Trade unions Anyone who is employed wants to work in a pleasant environment, be paid decently for what they do, know that they are working in a safe environment, get a fair wage for the work that they do and have a reasonable level of job security. All these interests are represented by workers’ organizations. They exist for a wide range of different occupations and professions, for different sectors and for different sized organizations. In most countries these organizations are called ‘trade union: A brief history of trade unions I is in people's interests to join together in organizations to represent and defend their collective concerns. Examples of people combining together in this way can be found in Europe in the sixteenth century, in Japan and China in the seventeenth, and in India in the eighteenth, Because Great Britain was the first industrialized country it provides an early example of the formation of permanent organizations amongst wage earners. Towards the end of the eighteenth century, as powor machinery began to be used in manufacturing and the factory system of production was introduced, trade unionism started to take root. It developed over the first half of the nineteenth century, chiefly to protect workers in factories and mills from exploitation by unscrupulous owners and bosses. The influence of the unions increased with the numbers of their members, both within individual companies, and as a political force at the national level over the next hundred years. However, in recent times in some sectors and especially in the industrialized countries there thas been a decline in both membership and influence. ‘Case study _ Early trade unionists On 24 February 1834, six farm labourers from the Dorset village of Tolpuddle in England were arrested on a charge of taking part in an ‘illegal oath’ ceremony. dared to form a trade union to defend their livelihood, For this they were sentenced to seven years’ transportation to the penal colonies in Australia. The sentences provoked an immense outery, leading to the granting of free pardons and, after three years, they returned to England, In the eyes of their bosses, however, the real offence was that they hed | J PART 1 Work and partnershipthing to do, and established that isa basic human ere imprisoned, feveloped world, ‘ple can still lose nion (see section in each country ln Germany and ve its own union, ar the American vach business or +3 belong as part Nordic countries, 1 many different one specific trade lied to particular individual trade 1 their behalf, conditions with wney, disciplinary sure that people e avoided; ers who may be gender or race; ding legatadvice, art 3 which deals Trade union centres In many countries, unions combine together to create trade union centres or federations. Such organizations offer greater opportunities for presenting the trade union case to government. Trade union centres often offer training courses for trade unionists and advice on a wide range of issues. Gage study ‘Thal Trades Union Congress. United Klogdom The Trades Union Congress (TUC) in the United Kingdom offers a good | example of a trade union centre. The TUC was established in 1868 and is one of the oldest trade union centres in the world, The TUC has over 70 unions in membership, representing in excess of 7 million workers. itis the largest voluntary organization in the United Kingdom. Its aims include assisting unions in increasing membership and presenting the case for trade unionism to the government and the public. The TUC undertakes a wide range of research on employment-related subjects and provides. training for union members. Working with a wider! European grouping of trade union centres, the TUC attempts to influence the European Union in favour of working people. International cooperation Beyond the national level, trade unions working in the same sector usually belong to international organizations or federations. Unions for road, rail and sea transport workers, for example, belong to the International Transport Federation (ITF), which is the oldest of these international bodies. Education International (El) is the grouping to which teaching unions belong. 