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By Ebrahim Noorani
PGDBM-P1034
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It extends to the whole of India.
DEFINATION
Appropriate Government: For the tradeunions whose objects are not confined toone state, the appropriate government willbe the Central Government, for others itllbe the State Government.
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Trade dispute: It means any dispute betweenemployers and workmen or between workmenand workmen, or between employers andemployers which is connected with the
employment, or non-employment or theconditions of labour, of any person.
Workmen: Means all persons employed in tradeor industry whether or not in the employmentof the employer with whom the trade disputearises.
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Trade Union: It means combination whether temporary orpermanent formed primarily for the purpose of
regulating the relations
for imposing restrictive condition on the conduct of any trade orbusiness,
can be between workmen and employers or between workmenand workmen, or between employers and employers
It can include any federation of two or more Trade Unions.
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The appropriate Government appoints aperson to be the Registrar of Trade Unionsfor each State. It may also appointAdditional and Deputy Registrars of TradeUnions.
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Any seven or more members of a Trade Union may apply forregistration of the Trade Union under this Act:
by subscribing their names to the rules of the Trade Union
and by complying with the provisions of this Act with respect toregistration.
An application for the registration of a Trade Union shall notbecome invalid merely for the reason that at any time after
the date of the application, but before the registration of theTrade Union some of the applications (not exceeding half ofthe total number of the persons who made the application)have ceased to be members of the Trade Union.
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Application for registration of a Trade Union shall be made tothe Registrar and shall be accompanied by:
copy of the rules of the Trade Union
statement of the following particulars, namely:- The names, occupations and addresses of the members making the
application.
The name of the Trade Union and the address of its head office.
Where a Trade Union has been in existence for more than oneyear before the making of an application for its registration itneeds to submit a statement of the assets and liabilities heldby it.
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A Trade Union shall not bee entitled to registration under thisAct, unless the executive is constituted in accordance withthe provisions of this Act, and the rules provided forfollowing matters:
the name of the Trade Union
the object for which the Trade Union has been established
the purposes for which the general funds of the Trade Union shall
be applicable.
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The Registrar can call for further information for the purposeof checking the compliance of the application with respect toSec 5 and Sec 6 of the Trade Union Act.
He may refuse to register the Trade Union until such informationis supplied.
If the name under which a Trade Union is proposed to beregistered is identical or it nearly resembles with that of anyother existing Trade Union, the Registrar shall require thepersons applying for registration to alter the name of theTrade Union stated in the application.
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The Registrar, on being satisfied that theUnion has complied with all therequirements of this Act in regard toregistration, shall register the Trade Union.
Note:This section is mandatory. The Registrarcannot refuse to register a Trade Union if
the application for registration complieswith the technical requirement as laid downin this Act.
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The Registrar registering a Trade Unionunder Section 8, shall issue a certificate ofregistration which shall be conclusive thatthe Trade Union has been duly registeredunder this Act.
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A certificate of registration of a Trade Union may be withdrawnor cancelled by the Registrar:
On the application of the Trade Union
If the Registrar is satisfied that the certificate has been obtainedby fraud or mistake
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Any person aggrieved by any refusal of theRegistrar to register a Trade Union or by thewithdrawal or cancellation of a certificate ofregistration may appeal to the prescribedcourts.
The Appellate Court may dismiss the appeal, orpass an order directing the Registrar to registerthe Union and to issue a certificate ofregistration or setting aside the order forwithdrawal or cancellation of the certificate, asthe case may be, and the registrar shall complywith such order.
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All communications and notice to a registered Trade Union maybe addressed to its registered office.
Notice of any change in the address of the head office shall begiven within fourteen days of such change to the Registrar in
writing.
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Every registered Trade Union:
shall be a body corporate by the name under which it is registered
shall have perpetual succession and a common seal
power to acquire and hold both movable and immovable property
it can, by the said name sue and be sued.
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The Societies Registration Act, 1863.
The Co-operative Societies Act, 1912.
The Companies Act, 1956
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The payment of salaries, allowances and expenses to officebearers of the Trade Union.
The payment of expenses for the administration of the TradeUnion including audit of the accounts of the general funds.
