Labour Law Overview
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Questions and Answers

What is a trade union defined as under Section 2(h) of the Trade Union Act, 1920?

  • A temporary organization formed by employers only.
  • An organization solely for the purpose of negotiating wages.
  • Any combination formed primarily for the purpose of regulating relationships between workers, employers, or among workers. (correct)
  • A government body regulating employment conditions.
  • Which of the following is NOT a component of a trade union?

  • The business trade is necessary.
  • The union must establish limitations on employer-employee interactions.
  • There must be a combination of employers and workers in a union.
  • The primary goal must be to regulate vendor pricing. (correct)
  • What does the Trade Union Act, 1920 provide immunity for?

  • Trade unions have immunity only during negotiations with employers.
  • Trade unions have immunity against all criminal charges.
  • Trade unions cannot be sued for financial disputes.
  • Trade unions are immune from prosecution for actions taken during organized strikes. (correct)
  • What significant case established that a federation is not a trade union under the Trade Union Act, 1926?

    <p>National Organisation of Bank Workers' Federation of Trade Union vs Union of India (A)</p> Signup and view all the answers

    Which of the following best describes the primary role of a trade union?

    <p>To take collective action to defend professional interests of workers. (A)</p> Signup and view all the answers

    Which of the following agreements is excluded from the Trade Union Act, 1920?

    <p>Any agreement between partners regarding their own business. (B)</p> Signup and view all the answers

    What is required for an organization to be classified as a trade union according to the Trade Union Act, 1920?

    <p>It must be formed for the regulation of employer-worker relationships. (C)</p> Signup and view all the answers

    What is a key function of the Industrial Employment (Standing Orders) Act, 1946?

    <p>To establish procedures for modifications and temporary applications of standing orders. (D)</p> Signup and view all the answers

    What is the minimum age requirement for a person to be a member of a trade union?

    <p>15 years (C)</p> Signup and view all the answers

    Under what condition can a person disqualify from being an office bearer of a trade union?

    <p>If they have been convicted for moral turpitude (B)</p> Signup and view all the answers

    What percentage of trade union members must be employed in the relevant industry according to Section 22?

    <p>50% (B)</p> Signup and view all the answers

    What is required for a registered trade union to change its name?

    <p>Consent from not less than two thirds of its members (D)</p> Signup and view all the answers

    What is the voting requirement for the amalgamation of trade unions according to Section 24?

    <p>60% of the votes cast must be in favor (A)</p> Signup and view all the answers

    What must accompany a written notice for a name change or amalgamation of a trade union?

    <p>Signatures from the secretary and seven members (D)</p> Signup and view all the answers

    What action can the registrar take if the proposed name of a trade union is identical to an existing one?

    <p>Refuse to change the name (D)</p> Signup and view all the answers

    Which of the following is NOT a condition specified in Section 21 for disqualification from being an office bearer?

    <p>Having a criminal record unrelated to moral turpitude (B)</p> Signup and view all the answers

    What is one of the requirements for the rules of a trade union as per section 6?

    <p>A member must pay a subscription fee of at least 25 paise per month. (D)</p> Signup and view all the answers

    What could lead the registrar to refuse the registration of a trade union?

    <p>The name of the trade union being similar to another already registered union. (D)</p> Signup and view all the answers

    What happens if a member fails to pay the subscription fee?

    <p>They may be considered not a member of the trade union. (A)</p> Signup and view all the answers

    What must a trade union include in its rules regarding membership?

    <p>Only ordinary members engaged in the connected industry may join. (B)</p> Signup and view all the answers

    What does section 8 state about a registered trade union?

    <p>It becomes a legal entity with perpetual succession. (B)</p> Signup and view all the answers

    Which of the following is NOT a condition that must be included in the rules of a trade union?

    <p>The requirement for community outreach programs. (D)</p> Signup and view all the answers

    What is a possible action of the registrar if further information is needed for registration?

    <p>Call for additional particulars and delay registration. (C)</p> Signup and view all the answers

    How must the funds of a trade union be managed according to the rules?

    <p>They must be audited annually and safely kept. (C)</p> Signup and view all the answers

    What is the highest fine an employer can incur for continuing violations of standing orders?

    <p>₹25,000 (C)</p> Signup and view all the answers

    What constitutes an industrial dispute under section 2(K) of the Industrial Disputes Act?

    <p>Differences involving employers and workers (B)</p> Signup and view all the answers

    Which of the following is true about individual disputes according to the content?

    <p>They must be supported by a registered trade union to be considered industrial disputes. (D)</p> Signup and view all the answers

    Which of the following best describes what is meant by 'industry' according to section 2(J)?

