Trade Unions
Freedom to Join and Form a Union
Note: Upcoming Labour Legislation in India
In 2020, the Indian Parliament combined 25 labour laws into three codes, i.e., the Social Security Code, the Code on Industrial Relations and the Code on Occupational Safety, Health and Working Conditions. Enacted in 2019, the Code on Wages also amalgamated four relevant labour laws.
The four new Labour Codes were supposed to be effective from 01 April 2021. However, considering the rise in COVID cases and the potential impact of the new Codes on per-employee costs for enterprises, the Government delayed their implementation to a future date. The Central and State Governments have been working on rules under these Codes. The new legal provisions will be effective only once notified.
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Currently Applicable Provisions
The right to freedom of association is enshrined in the constitution and guaranteed under the Trade Union Act.
According to the Constitution, all citizens have the right to form associations or unions or co-operative societies. The Trade Union Act defines trade union as any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more Trade Unions.
A Trade Union must get registered by depositing the application to the Registrar, along with a copy of the rules of the Trade Union and a statement containing following particulars: names, occupations and addresses of the members making the application; the name of the Trade Union and the address of its head office; and the titles, names, ages, addresses and occupations of the office-bearers of the Trade Union.
The Registrar, on being satisfied that the Trade Union has complied with all the requirements of this Act in regard to registration, shall register the Trade Union by entering in a register and issuing the registration certificate in the prescribed form which is the conclusive evidence that the Trade Union has been duly registered under this Act.
A written notice, signed by the Secretary and seven members, is submitted to the registrar to change the name or for amalgamation of the Trade Unions.
Source: §19 of Indian Constitution 1949; § 2-9 & 25 of the Trade Union Act, 1926
Non-Standard Workers' Rights on Freedom of Association - Platform workers
The right to join and form a trade union is guaranteed to the unorganised sector workers, i.e., the platform workers under the Trade Union Act of 1926. The 2001 amendment of the Trade Union Act defines "unorganised sector'' as "any sector which the appropriate Government may, by notification in the Official Gazette, specify". On the other hand, Unorganised Workers’ Social Security Act, 2008 defines the unorganised worker as "a home-based worker, self-employed worker or a wage worker in the unorganised sector and includes a worker in the organised sector who is not covered by certain Acts".
Freedom to Join and Form a Union Under State Laws
Freedom to Join and Form a Union in Andhra Pradesh
For Advocates’ Clerks:
All associations of Advocates' Clerks may apply to the Advocates' Clerks Welfare Fund Committee for recognition and registration as an Advocates' Clerks' Association under this Act. The association will be primarily responsible for informing the committee with a list of all its members (as on 31 March of each year) on the 15th of April of each year. They should also be responsible for informing about admissions and readmissions, death or retirement of any of its members within 30 days from the day of the occurrence.
Source: Section 13 and 14, Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992
For Advocates:
All associations of Advocates may apply to the Bar Council, for recognition and registration as a Bar Association under this Act. The association will be primarily responsible for informing the committee with a list of all its members (as on 31st March of each year) on the 15th of April of each year. They should also be responsible for informing about admissions and readmissions, death or retirement of any of its members within 30 days from the day of occurrence
Source: Section 13, Andhra Pradesh Advocates' Welfare Fund Act, 1987
Freedom to Join and Form a Union in Maharashtra
For all labors:
Unions can apply for recognition if they have a 30% or more organization employee membership for the 6 months period immediately preceding the application. The applications should be disposed within 3 months by the relevant courts, if not, 4 months in case of a non-local application. The act also establishes labor courts and industrial courts to examine and monitor practices and unfair labor practices.
Some of the unfair labor practices are as follows:
1. To discharge or dismiss employees -
(a) by way of victimisation;
(b) not in good faith, but in colourable exercise of employer's rights;
(c) by falsely implicating an employee in a criminal case on false evidence or on concocted evidence;
(d) for patently false reasons;
(e) on untrue or trumped-up allegation of absence without leave;
(f) in utter disregard of the principles of natural justice in the conduct of domestic enquiry or with undue haste;
(g) for misconduct of a minor or technical character, without having any regard to the nature of the particular misconduct or the past record of service of the employee, so as to amount to a shockingly disproportionate punishment.
2. To abolish the work of a regular nature being done by employees, and to give such work to contractors as a measure of breaking a strike.
3. To transfer an employee (with bad intentions) from one place to another, under the guise of following management policy.
4. To insist upon individual employees, who were on legal strike, to sign a good conduct-bond, as a precondition to allowing them to resume work.
5. To show favouritism or partiality to one set of workers, regardless of merits.
6. To employ employees as "badlis", casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent employees.
7. To discharge or discriminate against any employee for filing charges or testifying against an employer in any enquiry or proceeding relating to any industrial dispute.
8. To recruit employees during a strike which is not an illegal strike.
9. Failure to implement award, settlement or agreement.
10. To indulge in acts of force or violence.
Source: Section 11-18 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971
Freedom to Join and Form a Union in Karnataka
No State laws and provisions under this topic.
