conditions, wages, and benefits for workers. In countries where trade unions are recognized and have the legal right to engage in collective bargaining, they can effectively represent the interests of workers. However, in countries where trade unions are weak or not recognized, workers may have limited bargaining power and struggle to negotiate for better working conditions.
EFFECTIVENESS OF MODE OF REGISTRATION
The method through which trade unions are registered can have a substantial impact on their effectiveness. Voluntary registration allows trade unions to function more freely and advocate workers’ concerns without intervention from the government. This kind of registration also enables trade unions to operate outside of the legal framework, which can be advantageous in instances where labour regulations are insufficient or harsh. Voluntary registration, on the other hand, can contribute to worker fragmentation and under-representation, particularly in industries where employees are dispersed.
Required registration can assist to guarantee that trade unions are well-organized and have the resources they need to effectively represent workers. This registration method also assures that trade unions function inside the legal framework, which can be advantageous in cases when labour laws are appropriate and enforced. Mandatory registration, on the other hand, might create hurdles to entry for new trade unions, particularly in nations where the government has a monopoly on the registration procedure.
The benefits of both voluntary and required registration can be balanced with hybrid registration. This manner of registration allows trade unions to function freely while yet adhering to the legal framework. Hybrid registration can also provide trade unions more credibility because they are recognised by both employees and the government. Yet, hybrid registration might cause confusion and ambiguity for trade unions since they may not know which form of registration to use.
IMPACT OF MODE OF REGISTRATION ON LEGITIMACY OF TRADE UNION
The manner in which trade unions are registered can also have an influence on their validity. The impression that trade unions represent workers and operate within the legal framework is referred to as legitimacy. Optional registration can damage trade union credibility by allowing them to operate outside of the legal framework and not represent the interests of all employees. Required registration can help trade unions gain credibility since they are recognised by the government and operate inside the legal framework. Since it is recognised by both employees and the government, hybrid registration can provide trade unions more credibility.
CONCLUSION
In conclusion, the mode of registration of trade unions is a crucial factor in determining their effectiveness, legitimacy, and ability to represent the interests of workers. The choice of mode of registration will depend on the specific context and needs of workers and trade unions in each country. This research paper has examined the different modes of registration, including mandatory registration, voluntary registration, and dual registration, and their advantages and disadvantages. It is evident that each mode of registration has its unique features and considerations. The research highlights that mandatory registration can provide trade unions with legal legitimacy, recognition, and protection. However, the process can be complicated, expensive, and time-consuming, which can discourage the formation of new trade unions. In contrast, voluntary registration offers a simple and accessible option, but trade unions may struggle to gain recognition and legal status, which limits their ability to represent workers’ interests. Dual registration allows for a combination of both mandatory and voluntary registration, offering a compromise between accessibility and legal legitimacy. However, this mode of registration can be complex and require more resources. In light of these findings, it is important for governments and trade unions to carefully consider the mode of registration that best suits their needs. The registration process should be transparent, accessible, and fair, allowing for the formation of new trade unions while also protecting workers’ rights and interests. Overall, a careful and strategic approach to registration is necessary to ensure that trade unions can operate successfully and improve the lives of workers.
REFERENCES
https://www.ilo.org/dyn/natlex/docs/WEBTEXT/32075/64876/E26IND01.htm
https://mgcub.ac.in/pdf/material/2020040608242607f9d4d095.pdf
https://indiankanoon.org/doc/1980557/https://www.whatishumanresource.com/the-trade-union-act-1926
https://en.wikipedia.org/wiki/Trade_unions_in_India
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