The compensation to members for loss arising out of tradedisputes;
Allowance to members or their dependants on account ofdeath, old age, sickness, accidents or unemployment of suchmembers;
The provision of educational, social or religious benefits formembers or for the dependants of members
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A registered Trade Union may constitute a separate fund, fromwhich payments may be made, for the promotion of the civicand political interest of its members.
No member shall be compelled to contribute to the fund.
Member who does not contribute to the said fund shall not beexcluded from any benefits of the Trade Union
Contribution to the said fund shall not be made a condition for
admission to the Trade Union.
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The account books of a registered TradeUnion and the list of members shall be opento inspection by any member of the TradeUnion.
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Any person who has attained the age offifteen years may be a member of registeredTrade Union subject to any rules of theTrade Union to the contrary.
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Every organisation hears what employeessays, Good organisation listens to whatemployees have to say but organisations withemployee welfare schemes listens what
employees dont say
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Relates to taking care of the well being of workers byemployers, trade unions, governmental and non-
governmental organizations.
Referred to as betterment work for employees.
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Labor welfare is a term which must
necessarily be elastic, bearing a somewhat
different interpretation in one country from
another, according to different social customs,the degree of industrialization and educational
level of workers.
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Motivates employees
Employee Retention
Minimized social evils
Better Job satisfaction Cuts down labor turnover
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Huge investment
Employees being dissatisfied
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Inside the work place-Intra mural facilities Facilities within the factories like medical,
compensation, drinking water
Outside the work place-Extra mural facilities Facility provided outside the factories like
accommodation, recreational facilities, educationalfacilities
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Conditions of environment Safety and cleanliness of the work environment
Good house keeping-compound walls and lawns
Convenience and comfort-illumination, seating
arrangements Safety measures-machine fencing, goggles, first
aid, helmets
Visible posters and warnings
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Convenience Provisions for wash basins, bathrooms and
waste disposal
Provision for drinking water
Canteen service
Recreation rooms, rest rooms and libraries.
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Women and child welfare Maternity aid
Child care
Separate facilities for women Womens recreation
Family planning services
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Comfortable and hygienic residences Sanitation and water disposal
Proper roads and lighting facility
Plentiful markets Security
Health and medical services Welfare activities by the government Factories Act of 948 Washing facilities
Rest rooms
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First aid boxes Canteen and shelters
Crche for more than 30 women
Welfare officers for more than 500 workers
Mines Act of 952 Crches for more than 50 women
Canteen for more than 150 workers
Shelter for more than 250 workers
Shower baths and sanitary latrines
Welfare officer for more than 500 workers
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Plantation Act of 95 Recreation facility for workers and their
children
Educational facility
Housing facility for all workers
Umbrellas, blankets, raincoats and otheramenities
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ObjectivesMotivation, Retention, Raise the Standard of living,
Prevent Social evils Agencies
Central, State Government, Social organizations
Rangei) Type of facilities
ii) Coverage of employees
Timeliness
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The Factories Act ,1948 mandates that every industrialestablishment must appoint a welfare officerif the
number of employees is 500 or more.
It is argued that the prime responsibility for welfare
should rest with the line manageror the HR manager.
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Effectiveness of welfare must be assessed periodically.
Two methods of assessment :
i) Trend Analysisii) Opinion Survey
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The term fringe benefits refers to the extrabenefits provided to employees in addition tothe normal compensation paid in the form ofwage or salary.
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To create & improve sound industrialrelations.
To promote employees welfare. To motivate the employees by identifying &
satisfying their unsatisfied needs. To provide security to the employees against
social risks like old age benefits & maternitybenefits.
To provide safety against accidents.
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Employees demand Trade union demand
Employers preference
As a social security
To improve human relations
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1. Legally required payments- Old age, survivors, disability and healthinsurance (commonly known as social security)
- Workers compensation- Unemployment compensation
2. Contingent and Deferred benefits- Pension plans
- group life insurance- military leave and pay- maternity leave- child care leave & sick leave etc.,
3. Payments for time not worked- vacations & holidays
- voting pay allowances4.Other benefits
- travel allowances & moving expenses- uniform tool expenses
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THANKYOU
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