Freedom to Join and Form a Union in Uttar Pradesh
Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with or arising out of such discharge, dismissal, retrenchment or termination should be deemed to be an industrial dispute even if no other workman nor any union of workmen is a party to the dispute.
Source: Section 2A, U.P. Industrial Disputes Act, 1947
No person should aid, instigate or incite others to participate in or otherwise act in furtherance of any strike or lock-out which is, or when commenced, will be in contravention of the provisions of the U.P. Industrial Disputes Act.
Source: Section 6U, U.P. Industrial Disputes Act, 1947
Freedom to Join and Form a Union in Rajasthan
No State laws and provisions under this topic.
Freedom to Join and Form a Union in Tamil Nadu
For Advocates’ Clerks:
Advocates’ Clerks are allowed to form associations in order to procure a collective membership of the welfare fund so established.
Source: The Tamil Nadu Advocates' Clerks Welfare Fund Act, 1999
Freedom to Join and Form a Union in Gujarat
No State laws and provisions under this topic.
Freedom to join and form a union in West Bengal
No State laws and provisions under this topic.
Freedom of Collective Bargaining
Right to collective bargaining is recognized under the labour law however there is no legal obligation on employers to recognize a union or engage in collective bargaining.
The term settlement is used in Industrial Dispute Act, instead of collective bargaining. Settlement means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to an officer authorised in this behalf by the appropriate Government and the conciliation officer.
A settlement arrived at by agreement between the employer and workman in the course of conciliation proceeding binds on the parties to the agreement. The settlement become applicable on the date on which the memorandum of settlement is signed by the parties or on a date agreed upon in agreement. The settlement is valid for the period agreed upon in the agreement or in absence of any such provision the settlement is valid for a period of six months from the date the memorandum was signed. The memorandum continues binding on the parties after its expiry, until the two months from the date on which notice in writing to terminate the settlement is given by one party to the other.
When a settlement is not reached through the conciliation process, the dispute is then referred to a Court (Labour Court, Tribunal or National Tribunal).
The scope and coverage of collective bargaining are limited within the legal boundaries of the Trade Union Act and Industrial Dispute Act.
Source: §15-20 of the Industrial Dispute Act 1947
Non-Standard Workers' Rights on Collective Bargaining - Platform workers
Under the provisions of the Industrial Disputes Act 1947, workmen have the right to arrive at a settlement with the employer. However, the employment relationship must exist. In the case of independent contractors or platform workers, such an employment relationship does not exist. Hence, the right to collective bargaining is not provided under the law.
Freedom of Collective Bargaining Under State Laws
Freedom of Collective Bargaining in Andhra Pradesh
No State laws and provisions under this topic.
Freedom of Collective Bargaining in Maharashtra
For all labors:
Unions can hold discussions about grievances (but not interfere in the working), meet and discuss concerns with the employers and also inspect undertakings if necessary. They may appear on behalf of employees in any departmental enquiry. Employees can only be represented by a recognized union for any matters and proceedings related to unfair labor practices. This is only possible unless the issue does not deal with personal termination, suspension, and a series of personal matters mentioned. Unrecognized unions may collectively discuss and consult with employers over individual member grievances of discharge, removal, retrenchments, and termination of service and suspension. They may also attend domestic enquiry. Persons authorized to attend meetings for the central proceedings will be considered on duty.
Source: Section 20, 22, 23 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971
Freedom of Collective Bargaining in Karnataka
No State laws and provisions under this topic.
Freedom of Collective Bargaining in Uttar Pradesh
In situation of any disciplinary enquiries, the workman should have a right to represent himself in enquiry proceeding through any of his co-workman or office bearer of the Union to which he belongs, and his request in this behalf should be accepted by the Enquiry Officer.
Source: Section 23, U.P. Industrial Employment Model Standing Orders, 1991
Freedom of Collective Bargaining in Rajasthan
No State laws and provisions under this topic.
Freedom of Collective Bargaining in Tamil Nadu
No State laws and provisions under this topic.
Freedom to Collective Bargaining in Gujarat
No State laws and provisions under this topic.
Freedom to collective bargaining in West Bengal
No State laws and provisions under this topic.
Right to Strike
Right to strike is guaranteed under the Constitution and the Industrial Dispute Act. In accordance with the Indian Constitution, all citizens have the right to assemble peacefully without arms.
The strike is a cessation of work by a body of persons employed in any industry acting in combination or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment.
Members of a union must inform the employer at least six weeks prior to the proposed date of the strike. Employer, within five days, notifies the appropriate Government or the authority about the notification. It is considered as a breach of contract if union members observe strike within 14 days or any time prior to expiry of notice period. Strike is also prohibited when the dispute resolution is in process. Financial aid in direct furtherance of support of illegal strike by anyone is prohibited.
