Dear All,
Can a trade union refuse membership to a workman even if he has complied with all the requirements of membership (membership fees, etc.)? If yes, under what grounds/provisions.
Regards,
Swapnil
From India, Pune
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22Can a trade union refuse membership to a workman even if he has complied with all the requirements of membership (membership fees, etc.)? If yes, under what grounds/provisions.
Regards,
Swapnil
From India, Pune
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The Trade Union Act is silent about the refusal of membership to any employee. However, the rules of the Trade Union, which are mandatory for obtaining registration, have provided for any clause restricting membership. An employee disqualified on such conditions as specified in the rules may not be given membership. Under general law, membership is open to all employees not below the age of 14 years working in the industry for which the union is formed.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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Dear Madhu Sir, Can any union include this clause in their bylaws, by way of amendment in the same. Regards, Rahul Bagale
From Korea
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From Korea
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Unless it is not questioned by members of the trade union or the registrar, you can have such restrictive clauses in the rules of the trade union. Regards, Madhu.T.K
From India, Kannur
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From India, Kannur
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The question of dual membership will be considered when a referendum for recognition of trade union is sought. Normally, an employee cannot take membership in more than one unions. Regards, Madhu.T.K
From India, Kannur
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From India, Kannur
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# Dear Madhu Sir , good morning ! please help me to get the information regarding how many % outsider may be involved in Trade Union.
From India, Rudarpur
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From India, Rudarpur
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By outsider you mean outsider as office bearers of the Trade Union? The Trade Union Act permits 1/3rd of the total number of office bearers subject to a maximum of five to be outsiders.
From India, Kannur
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From India, Kannur
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Trade Union can not, unless it has mentioned in its rule certified by Registrar during the registration.
From India, Karjat
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From India, Karjat
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thank you Madhu Sir, but i want to know these person will be out of 07 office bearers connected with the concern Industry ?
From India, Rudarpur
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From India, Rudarpur
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Yes. The minimum number of workers employed in the establishment is seven.
It is not just 7, but 10 percent or 100 persons, whichever is less, are required to form a trade union. All these workers should be employed in the industry. Therefore, if your establishment has 100 workers, then the minimum number of workers required to form a trade union is 10 persons. If you have 1500 workers, obviously, you will need at least 100 workers working in the establishment to form a trade union. At the same time, if you have only 50 workers, certainly, ten percent or 5 persons cannot form a union, but 7 workers should be there. You may refer to the provisions of section 4, which state that the minimum number of workers is those employed in the establishment.
Section 9A also requires that a registered trade union should always maintain the above number; failing which, the registration will be canceled. In this section also, the required minimum is the workers employed in the establishment.
From India, Kannur
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It is not just 7, but 10 percent or 100 persons, whichever is less, are required to form a trade union. All these workers should be employed in the industry. Therefore, if your establishment has 100 workers, then the minimum number of workers required to form a trade union is 10 persons. If you have 1500 workers, obviously, you will need at least 100 workers working in the establishment to form a trade union. At the same time, if you have only 50 workers, certainly, ten percent or 5 persons cannot form a union, but 7 workers should be there. You may refer to the provisions of section 4, which state that the minimum number of workers is those employed in the establishment.
Section 9A also requires that a registered trade union should always maintain the above number; failing which, the registration will be canceled. In this section also, the required minimum is the workers employed in the establishment.
From India, Kannur
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