Trade Union Act 1926 Overview
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Questions and Answers

What defines a trade union?

  • Any combination formed primarily for regulating relations between workmen and employers (correct)
  • An organization that only represents employers
  • A group formed only for profit-sharing
  • A temporary gathering of workers for a single event

    • A trade union can be registered with fewer than seven members.

    False

    What percentage or number of workmen is necessary for a trade union of workmen to be registered?

    At least ten percent or one hundred workmen, whichever is less.

    A __________ means any dispute related to employment or labor conditions.

    <p>trade dispute</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Registered trade union = A trade union registered under the Act Trade dispute = A disagreement related to employment or labor conditions Workman = Any person employed in trade or industry Office-bearer = An official member of the trade union governing body</p> Signup and view all the answers

    Which of the following is not a condition for a trade union of workmen to be registered?

    <p>The union must include the names of all employers in the industry</p> Signup and view all the answers

    The registration of a trade union requires a copy of the union's rules.

    <p>True</p> Signup and view all the answers

    Who must make the application for registration of a trade union?

    <p>The members making the application</p> Signup and view all the answers

    What year was the Indian Trade Union (Amendment) Act passed?

    <p>1947</p> Signup and view all the answers

    There is currently a central law in India that mandates the recognition of trade unions.

    <p>False</p> Signup and view all the answers

    What are the two distinct processes involved in trade unions regarding collective bargaining?

    <p>Registration and recognition.</p> Signup and view all the answers

    Recognition of trade unions is crucial for __________ between employers and employees.

    <p>collective bargaining</p> Signup and view all the answers

    In the case of Workmen of Kampali Co-operative Sugar Factory Ltd., what did the court rule regarding trade union recognition?

    <p>No legal right exists without a statutory provision.</p> Signup and view all the answers

    The withdrawal of recognition from a trade union does not violate any legal __________.

    <p>right</p> Signup and view all the answers

    Match the following terms with their descriptions:

    <p>Trade Union Registration = Legal formation of a trade union Recognition of Trade Union = Acknowledgment for collective bargaining Collective Bargaining = Negotiations between employers and recognized unions Statutory Provision = Legal framework governing rights</p> Signup and view all the answers

    What primarily triggers industrial strikes involving trade unions?

    <p>Disputes over trade union recognition</p> Signup and view all the answers

    What is the main difference between voluntary recognition and statutory recognition of trade unions?

    <p>Voluntary is given willingly by employers, while statutory is legally required.</p> Signup and view all the answers

    Recognition by management is not important for a trade union's effectiveness in collective bargaining.

    <p>False</p> Signup and view all the answers

    What method allows workers to authorize the deduction of union fees from their wages?

    <p>Check-Off method</p> Signup and view all the answers

    The ____ method relies on workers to vote for their preferred trade union, conducted by a neutral agent.

    <p>Election by Secret Ballot</p> Signup and view all the answers

    Match the following trade union recognition methods with their descriptions:

    <p>Voluntary Recognition = Acknowledgment by employers Statutory Recognition = Mandated by government regulations Election by Secret Ballot = Voting for union representatives Check-Off Method = Deduction of union fees from wages</p> Signup and view all the answers

    What does the Election by Secret Ballot typically assess?

    <p>The representative character of trade unions</p> Signup and view all the answers

    What is the purpose of the Check-Off method in trade unions?

    <p>To provide management with a clear understanding of the relative strengths of different unions</p> Signup and view all the answers

    The results of the Election by Secret Ballot remain valid for a lifetime.

    <p>False</p> Signup and view all the answers

    What type of immunity is granted to registered trade unions under the Trade Unions Act, 1926?

    <p>Criminal and civil immunity</p> Signup and view all the answers

    Members of registered trade unions can be punished for agreements made to further union objectives.

    <p>False</p> Signup and view all the answers

    Which section of The Trade Unions Act, 1926 grants immunity from civil liability?

    <p>Section 18</p> Signup and view all the answers

    The __________ Act protects the rights of registered trade unions in India.

    <p>Trade Unions</p> Signup and view all the answers

    Match the following sections of The Trade Unions Act, 1926 with their provisions:

    <p>Section 15 = Prohibitions on the use of general funds Section 17 = Criminal complicity in industrial conflicts Section 18 = Immunity from civil liability</p> Signup and view all the answers

    Which of the following is NOT a listed purpose for which trade union funds can be used?

    <p>Political campaigning</p> Signup and view all the answers

    Registered trade unions can use their general funds for any purpose the members choose.