    <p>Any business, trade, or manufacturing relationship between employers and employees (C)</p> Signup and view all the answers

    In the case of Jadhav J.H. vs ms. Forbes Gokak Ltd. (2005), what was established about individual disputes?

    <p>They qualify as industrial disputes if the trade union supports the individual. (C)</p> Signup and view all the answers

    What are the three tests that define an activity as an industry according to the Supreme Court's ruling?

    <p>Systematic activity, cooperation between employers and employees, and established functioning (D)</p> Signup and view all the answers

    What is the primary purpose of a lockout from the employer's perspective?

    <p>To prevent employees from accessing their jobs until demands are met (A)</p> Signup and view all the answers

    What is an important characteristic that differentiates an individual dispute from an industrial dispute?

    <p>Industrial disputes involve the collective interest of workers or unions. (D)</p> Signup and view all the answers

    Which section of the Industrial Dispute Act 1947 states the requirement for prior notice before a lockout?

    <p>Section 22 (C)</p> Signup and view all the answers

    What distinguishes a peaceful gherao from a violent gherao?

    <p>Whether physical force is used (A)</p> Signup and view all the answers

    What determines whether an activity is recognized as an industry under the defined legal framework?

    <p>The existence of structured employer-employee interactions (D)</p> Signup and view all the answers

    What is one reason an employer might legally initiate a layoff?

    <p>Due to insufficient work available (D)</p> Signup and view all the answers

    What is the primary purpose of the committee score function?

    <p>To identify and address employee grievances (D)</p> Signup and view all the answers

    Which entities are responsible for appointing conciliation officers?

    <p>The competent government at various levels (A)</p> Signup and view all the answers

    Which of the following statements accurately describes a lockout?

    <p>It allows management to demand concessions from labor. (B)</p> Signup and view all the answers

    How long does a gherao typically last?

    <p>Usually only a few days (A)</p> Signup and view all the answers

    How many members typically make up a board of conciliation?

    <p>Two to four additional members besides the chairman (C)</p> Signup and view all the answers

    Who presides over a court of inquiry according to section 6?

    <p>An independent individual chosen by competent authorities (B)</p> Signup and view all the answers

    Under the Industrial Dispute Act, what is a temporary closing of a workplace referred to?

    <p>Lockout (C)</p> Signup and view all the answers

    What can happen if a lockout is issued without prior notice as mandated by the law?

    <p>The employer may face penalties (B)</p> Signup and view all the answers

    What is the nature of the decisions made by a works committee?

    <p>Advisory and consultative (C)</p> Signup and view all the answers

    What is the role of a conciliation officer?

    <p>To mediate and facilitate resolution of disputes (B)</p> Signup and view all the answers

    How does a party designate its representatives on a board of conciliation?

    <p>Through a written appointment before the specified timeframe (C)</p> Signup and view all the answers

    What primarily defines the establishment of a labour court according to section 7?

    <p>The discretion of the appropriate government (B)</p> Signup and view all the answers

    Flashcards

    Trade Union

    A combination of workers (or employers), formed to regulate relations between workers, employers, or both, or to restrict the conduct of a trade or business.

    Trade Dispute

    A disagreement or conflict between workers and employers, or amongst workers, concerning wages or working conditions.

    Industrial Employment (Standing Orders) Act 1946

    A law establishing a framework for determining working conditions in industries.

    Standing Orders

    Rules determining working conditions and employment procedures in a company or industry.

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    Certification of Standing Orders

    Formal recognition of standing orders as lawful and binding.

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    Layoff

    Temporary suspension of employment due to lack of work, under specific conditions.

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    Right to Strike

    Workers' legal right to cease work to press demands or grievances.

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    Lockout

    Employer action to close the workplace to prevent workers from working.

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    Office-bearers

    The individuals holding official positions within a trade union, such as president, secretary, or treasurer. Their information, including names, ages, addresses, and occupations, is recorded.

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    Trade Union's Assets and Liabilities

    A detailed statement outlining the trade union's financial position, including assets (what it owns) and liabilities (what it owes), required if the union has been in existence for over a year before applying for registration.

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    Trade Union Rules: Name

    The official name of the trade union, which must be clearly stated in the rules.

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    Trade Union Rules: Object

    The overall purpose and goals of the trade union, outlining its reason for existence, such as representing workers and negotiating with employers.

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    Trade Union Membership: Ordinary Members

    Individuals actively employed in the industry the trade union is connected with, required to be included as members.

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    Trade Union Subscription Fee

    A minimum monthly payment required from each member of the trade union, set at 25 paise per month.

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    Trade Union Rules: Amendment

    The process by which the trade union's rules can be changed, modified, or revoked through a formal procedure.

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    Trade Union Rules: Dissolution

    The process of officially closing down the trade union, outlining the steps and procedures involved.