Employers also have the right to lockout workers. This right is subject to the same rules and restrictions as the right to strike.
Source: § 2, 22-25 of the Industrial Disputes Act 1947
Strike Under State Laws
Strike in Andhra Pradesh
No State laws and provisions under this topic
Strike in Maharashtra
For all labors:
Strikes can be conducted by employees, provided there is a 14-day notice serviced to the employers, and majority vote of members of the union. Strikes cannot be conducted during pendency of conciliation, or until 7 days after the conclusion of a case on the same subject. Lockouts by employers are also subject to the same conditions. Either of the activities cannot be undertaken in a period where the matter is already being arbitrated.
Source: Section 24 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971
Strike in Karnataka
No State laws and provisions under this topic.
Strike in Uttar Pradesh
If the State Government thinks it is necessary or expedient to make provisions for securing the public safety, convenience or the maintenance of public order or supplies and services essential to the life of the community, or for maintaining employment, by general or special order, it may:-
- prohibit, subject to the provisions of the order, strikes or lock-outs generally, or a strike or lock-out in connection with any industrial dispute;
- require employers, workmen or both to observe for such period, as may be specified in the order, such terms and conditions of employment as may be determined through the order
- appoint committees, representative both of the employer and workmen for securing amity and good relations between the employer and workmen
- for settling industrial disputes by conciliation; for consultation and advice on matters relating to production, organization, welfare and efficiency
- constitute and make provisions for functioning of Conciliation Boards for settlement of industrial disputes in the manner specified in the order
- require any public utility service, or any subsidiary undertaking not to close or remain closed and to work or continue to work on such conditions as may be specified in the order;
- exercise control over any public utility service, or any subsidiary undertaking by authorizing any person (hereinafter referred to as an authorized controller) to undertake functions of control with respect to the service as specified in the order. The state government may undertake functions on the making of such order as long as the order continues to be carried on following any directions given by the authorized controller obeying the provisions of the order. Every person having any functions of management of such service, undertaking or part thereof should comply with such directions;
- make provisions for any incidental or supplementary matters which appear to the [State Government] necessary or expedient for the purposes of the order :
Provided that no order made under clause (b) -
(i) should require an employer to observe terms and conditions of employment less favorable to the workmen than those which were applicable to them at any time within three months preceding the date of the order.
Source: Section 3, U.P. Industrial Disputes Act, 1947
No person employed in an industrial establishment should go on strike,
- without giving to the employer a notice of strike within thirty days before striking; or
- within fourteen days of giving such notice; or
- before the expiry of the date of strike specified in any such notice as aforesaid; or
- during the pendency of any conciliation proceeding before a Conciliation Officer or a Board and thirty days after the conclusion of such proceeding, if he is concerned in the dispute which is the subject-matter of such proceeding; or
- between the beginning and the conclusion of proceeding before a Labour Court or a Tribunal, if he is concerned in the dispute which is the subject-matter of such proceeding; or
- during any period in which a settlement or award is in operation, regarding the matters covered by the settlement or award.
No employer should lock out any of his workmen, -
- without giving him notice of lock-out within thirty days before locking out; or
- within fourteen days of giving such notice; or
- before the expiry of the date of lock-out specified in any such notice as aforesaid; or
- during the pendency of any peacemaking proceeding before a Conciliation Officer or a Board, and thirty days after the conclusion of such proceeding, if the workman is concerned in the dispute which is the subject-matter of such proceeding; or
- between the beginning and the conclusion of proceeding before a Labour Court or a Tribunal, if the workman is concerned in the dispute which is the subject-matter of such proceeding; or
- during any period in which a settlement or award is in operation, in respect of any of the matter covered by the settlement or award.
Every notice of a strike or lock-out under this rule should specify a date within three days of which if no strike or lockout takes place in pursuance of the notice, the notice should cease to have effect and fresh notice should have to be given for a strike or lock-out.
Source: Section 6S, U.P. Industrial Disputes Act, 1947
A strike or lock-out should be illegal if it is commenced or declared in contravention of Section 6-S or continued beyond the date on which the industrial dispute to which the strike or lock-out relates. It would be taken up by a Board or is referred for adjudication to a Labour Court or Tribunal.
A strike declared in consequence of an illegal lock-out or a lock-out declared in consequence of an illegal strike in an industrial establishment should not be deemed to be illegal.
Source: Section 6T, U.P. Industrial Disputes Act, 1947
Lock-Out taking place in pursuance of the notice, the notice should cease to have effect and fresh notice should have to be given for a strike or lock-out
Strike in Rajasthan
No State laws and provisions under this topic.
Strike in Tamil Nadu
No State laws and provisions under this topic.
Strike in Gujarat
Employers may give up the services of an employee without notice if the employee is guilty of going on or abetting a strike in contravention of any law for the time being in force.
Source: Bombay Shops and Establishments Act, 1948
Strike in West Bengal
No State laws and provisions under this topic.
