Hi, I am confused about the difference b/w Registered Trade Union and Recognised Trade Union. Can anybody clear the things? Waiting for the reply. Abhishek
From India, Delhi
6From India, Delhi
Hi,
It is as under:
1) Every Union to be able to function legally has to be REGISTERED under the Trade Unions Act 1926.
2) In some states (maharashtra for instance) there is a law for grant of RECOGNITION to a desirous Union (which must be registered under the Trade Unions Act 1926 anyway). In Maharashtra the law is "Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act 1970 (or is it 72?)". If a union fulfills conditions stipulated under that act, then it may be granted status of a "Sole Bargaining Agent" for a given establishment.
Recognition and Registration are therefore, conceptually and fundamentally mutually exclusive. But recognition may be granted to a majority union by the Management. Recognition may be granted by law to a qualified Union, independent of management's wishes and desires too!
In Industrial Relations and Collective bargaining often the question as to who to deal with assumes great significance. In such cases a Recognised Union has an edge over a simply registered Union. For example, in the same establishment there may be a multiplicity of "registered trade unions" (which is possible!) but there can be only one Recognition Trade Union.
While registration is a basic matter, recognition is significant from the point of view of stability of Industrial Relations and peace in industry!
At his stage I hope this distinction should serve your purpose. There are other matters connected with the issue of recognition like right and obligations of recognitions etc, but more about that later and if need be!
Regards
samvedan
January 18, 2007
From India, Pune
It is as under:
1) Every Union to be able to function legally has to be REGISTERED under the Trade Unions Act 1926.
2) In some states (maharashtra for instance) there is a law for grant of RECOGNITION to a desirous Union (which must be registered under the Trade Unions Act 1926 anyway). In Maharashtra the law is "Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act 1970 (or is it 72?)". If a union fulfills conditions stipulated under that act, then it may be granted status of a "Sole Bargaining Agent" for a given establishment.
Recognition and Registration are therefore, conceptually and fundamentally mutually exclusive. But recognition may be granted to a majority union by the Management. Recognition may be granted by law to a qualified Union, independent of management's wishes and desires too!
In Industrial Relations and Collective bargaining often the question as to who to deal with assumes great significance. In such cases a Recognised Union has an edge over a simply registered Union. For example, in the same establishment there may be a multiplicity of "registered trade unions" (which is possible!) but there can be only one Recognition Trade Union.
While registration is a basic matter, recognition is significant from the point of view of stability of Industrial Relations and peace in industry!
At his stage I hope this distinction should serve your purpose. There are other matters connected with the issue of recognition like right and obligations of recognitions etc, but more about that later and if need be!
Regards
samvedan
January 18, 2007
From India, Pune
Dear all,
Further to what samvedan has stated, suppose there is recognized union and a simply registered union, then issue concerned with only one individual can be settled with simply registered union but issues concerning group of workmen can only settled with recognized union.
KKT
From India, Delhi
Further to what samvedan has stated, suppose there is recognized union and a simply registered union, then issue concerned with only one individual can be settled with simply registered union but issues concerning group of workmen can only settled with recognized union.
KKT
From India, Delhi
As the company is registered under companies act,1956 similarly trade unions are registered under the TU Act,1926 with the registrar of trade unions.However as there maybe several trade unions in an organisation and they may not be registered.The Trade Union which the Mgt. selects for Worker representation is said to be recognised.The recognised trade unions does not enjoy the benefits and powers as enjoyed by the registered trade unions.i hope it might have brought some clarity.
Regards,
Kumar Manoj
From India, Mumbai
Regards,
Kumar Manoj
From India, Mumbai
i am not able to find out if a trade union to be recognised needs to be a registered trade union... plz help me out....
as per Section 28D a labour court can recognise only a registered trade union... but wat if it has be by the employer??
as per Section 28D a labour court can recognise only a registered trade union... but wat if it has be by the employer??
Hi,
I am sorry, I am not sure if I have understood your question/confusion clearly. I think, I have and based on that understanding I am replying.
