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
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
The Trade Union Act is silent about refusal of membership to any employee. However, the rules of the Trade Union which is mandatory for obtaining registration has 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
Regards,
Madhu.T.K
From India, Kannur
Dear Madhu Sir, Can any union include this clause in their bylaws, by way of amendment in the same. Regards, Rahul Bagale
From Korea
From Korea
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
From India, Kannur
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
From India, Kannur
# 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
From India, Rudarpur
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
From India, Kannur
Trade Union can not, unless it has mentioned in its rule certified by Registrar during the registration.
From India, Karjat
From India, Karjat
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
From India, Rudarpur
Yes. The minimum number of seven is the workers employed in the establishment.
It is not just 7 but 10 percent or 100 persons whichever is less is required to form a trade union. All these should be workers employed in the industry. As such, 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 require 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 the provisios to section 4 which says 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 cancelled. In this section also, the required minimum is the workers employed in the establishment.
From India, Kannur
It is not just 7 but 10 percent or 100 persons whichever is less is required to form a trade union. All these should be workers employed in the industry. As such, 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 require 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 the provisios to section 4 which says 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 cancelled. In this section also, the required minimum is the workers employed in the establishment.
From India, Kannur
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