1] [Case study Trade unions working globally National trade union centres are also affiliated to international trade |. |union organizations, the largest of which by far is the International Confederation of Free Trade Unions (iCFTU). It was set up in 1949 and has 225 affiliated organizations in 148 countries on all five continents, | with a total membership of 187 million people. It has three major regional organizations, in Asia and the Pacific, in Africa, and the Americas. It also maintains close links with the European Trade Union Confederation (ETUC), which includes all ee work in the world ts at:Fundamental Rights Authorities responsible for the maintenance of law and order to impose {estrictions on the exercise of this right. The reasonableness of such restrictions | wall have to be construed with reference to the conditions prevailing in the - particular locality 2! No sect is entitled to deprive others forever of the right to “Wwe the public streets for processions”? In affording public protection to Persons assembled for religious worship or ceremonies, the law points to ongzegational rather than private worship, and it may fairly be required of the © organisers that they should inform the magistrate or police at what hours they © esjorarily assemble for worship in order thatthe right of other persons may | fot be unduly curtailed 3 Self-organisation, collective bargaining and all other allied labour Labour Union ion activities involve the right of free assembly which may not be conditioned _Activitjes. J stanite or by previous restraint by injunctive process; but the government iay regulate labour unions with a view to protect the public interests without ne Freedom of association. the Federal De ipecont eb, wal Fast pork ct on, refer the matter to the Supreme Court whose decision or such reference shall be 2 Abdul Hamid Qadri v. District Magistrate PLD (1957) Lah. 213. PSundram Chetty v. The Queon (1883) 6 Mad. 203; Manzoor v. Zaman (1928) 29 ia ‘Law Book Co,, 1956), Vol. XVI Constitutional Law), Article 214 D) PPSubstituted by the Constitution (Fourth Amendment) Act, 1975 (LXXI or 1975), textion 3, for the words “morality or public order” (with effect from 21st November, “*(2) Every citizen not being in the service of Pakistan shall have the right to Ceo ynpie esol ey mil oy a sat reov ‘Trade Unions. The Constitution of the Islamic Republic of Pakistan ‘The right to form trade unions under the Trade Unions Act, 19262Wie ‘within constitutional limits.245 4 criminal conspiracy in a trade dispute is declaed by the said Act not tobe an ofence, and no member of trade uno i liable for abetment of a breach of contract by another employee 246 However, the carrying on ofan illegal strike would not be a prope exercise of the right to freedom of association, and asa strike may rise question of public ode, ‘More easily susceptible to regulation by the State.247 % The Constitution while guarantesing the right to every citizea to fem ‘associations or unions also provides separately “to form or be a member ofa) political pany’ as its existence is essential for maintenance of ether nights guaranteed to the individuals by the Constitution 28 Thus, every citizen has 4 fundamental right to be a member of a political party of his choice.” The formation of political parties is governed by the Political Parties. Act, 1962, ‘subject to Article 17(2)25° Hence, provisions. of the Act of 1962,25! where inconsistent with the Article, are void.?5? For example. ‘security of Pakistan’ as a constraint in the said Act? is violative of the Article 2 Moreover, section 3B of the Act255 is not only inconsistent with the Article. but is also an unreasonable restriction as it seeks to permit functioning of a political party whic is implicit in the right guaranaed, and accordingly. reaches the sage of Prohibition #8° Similarly, forming of a political party necessarily implies the carrying on of all its activities as otherwise the formation itself would be of no ‘consequence.5” However, no political Party shall be formed with the object of Bropagating any opinion or acting in a tanner prejudicial to the interests of State and that no person shall form, organise et up or convene a freignaed Party, or in any way be associated with any such party 25% 244The Trade Unions Act, 1926 (XVI of 1926), Preamble. 24S National Labour Reltions Board v Jones (1937) 301 US 1 ‘eThe Trade Unions Act, 1926 (XVI of 1926), sections 17 & 18, 247 Narional Labour Relations Board v. Jones (1937) 301 US | 28 jenazir Bhuto v. Federation of Pakistan PLD [1988] SC. 416 3yfabbul Wahabul Khair v. Federtion of Pekistan PLD [1995] Lah. 27. 280e Political Parties Act, 1962 (I of 1962), Preamble, sections 3,3A, 3B, 30 & 6, pia 252Renazir Bhutto v. Federation of Pekistan PLD [1988] S.C. 416 255 Political Parties Act, 1962 (Il of 1962). section 3 254penazir Bhutto v. ederation of Pakistan PLD [1988] S.C. 416 285The Political Parties Act, 1962 (Il of 1962), setion 3B. 286Benazir Bhutto v. Federation of Pakistan PLD [1988] $C. 416; of Munir, M. The Constitation of the amie Republic of Pain, 1973 (Lahore: Law Publishing Co. 1918), p. 143; Anderson, W. S. (el) Ballentine’ Law Diuonany Giew Yok & Califia: The Lawyers Cooperative Publishing Co Banro-Whnes Co, ele 196.1078 Nol, Rand Caly M1.) Black's La Deon aul, Minn: West Publishing Co., Sth ed, 1979), : ohana owe Shr, Peo of Paton PLD (1953 SC 47. 2867 Political Parties Act, 1962 (II of 1962), section 3.