1) It is true that, to be RECOGNISED under law, a Union has to be registered. Registration lends authenticity of existence to the Union only after which the question of RECOGNITION can arise.
2) If, however, an employer has RECOGNISED an UNREGISTERED Union, while it is Employer's mistake to do so, such an act on the part of an Employer is NOT binding for law to also grant RECOGNITION to an unregistered Union.
Conceptually, Union is a representative body of workmen in an undertaking. It deals with the Employer to protect and further interests of the members. It obtained legitimacy of existence by first getting registered under the Trade Unions Act 1926 and then seeks RECOGNITION as a "Sole Bargaining Agent" under an appropriate law. This helps the industry as, in a multiple trade union situation, the RECOGNITION clearly spells out who to deal with and who can make committments on behalf employees that are binding under law.
I suppose this will clarify the issue and remove doubts, if any.
Regards
samvedan
March 26, 2008
----------------------------
From India, Pune
I am sorry, I am not sure if I have understood your question/confusion clearly. I think, I have and based on that understanding I am replying.
1) It is true that, to be RECOGNISED under law, a Union has to be registered. Registration lends authenticity of existence to the Union only after which the question of RECOGNITION can arise.
2) If, however, an employer has RECOGNISED an UNREGISTERED Union, while it is Employer's mistake to do so, such an act on the part of an Employer is NOT binding for law to also grant RECOGNITION to an unregistered Union.
Conceptually, Union is a representative body of workmen in an undertaking. It deals with the Employer to protect and further interests of the members. It obtained legitimacy of existence by first getting registered under the Trade Unions Act 1926 and then seeks RECOGNITION as a "Sole Bargaining Agent" under an appropriate law. This helps the industry as, in a multiple trade union situation, the RECOGNITION clearly spells out who to deal with and who can make committments on behalf employees that are binding under law.
I suppose this will clarify the issue and remove doubts, if any.
Regards
samvedan
March 26, 2008
----------------------------
From India, Pune
Hi Friends,
Can I please have views on the following:
In a company there was one Union A, registerd and recognised and with whom an LTS was arrived at.
Over time another Union B was registered under the Act and also recognised by the Company and also a Settlement was arrived at though they may not be a full majority.
Now it is time for the next LTS.The company for practical reasons now prefers to deal again with A.
Will dealing with A and arriving at a LTS with A,lead to a de-recognistion of B and make the previous agreement with B null and void?
Views would be appreciated.
Thanks and regards,
Sanjib.
From India, Delhi
Can I please have views on the following:
In a company there was one Union A, registerd and recognised and with whom an LTS was arrived at.
Over time another Union B was registered under the Act and also recognised by the Company and also a Settlement was arrived at though they may not be a full majority.
Now it is time for the next LTS.The company for practical reasons now prefers to deal again with A.
Will dealing with A and arriving at a LTS with A,lead to a de-recognistion of B and make the previous agreement with B null and void?
Views would be appreciated.
Thanks and regards,
Sanjib.
From India, Delhi
Recently, an employee (driver) of our company was terminated owing to misconduct after several verbal warnings (no show cause notice issued). He approached labour dept. through an union which is not recognised by the company. We dont even know that he got registered with the union. Is his registration with the union valid. Can the union speak on behalf of the individual? Can we take action against the individual for joining the union without intimating the company management?
From India, Mumbai
From India, Mumbai
A trade union provides help, support and representation to people who are employed by companies, etc.
A trade association is a group of companies, etc who all provide the same or similar services and the aim of the associaiton would be to represent the interests of that trade, or to lobby on its behalf.
From Vietnam, Hanoi
A trade association is a group of companies, etc who all provide the same or similar services and the aim of the associaiton would be to represent the interests of that trade, or to lobby on its behalf.
From Vietnam, Hanoi
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Trade unions and collective bargaining.pdf
THE TRADE UNIONS ACT,1926.ppt