Objectives
–Provides for registration of trade unions with a view to render lawful organization of labor to enable collective bargaining
Scope and Coverage
–Extends to whole of India and applies to all kind of unions of workers and associations of employees which aim at regularizing the labor management relations
Meaning
As per section 2(u), a trade union means any combination, whether temporary or permanent, formed primarily to regulate the relations between workmen and employers or workmen and workmen or employers and employers and for imposing any restrictive conditions on the conduct of any trade or business
Salient Provisions
Registrations of Trade Unions
–Not compulsory but desirable
Minimum of 7 workers to form a trade union
Apply to registrar for the registration
Prescribed format accompanied by prescribed fee, a copy of rules of the union signed by at least 7 members
Registrar issues a certificate of registration which shall be conclusive evidence of its registration
Who can be a member
Any person who has attained the age of 15 years, is eligible to be a member of a registered trade union, subject to the rules of the union
Appointment of office bearers
–At least 50% of the office bearers of union should be actually engaged or employed in the industry with which trade union is concerned, and the remaining can be outside such as lawyer, politicians, social workers, etc.
Cancellation of registration
Registrar can cancel or withdraw the registration on an application being made for its cancellation or by giving at least 2 months notice
–If registration has been obtained by fraud or mistake
–If the union has ceased to exist
–If it has willfully contravened any of the provision of the act
–If any rule which is required under section (6) has been deleted
Dissolution of trade unions
By sending a notice of dissolution signed by 7 members and a Secretary of the union, to the registrar within 14 days of dissolution
Funds will be divided in the manner prescribed under the rules of the union or as laid down by the government
Obligations and Rights of registered trade unions
General funds should be spent only for the objects specified under section 15
Account books and membership should be kept open for inspection
A copy of every alteration should be sent to the registrar within 15 days
A trade union has a right to
–Demonstrate
–Appeal against an order of registrar to the court
The minimum wages act
Objectives:
–Envisages to provide minimum statutory wages for schedule employments with a view to obviate the chances of exploitation of labor through payment of very low and sweating wages
Historical Background:
Newzealand in 1894 and in the Australian state of Victoria in 1896
Definition and features
Wages means all remuneration, capable of being expressed in terms of Money
Bound to pay to every employee in a scheduled employment under him wages less than the minimum wages rate and also without making any deduction except permitted in the Payment of Wages act
Wage should be in cash. Appropriate government may partly pay in cash or in kind, or give essential commodities
Overtime wages for every hour or for part of an hour
Right to fight claim arising out non payment of minimum wages, or hours, or overtime wages
Scope and Coverage
Extends to the whole of India and applies to all establishments employing one or more persons and engaged in any of the scheduled employments
–Provides for registration of trade unions with a view to render lawful organization of labor to enable collective bargaining
Scope and Coverage
–Extends to whole of India and applies to all kind of unions of workers and associations of employees which aim at regularizing the labor management relations
Meaning
As per section 2(u), a trade union means any combination, whether temporary or permanent, formed primarily to regulate the relations between workmen and employers or workmen and workmen or employers and employers and for imposing any restrictive conditions on the conduct of any trade or business
Salient Provisions
Registrations of Trade Unions
–Not compulsory but desirable
Minimum of 7 workers to form a trade union
Apply to registrar for the registration
Prescribed format accompanied by prescribed fee, a copy of rules of the union signed by at least 7 members
Registrar issues a certificate of registration which shall be conclusive evidence of its registration
Who can be a member
Any person who has attained the age of 15 years, is eligible to be a member of a registered trade union, subject to the rules of the union
Appointment of office bearers
–At least 50% of the office bearers of union should be actually engaged or employed in the industry with which trade union is concerned, and the remaining can be outside such as lawyer, politicians, social workers, etc.
Cancellation of registration
Registrar can cancel or withdraw the registration on an application being made for its cancellation or by giving at least 2 months notice
–If registration has been obtained by fraud or mistake
–If the union has ceased to exist
–If it has willfully contravened any of the provision of the act
–If any rule which is required under section (6) has been deleted
Dissolution of trade unions
By sending a notice of dissolution signed by 7 members and a Secretary of the union, to the registrar within 14 days of dissolution
Funds will be divided in the manner prescribed under the rules of the union or as laid down by the government
Obligations and Rights of registered trade unions
General funds should be spent only for the objects specified under section 15
Account books and membership should be kept open for inspection
A copy of every alteration should be sent to the registrar within 15 days
A trade union has a right to
–Demonstrate
–Appeal against an order of registrar to the court
The minimum wages act
Objectives:
–Envisages to provide minimum statutory wages for schedule employments with a view to obviate the chances of exploitation of labor through payment of very low and sweating wages
Historical Background:
Newzealand in 1894 and in the Australian state of Victoria in 1896
Definition and features
Wages means all remuneration, capable of being expressed in terms of Money
Bound to pay to every employee in a scheduled employment under him wages less than the minimum wages rate and also without making any deduction except permitted in the Payment of Wages act
Wage should be in cash. Appropriate government may partly pay in cash or in kind, or give essential commodities
Overtime wages for every hour or for part of an hour
Right to fight claim arising out non payment of minimum wages, or hours, or overtime wages
Scope and Coverage
Extends to the whole of India and applies to all establishments employing one or more persons and engaged in any of the scheduled employments
