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What defines a trade union?
What defines a trade union?
A trade union can be registered with fewer than seven members.
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?
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.
A __________ means any dispute related to employment or labor conditions.
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Match the following terms with their definitions:
Match the following terms with their definitions:
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Which of the following is not a condition for a trade union of workmen to be registered?
Which of the following is not a condition for a trade union of workmen to be registered?
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The registration of a trade union requires a copy of the union's rules.
The registration of a trade union requires a copy of the union's rules.
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Who must make the application for registration of a trade union?
Who must make the application for registration of a trade union?
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What year was the Indian Trade Union (Amendment) Act passed?
What year was the Indian Trade Union (Amendment) Act passed?
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There is currently a central law in India that mandates the recognition of trade unions.
There is currently a central law in India that mandates the recognition of trade unions.
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What are the two distinct processes involved in trade unions regarding collective bargaining?
What are the two distinct processes involved in trade unions regarding collective bargaining?
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Recognition of trade unions is crucial for __________ between employers and employees.
Recognition of trade unions is crucial for __________ between employers and employees.
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In the case of Workmen of Kampali Co-operative Sugar Factory Ltd., what did the court rule regarding trade union recognition?
In the case of Workmen of Kampali Co-operative Sugar Factory Ltd., what did the court rule regarding trade union recognition?
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The withdrawal of recognition from a trade union does not violate any legal __________.
The withdrawal of recognition from a trade union does not violate any legal __________.
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Match the following terms with their descriptions:
Match the following terms with their descriptions:
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What primarily triggers industrial strikes involving trade unions?
What primarily triggers industrial strikes involving trade unions?
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What is the main difference between voluntary recognition and statutory recognition of trade unions?
What is the main difference between voluntary recognition and statutory recognition of trade unions?
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Recognition by management is not important for a trade union's effectiveness in collective bargaining.
Recognition by management is not important for a trade union's effectiveness in collective bargaining.
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What method allows workers to authorize the deduction of union fees from their wages?
What method allows workers to authorize the deduction of union fees from their wages?
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The ____ method relies on workers to vote for their preferred trade union, conducted by a neutral agent.
The ____ method relies on workers to vote for their preferred trade union, conducted by a neutral agent.
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Match the following trade union recognition methods with their descriptions:
Match the following trade union recognition methods with their descriptions:
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What does the Election by Secret Ballot typically assess?
What does the Election by Secret Ballot typically assess?
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What is the purpose of the Check-Off method in trade unions?
What is the purpose of the Check-Off method in trade unions?
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The results of the Election by Secret Ballot remain valid for a lifetime.
The results of the Election by Secret Ballot remain valid for a lifetime.
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What type of immunity is granted to registered trade unions under the Trade Unions Act, 1926?
What type of immunity is granted to registered trade unions under the Trade Unions Act, 1926?
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Members of registered trade unions can be punished for agreements made to further union objectives.
Members of registered trade unions can be punished for agreements made to further union objectives.
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Which section of The Trade Unions Act, 1926 grants immunity from civil liability?
Which section of The Trade Unions Act, 1926 grants immunity from civil liability?
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The __________ Act protects the rights of registered trade unions in India.
The __________ Act protects the rights of registered trade unions in India.
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Match the following sections of The Trade Unions Act, 1926 with their provisions:
Match the following sections of The Trade Unions Act, 1926 with their provisions:
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Which of the following is NOT a listed purpose for which trade union funds can be used?
Which of the following is NOT a listed purpose for which trade union funds can be used?
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Registered trade unions can use their general funds for any purpose the members choose.
Registered trade unions can use their general funds for any purpose the members choose.
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What is one of the primary objectives of the provisions under the Trade Unions Act, 1926?
What is one of the primary objectives of the provisions under the Trade Unions Act, 1926?
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Who appoints the Appellate Authority under the Industrial Employment (Standing Orders) Act, 1946?
Who appoints the Appellate Authority under the Industrial Employment (Standing Orders) Act, 1946?
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The appropriate Government only refers to the State Government for all industrial establishments.
The appropriate Government only refers to the State Government for all industrial establishments.
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What does the term 'Employer' encompass according to the Industrial Employment (Standing Orders) Act, 1946?
What does the term 'Employer' encompass according to the Industrial Employment (Standing Orders) Act, 1946?
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A __________ is a Labour Commissioner or a Regional Labour Commissioner appointed to perform functions under the Act.
A __________ is a Labour Commissioner or a Regional Labour Commissioner appointed to perform functions under the Act.
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Which of the following is considered an industrial establishment?
Which of the following is considered an industrial establishment?
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Match the terms with their definitions:
Match the terms with their definitions:
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An industrial establishment can only be a factory and not a railway.
An industrial establishment can only be a factory and not a railway.
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What is the primary responsibility of employers under the Industrial Employment (Standing Orders) Act, 1946?
What is the primary responsibility of employers under the Industrial Employment (Standing Orders) Act, 1946?
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What is included in the 'Standing Orders' according to the Industrial Disputes Act?
What is included in the 'Standing Orders' according to the Industrial Disputes Act?
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The Standing Orders do not include provisions for the termination of employment.
The Standing Orders do not include provisions for the termination of employment.
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What term is used to describe the methods of notifying workmen about their work periods and pay?
What term is used to describe the methods of notifying workmen about their work periods and pay?
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In Standing Orders, the term '_________' refers to employees who are temporarily employed or working on trial.
In Standing Orders, the term '_________' refers to employees who are temporarily employed or working on trial.
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Which of the following additional matters must be included in Standing Orders specifically for coal mines?
Which of the following additional matters must be included in Standing Orders specifically for coal mines?
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Name one act that constitutes misconduct as outlined in the Standing Orders.
Name one act that constitutes misconduct as outlined in the Standing Orders.
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Match the following terms with their descriptions:
Match the following terms with their descriptions:
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Standing Orders require that provisions for __________ against unfair treatment be included.
Standing Orders require that provisions for __________ against unfair treatment be included.
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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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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.
