Trade Union

Definition of trade union: Trade union is an organization which is formed to protect and promote the interest of their members. Edwin B. Flippo Said that: trade union is an organization of workers formed to protect, promote, and improve the social , economical and political interest of its members through collective action, As per the provision of Labor and industrial Law : Trade union means any combination of workers or employers formed primarily for the purpose of regulating the relation between workmen and employers or workmen and workmen or employers and employers, or for imposing restrictive conditions on the conduct of any trade or business and includes a federation of two or more trade union. Objectives Trade Union 1. To ensure fair and appropriate wages 2. To improve economic condition /status 3. To improving working and living condition 4. To ensure job security, income security, pensions, provident fund, overtime & other benefits. 5. To establish the industrial democracy. 6. To ensure better health, safety and welfare standard 7. To ensure self respect, humanly treatment from supervisors and authority. 8. To reduce the working hour. 9. To increase professional status 10. To reduce the disputes between workers and employers 11. To protect the autocratic attitude of the employers Registration of Trade Union Application for registration: Any trade union may, under the signature of its chairman and the secretary, apply for registration of trade union. Requirement for registration: Every application for registration of trade union shall be made to the Registrar and shall be accompanied By 1. A statement showing a. the name of the trade union and address of its head office b. Date of formation of trade union c. the title/ position ,ages ,address and occupations of the officers of the trade union d. Statement of total paid membership e. In case of federation of trade unions, the names, addresses and registration number of member trade unions. 2. Three copies of the constitution of the trade union together with a copy of resolution by the members of the trade union adopting such constitution bearing the signature of the chairman of the meeting. 3. A copy of the resolution by the members of trade union authorizing its chairman and the secretary to apply for its registration . And 4. In case of federation of trade union, a copy of resolution from each of the constituent unions agreeing to become a member of the federation.

Requirements of Registration 1. A trade union shall not be entitled to registration unless the constitution thereof provide for the following matters, namely (a) The name and address of trade union (b) The subjects of for which the trade union has been formed. Objective to form the trade union. c. The manner in which a worker may become a member of the trade union specifying therein that no worker shall be enrolled as its member unless he applies in the form set out in the constitution declaring that he is not a member of any other trade union.That means the methods of being member of trade union d. The sources of the fund of trade union and the purpose of its uses. e. The provision of facilities provided to the member and its conditions, reasons of imposing fine ,causes of canceling member etc. f. The maintenances of a list of the members of the trade union and of adequate facilities for the inspection thereof by the officer and members of trade union. g. Methods of amendment change and cancellation of its constitution. h. The safe custody of trade union fund, its annual audit, the manner of audit and adequate facilities for inspection of the accounts books by the officers and members of trade union. i.The manner in which the trade union may be dissolved. j. The manner of election of officer by the general body of the trade union and the term, not exceeding two years, foe which an officer may hold office upon his election or re-election k. The procedure of holding the executive and general body meting. The executive shall meet at least once in every three month and general body at least once every year. 2. A trade union of workers shall not be entitled to registration unless it has a minimum membership of 30% of the total number of workers employed in the establishment or group of establishments in which it is formed. Registration: 1. After being satisfied, the registrar of trade union will register the trade in prescribed form and issue a registration certificate in the prescribed form within a period of sixty days from the date of receipt of the application. 2. If any objection is found in application by the registrar, he will communicates in writing his objection to the trade union within a period of 15 days from the receipt of the application and the trade union will reply thereto within a period of fifteen days from the receipt of the objection 3. When the objection raised by registrar has been satisfactorily met; the registrar shall register the trade union in prescribed form. 4. In case the objections are not satisfactorily met; the registrar may reject the application. 5. In case the application has been rejected or the registrar has, after settlement of the objections, delayed disposal of the application beyond the period of sixty days the trade union may appeal to the labor court. The labor court may pass an order directing the registrar to register the trade union and to issue a certificate of registration or may dismiss the appeal. Certificate of registration The registrar on registering a trade union under the law shall issue the certificate of registration in prescribed form which shall be conclusive evidence that the trade union has been duly registered under the law. Disqualification for being an officer 1. A person shall not be entitled I. To be or to elected as an officer of a trade union if he has been convicted of an offence .

II. To be a member or officer of a trade union formed in any establishment or group of establishment if he is not actually employed or engaged in that establishment or group of establishment Responsibly of registered Trade Union Every registered trade union shall maintain in such form as may be prescribed1. A register of members showing particulars of subscriptions paid by each member; 2. An accounts book showing receipts and expenditure ; and 3. A minute book for recording the proceedings of meetings. Cancellation of Registration 1. The registration of a trade union may be cancelled by the registrar if the registrar is satisfied on enquiry that the trade union hasa. b. c. d. e. Applied for such cancellation ; Obtain registration by fraud or by misrepresentation of facts; Contravened any of the provisions of this ordinance or rules; Contravened any of the provisions of its constitution Committed any unfair labor practice at any time with in three months prior to the date of passing of the order of such cancellation; f. Made in its constitution any provision which is inconsistence with this ordinance or the rules; g. Membership which has fallen short of 36% of the workers of the establishment or group of establishment for which it was formed; and h. Where any person who is disqualified under the provision of this industrial relations ordinance, from being elected as or from being an officer of a trade union, is elected as an officer of a registered trade union , the registration of that union shall be cancelled by Registrar Appeal against cancellation 1. Any trade union aggrieved by an order or decision of the Registrar issued or given under the provision of the law may within two months from the date of the order appeal to the Labor Court which may uphold or reject the decision 2. Any trade union aggrieved by the decision of Labor Court may , within two months from the date of the decision, appeal to the Labor Appellate Tribunal which may uphold or reject the decision. Registration of Dual Membership No worker shall be entitled to enroll himself as or to continue to be , a member of more than one trade union at same time Registrar of Trade Union For the purpose of this ordinance, the Government may , by notification in the official gazette appoint as many persons as it considers necessary to be registrars of trade unions and where it appoints more than one Registrar , shall specify in the notification the area within which each one of them shall exercise and perform the powers and function under this ordinance Power and functions of registrar

1. To register the trade union and maintenance of a register foe this purpose; 2. To lodge complaints with the Labor Court for action against the trade union for any alleged offence or any unfair labor practice or violation of any provision of this ordinance 3. The determination of question as to which one of the trade union in establishment or an industry is entitled to be certified as the collective bargaining agent in relation to the establishment or industry. 4. Such other powers and functions as may be prescribed. Why workers do not joint T/U For the following reasons, some employees hesitate to joint Trade union as a member:1. If it is found that the Trade Union leaders are corrupt, unfair, self- seeker and questionable. 2. When the workers basic needs are fulfilled. (Food, cloth, shelter medicine etc.) 3. Sometimes employees are frightened for the autocratic attitude and cruel action of employers/Management. 4. If the impact of family culture of any worker is against class-consciousness. 5. Some employees nature is always flattery and they are associated with the management all the time i.e. they are always pro-management. 6. Because of the serious internal conflict of the trade union. 7. Lack of education, progressive culture and conservativeness.