    <p>False</p> Signup and view all the answers

    What is one of the primary objectives of the provisions under the Trade Unions Act, 1926?

    <p>To allow trade unions to engage in lawful union business without fear of legal repercussions.</p> Signup and view all the answers

    Who appoints the Appellate Authority under the Industrial Employment (Standing Orders) Act, 1946?

    <p>The appropriate Government</p> Signup and view all the answers

    The appropriate Government only refers to the State Government for all industrial establishments.

    <p>False</p> Signup and view all the answers

    What does the term 'Employer' encompass according to the Industrial Employment (Standing Orders) Act, 1946?

    <p>The owner of an industrial establishment, managers, heads of departments, and any person responsible for supervision.</p> Signup and view all the answers

    A __________ is a Labour Commissioner or a Regional Labour Commissioner appointed to perform functions under the Act.

    <p>Certifying Officer</p> Signup and view all the answers

    Which of the following is considered an industrial establishment?

    <p>A factory as defined by the Factories Act, 1948</p> Signup and view all the answers

    Match the terms with their definitions:

    <p>Appellate Authority = Authority appointed by Government for appeal functions Appropriate Government = Central or State Government based on control of establishment Certifying Officer = Labour Commissioner with defined functions Employer = Owner or responsible person in an industrial establishment</p> Signup and view all the answers

    An industrial establishment can only be a factory and not a railway.

    <p>False</p> Signup and view all the answers

    What is the primary responsibility of employers under the Industrial Employment (Standing Orders) Act, 1946?

    <p>To define and communicate the conditions of employment to their workers.</p> Signup and view all the answers

    What is included in the 'Standing Orders' according to the Industrial Disputes Act?

    <p>Classification of workmen</p> Signup and view all the answers

    The Standing Orders do not include provisions for the termination of employment.

    <p>False</p> Signup and view all the answers

    What term is used to describe the methods of notifying workmen about their work periods and pay?

    <p>Manner of intimating</p> Signup and view all the answers

    In Standing Orders, the term '_________' refers to employees who are temporarily employed or working on trial.

    <p>probationers</p> Signup and view all the answers

    Which of the following additional matters must be included in Standing Orders specifically for coal mines?

    <p>Medical aid in case of accident</p> Signup and view all the answers

    Name one act that constitutes misconduct as outlined in the Standing Orders.

    <p>Theft</p> Signup and view all the answers

    Match the following terms with their descriptions:

    <p>Wages = Compensation received by workers for their labor Workmen = Individuals employed to perform work in an industrial establishment Standing Orders = Rules governing terms of employment Probationers = Employees undergoing a trial period of employment</p> Signup and view all the answers

    Standing Orders require that provisions for __________ against unfair treatment be included.

    <p>redress</p> Signup and view all the answers

    Study Notes

    Trade Union Act 1926

    • Grants immunity to registered trade unions
    • Recognizes trade unions
    • Includes the Industrial Employment (Standing Orders) Act 1946

    Trade Union Definition

    • A trade union is "any combination" (temporary or permanent) formed primarily to regulate relations between workers (or employers)
    • Includes any federation of two or more trade unions
    • Aims to promote and protect workers' interests and welfare through collective action
    • Helps balance and improve employer-employee relations
    • Encourages discipline and responsibility among workers

    Trade Unions Act, 1926 (Introduction)

    • Deals with trade union registration, rights, liabilities and responsibilities
    • Ensures proper use of union funds
    • Grants legal and corporate status to registered unions
    • Protects unions from criminal and civil prosecution
    • Applicable to both worker unions and employer associations
    • Covers the entire country (India)

    Definitions (Section 2)

    • Executive: The body managing the trade union's affairs
    • Office-bearer: A member of the executive, excluding auditors
    • Registered office: The officially registered headquarters of a trade union
    • Registered trade union: A trade union registered under the Act

    Trade Dispute

    • A dispute between employers and workers, or workers and workers, or employers and employers
    • Concerns employment, non-employment, terms of employment, or labor conditions
    • "Workmen" encompasses all persons in trade or industry, regardless of employer

    Mode of Registration (Section 4)

    • Seven or more members can apply for trade union registration by subscribing to the union's rules and complying with the Act
    • A minimum of 10% or 100 (whichever is fewer) of the workers employed in the establishment (or industry) must be members of the union at the time of application

    Application for Registration (Section 5)

