Dear Seniors,

Wishing you all a Very Happy and Prosperous New Year 2019. Please share your valuable knowledge on my query: "Is there any possibility for exemption or any time gap period for forming a Trade Union in a newly set up industry?"

Waiting for your kind suggestions to receive at an early date.

Thanks & Regards,
M. Guna

From India, Delhi
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Dear Guna,

Trade unions are formed on the basis of the Fundamental Right granted under Article 19(c) of the Constitution of India. Therefore, there cannot be any exemption, either permanent or temporary, based on the age or type of an industry to form a trade union.

From India, Salem
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Dear Umakanthan. M Sir, Thank you very much for sharing your valuable reply. Thanks again.
From India, Delhi
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Dear Mr. Guna,

As mentioned by Mr. Umakanthan, there is no prohibition or exemption period for a new industry. You should note that the union can even espouse issues of a closed industry. The union can be company-specific, industry-specific, and can be for general causes like the upliftment of workers and addressing issues hindering their well-being, etc.

In the case of N. Delhi, if you want to register the union, all the company-specific industry requires is:
6. That the scope of the Union shall be for the employees of -------------
( Name of Establishment)
7. That neither the applicants nor the office bearers and I are members of any other union functioning in ________________ ___________________
( Name of Establishment)

Shailesh Parikh
99 98 97 10 65
Vadodara

From India, Mumbai
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Dear Colleague,

No industry, whether old or new, is exempt from having a union. As stated, it is the fundamental right of workers to form a union, and in an establishment, any 7 workers can form the union under the Indian Trade Unions Act.

Regards, Vinayak Nagarkar HR Consultant

From India, Mumbai
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