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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 prohibited Contd…
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 organizations The All India Trade Union Congress, 			The Indian National Trade Union Congress, 			The Hindu MazdoorSangh, and 			The 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. TirumalaTirupatiDevasthanam v. Commissioner of Labour  (1995) Supp(3) SSC 653  Any group of employee may be registered as a trade union under the Act.
Employee’s right to union

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Employee’s right to union

  • 1. EMPLOYEE’S RIGHT TO UNION By, Dhanya N. Menon
  • 2. 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."
  • 3. Good staff relations Effective negotiations Redressing the employee grievance Improve employee welfare Pressurize the authorities to become liberal Better security, liberty and courage
  • 4. ORIGIN OF THE RIGHT Constitution of India Fundamental Right: Article 19(1)(c) Right to form association to all citizen Subject to restriction
  • 5. 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
  • 6. 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
  • 7. 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
  • 8. 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…
  • 9. 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 prohibited Contd…
  • 10. 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…
  • 11. The third phase in 1947 -1949: 4 central trade union organizations The All India Trade Union Congress, The Indian National Trade Union Congress, The Hindu MazdoorSangh, and The 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
  • 12. 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
  • 13. TRADE UNION - OBJECTIVES Representation (Workers’ Interests) Negotiation (Collective Bargaining) Voice in decisions (Lay off, Retrenchment) affecting workers Member Service (Education, Training, Welfare, Discounts, Loans)
  • 14. 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
  • 15. 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. TirumalaTirupatiDevasthanam v. Commissioner of Labour (1995) Supp(3) SSC 653 Any group of employee may be registered as a trade union under the Act.