    • Applications must include copies of the trade union's rules and a statement of details
    • Details include member names, occupations, addresses
    • For worker unions, member addresses and work locations are needed
    • Includes trade union name, headquarters address, and officer titles, names, ages, addresses and occupations

    Recognition of Trade Unions

    • Indian Parliament passed the Indian Trade Union (Amendment) Act, 1947, intending to create Chapter III-A in the Trade Union Act of 1926
    • To outline conditions needed for official union recognition.
    • However, the chapter was never implemented.
    • Currently, no law mandates union recognition in India

    Need for Recognition (of Trade Unions)

    • Collective bargaining is part of the employer-employee relationship
    • While union registration is one step, official recognition as an exclusive bargaining representative is crucial
    • Recognition disputes have often led to industrial strikes
    • Management mainly bargains with recognised unions

    Rights Granted on Recognition

    • The lack of statutory provision for recognition means disputes cannot be resolved through writs
    • Recognition doesn't automatically create a legal right
    • Withdrawal of recognition does not violate any legal rights

    Methods of Recognition

    • Voluntary recognition: Employers willingly acknowledge union representation
    • Statutory recognition: Government regulations mandate employer recognition of specific unions

    Recognition by Management

    • Voluntary recognition crucial for union success
    • Essential for a trade union's effectiveness
    • Requires employer acknowledgement of legitimacy

    Election by Secret Ballot

    • All eligible workers vote for their preferred union
    • Typically through a neutral agent (e.g., Registrar of Unions)
    • Results usually valid for around two years

    Check-Off Method

    • Workers authorize deductions from wages for union fees and their transfer to the chosen union
    • Provides management with union strength insight
    • Prone to manipulation, requiring universal union acceptance

    Immunity Granted to Registered Trade Unions (Criminal)

    • Members and administrators of registered trade unions benefit from privileges and immunities under the Trade Unions Act 1926
    • Permits lawful union activities without fear of legal action

    Criminal Complicity (Section 17)

    • Agreement with another union member to pursue objectives (listed in section 15) can lead to penalties

    Importance Section 15

    • Funds, earnings, and benefits of unions cannot be used for other purposes
    • Covers administrative expenses, disputes, and compensation

    Civil Immunities (Section 18)

    • Registered trade unions, officers, and members are immune from civil liability in certain scenarios (trade disputes)
    • Protecting unions when engaging in actions related to trade disputes
    • Shielding from lawsuits relating to employment contracts, interference with business, or impairing workers' rights to capital or labor

    Industrial Employment (Standing Orders) Act, 1946

    • Establishes employment conditions in industries with 100 or more employees
    • Standing orders define recruitment, discharge, disciplinary actions, holidays, and leaves
    • Ensures clear definitions throughout the entire industry
    • Standing orders, when certified, must be displayed prominently

    Important Definitions

    • Appellate Authority: An official body designated to hear appeals
    • Appropriate Government: Central or State, depending on the industry
    • Certifying Officer: A Labour Commissioner or Regional Labour Commissioner

    Additional definitions

    • Employer: Includes industrial establishment owners, managers, department heads, and any authority appointed by the government or those responsible to the owners for the supervision/control of the establishment

    Industrial Establishment

    • (i) Defined by the Payment of Wages Act of 1936
    • (ii) Factories Act of 1948
    • (iii) Indian Railways Act of 1890
    • (iv) Establishments where people contract for a purpose(employing workers)

    Standing Orders

    • Rules related to the subjects defined in the Act schedule
    • "Wages" and "workmen" definitions from the Industrial Disputes Act

    Matters in Standing Orders

    • Worker classification (permanent/temporary, etc.)
    • Work timings, holidays, and wage rates
    • Attendance policies
    • Leave procedures and holiday entitlements
    • Entry restrictions for establishments
    • Industrial establishment closures and reopening matters

    Additional matters (coal mines, termination of employment, and redress measures)

    • Medical aid during accidents
    • Railway travel access
    • Vacancy filling processes
    • Employee transfer policies
    • Manager's liability and service certificates
    • Standing Orders exhibition

    Additional Matters in Standing Orders

    • Service records, age details, confirmation, transfers, medical support, and more
    • Includes legal requirements regarding gender equality and sexual harassment prohibitions within industries

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    Unit 3 Trade Union Act 1926 PDF

    Description

    Explore the Trade Union Act of 1926, which grants immunity to registered trade unions and recognizes their role in promoting workers' interests. This quiz covers definitions, rights, liabilities, and responsibilities under the act, along with its implications for employer-employee relations in India.

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