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    Industrial Dispute

    A conflict or disagreement between employers and employees, workers and workers, or employers and employers regarding employment or working conditions.

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    Individual Dispute

    A disagreement raised by a single employee alone, distinct from a collective issue involving a group.

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    Collective Industrial Dispute

    A conflict that involves a group of workers or a union representing their interests, potentially affecting all workers in a specific industry.

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    Industry (Definition)

    Includes any business, trade, manufacturing, or calling that involves employers and employees working together.

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    What are the three test for Industry?

    An activity qualifies as an industry if it involves: 1. Systematic and organized activity, 2. Collaboration between employers and employees, and 3. A common purpose or objective.

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    Violation of Standing Orders

    An employer who breaks the rules outlined in the certified standing orders for their industry faces fines.

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    Continuing Offence

    If a violation of standing orders continues beyond the initial incident, the fine increases daily.

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    What are the key elements of a collective industrial dispute?

    A collective industrial dispute involves a disagreement between employers and employees concerning the terms of employment or working conditions and is backed by a registered trade union or group of workers.

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    Disqualification from Trade Union Membership

    Certain conditions prevent individuals from being members of a trade union. These include being under the age of majority (15 years old) or having been convicted of a crime involving moral turpitude and sentenced to imprisonment within the past five years.

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    Trade Union Member Proportion

    At least half of the members of a trade union must be employed in the industry or work the union is connected to. For example, a union for agricultural laborers must have at least half its members working in agriculture.

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    Trade Union Name Change

    A registered trade union can change its name with the consent of two-thirds of its members, following specific requirements.

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    Trade Union Amalgamation

    Two or more trade unions can merge into a single union, potentially dissolving the individual unions. This requires a majority vote (at least 50%) from each union, with 60% of the votes in favor.

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    Trade Union Name Change Notice

    When a trade union changes its name or merges, the registrar must be notified in writing by the secretary and seven members of the union. The registrar may refuse a name change if it's too similar to an existing union or misleading.

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    Why Can the Registrar Refuse a Name Change?

    The registrar can refuse a name change if the proposed name is identical or too similar to an existing trade union, or could deceive the public or members of either union.

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    What Happens After Trade Union Amalgamation?

    When trade unions merge, they can choose to dissolve the individual unions or keep them separate. The combined funds may also be divided or kept together.

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    Trade Union Member's Age Requirement

    A person must be at least 15 years old to become a member of a trade union.

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    Works Committee

    A group formed in an industrial establishment with 100+ employees to identify and address worker grievances through consultation. It's mandated by government order. Decisions are advisory, not legally binding.

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    Conciliation Officer

    An individual appointed by the government to mediate and facilitate resolution of industrial disputes. They can be appointed permanently or temporarily.

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    Board of Conciliation

    A group appointed by the government to promote resolution of industrial disputes. It has a chairman and members representing both sides of the dispute.

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    Court of Inquiry

    A body established to investigate the causes of an industrial dispute. It's headed by an independent person chosen by the government.

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    Labour Court

    A court established by the government to adjudicate industrial disputes. It's made up of a single person chosen by the government.

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    Who appoints the Conciliation Officer?

    The competent government, which can be federal, state, or local, appoints the Conciliation Officer.

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    Who appoints Board of Conciliation members?

    The parties in dispute appoint their own representatives on the Board of Conciliation, and the government may step in to appoint representatives if a party fails to do so.

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    What's the role of the Chairman in the Board of Conciliation?

    The Board Chairman is independent and acts as an impartial mediator. Their role is crucial in ensuring a fair process.

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    Industrial Disputes Act 1947

    This law governs lockouts in India, requiring employers to issue prior notice to workers before implementing a lockout.

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    Gherao

    A tactic used by workers where they surround management members to prevent them from leaving, often as a form of protest or pressure.

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    What are the two types of Gherao?

    A peaceful Gherao is considered legal, while a violent Gherao, involving potential threats to well-being or property, is illegal.

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    What are the requirements for a legal layoff?

    To legally lay off employees, the employer must demonstrate that they are unable to provide work due to circumstances beyond their control, like material shortages or machine breakdowns.

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    Difference between a Strike and a Lockout

    A strike is when workers refuse to work, whereas a lockout is when an employer prevents workers from working.

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    What is the importance of the Industrial Dispute Act 1947?

    It sets the legal framework for resolving industrial disputes, including lockouts, strikes, and layoffs, ensuring fair and legal practices in the workplace.

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    Study Notes

    Labour Law - Overview

    • Labour law encompasses various aspects of managing employee relations and resolving disputes.
    • It involves dispute resolution processes and bodies.
    • The subject matter focuses on the management of labor relations and various methods for settling disputes.

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