Can workmen engaged under different contractors in an Industrial Establishment form a common trade union under the Trade Unions Act, 1926 ?
From India, Bengaluru
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From India, Bengaluru
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Trade unions can be formed establishment-specific, industry-specific covering all workers or a particular class of workers employed in the individual establishment or the whole industry or area-specific covering all general workers within the specified area and the like subject to the numerical condition laid down under the Trade Unions Act, 1926.
However, contract labor being an indirect system of labor eating up the employment of direct labor to a considerable extent, trade unions functioning for regular workmen do not normally espouse the cause of contract labor. If their bye-laws permit, there is no legal bar against such an effort.
Contract labor, as a particular class of workmen, can form their own trade union industry-wise or area-wise to protect their employment interests. But the critical danger would be that of canceling the contracts by the principal employers to scuttle such a move as there is no employer-employee relationship between the principal employer and the contract labor.
From India, Salem
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6185However, contract labor being an indirect system of labor eating up the employment of direct labor to a considerable extent, trade unions functioning for regular workmen do not normally espouse the cause of contract labor. If their bye-laws permit, there is no legal bar against such an effort.
Contract labor, as a particular class of workmen, can form their own trade union industry-wise or area-wise to protect their employment interests. But the critical danger would be that of canceling the contracts by the principal employers to scuttle such a move as there is no employer-employee relationship between the principal employer and the contract labor.
From India, Salem
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Sir,
Does it mean that workmen employed by 30 different contractors to execute work at the Industrial Establishment of a Principal employer can form and get registration under a single contractors' workmen union under section 4 (1) of the Trade Unions Act? Do contractors employing these workmen under this proviso shall be termed as Establishment or Establishments with which they are connected.
From India, Bengaluru
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Does it mean that workmen employed by 30 different contractors to execute work at the Industrial Establishment of a Principal employer can form and get registration under a single contractors' workmen union under section 4 (1) of the Trade Unions Act? Do contractors employing these workmen under this proviso shall be termed as Establishment or Establishments with which they are connected.
From India, Bengaluru
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The contract laborers working under different contractors can form one or more unions as per the Trade Union Act. The trade union so registered need not be establishment-centric; it could be for a locality, an industry pan India, or even a combination of two or more trade unions as an apex entity.
From India, Mumbai
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From India, Mumbai
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