written by khatabook | March 17, 2023

3 Key Functions of Trade Unions under the Trade Union Act 1926

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"The Trade Union Act of 1926 outlines the 3 key functions of trade unions in India. These include representation of workers' interests, collective bargaining with employers, and providing support and protection for workers. Trade unions play a vital role in protecting workers' rights and improving their working conditions, as well as promoting industrial peace and stability.”

A trade union is an organised group of workers in India who come together to promote and protect their rights in the workplace. Trade unions play a key role in promoting the interests of workers and providing them with the resources and support they need to ensure their rights are respected. This article will provide an overview of trade unions in India, highlighting their functions, benefits, and key challenges. Additionally, it will look at the legal framework for trade unions in India and their implications for workers. 

Did you know that trade unions in India are associations of workers formed to protect and promote their interests and rights? 

What is a Trade Union? 

A trade union is a voluntary organisation of workers that aims to protect and promote the interests of its members through collective bargaining and collective action. Trade unions are often formed by employees in a particular industry or occupation, and they negotiate with employers on issues such as wages, benefits, working conditions, and labour practices. Trade unions also advocate for their members on a wide range of issues, such as employment rights, health and safety, and social justice. Trade unions are governed by their constitutions and democratic structures, and membership is usually open to any worker who wishes to join. 

History of Trade Unions 

The history of trade unions in India dates to the late 19th and early 20th centuries when the country was still under British colonial rule. During this period, many trade unions were formed in response to poor working conditions and low wages in various industries. 

One of the earliest and most influential trade unions in India was the Bombay Mill Hands Association, which was formed in 1890 to represent textile workers in Bombay (now Mumbai). Other early trade unions included the Printers Union and the Postal Union, both formed in the 1920s. 

Trade Unions in Today’s Era

After India gained independence in 1947, the government passed a few laws to protect the rights of workers and encourage the growth of trade unions. The Trade Unions Act of 1926 established a legal framework for the formation and registration of trade unions. The Industrial Disputes Act of 1947 provided for the settlement of industrial disputes through negotiation and conciliation. 

Today, trade unions continue to play a significant role in India's labour market, representing the interests of workers in various industries and negotiating with employers on issues such as wages, benefits, and working conditions. 

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What Are the Three Key Functions of a Trade Union? 

Trade unions have three primary functions, which include: 

1. Collective Bargaining

Trade unions negotiate with employers on behalf of their members on issues such as wages, benefits, and working conditions. 

2. Advocacy

Trade unions advocate for their members on a wide range of issues, including employment rights, health and safety, and social justice. 

3. Representation

Trade unions represent their members in discussions with employers and in legal proceedings, such as grievance and arbitration hearings. 

The Role of Trade Unions in the Workplace 

Trade unions play a significant role in promoting and protecting the interests of workers in India. They are responsible for safeguarding workers’ rights and ensuring that employers comply with labour laws. Trade unions also strive to improve the working conditions of their members by negotiating with employers over wages, hours, benefits, and other working conditions.

They strive to ensure that workers are not exploited and are provided with a safe and healthy working environment. Trade unions also play a critical role in protecting and promoting the rights of workers to collective bargaining and collective action. They also help in resolving workplace disputes and grievances and can provide legal assistance when needed. Furthermore, trade unions can help workers receive training and education to become more productive and better equipped to take on more challenging roles in their workplaces. 

All About Trade Union Act 1926 

The Trade Union Act of 1926 is legislation in India that provides for the country's registration and regulation of trade unions. The act consists of the following:

  • The act defines a trade union as "any combination, whether temporary or permanent, formed primarily to regulate the relations between workmen and employers or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade unions." 

  • Under the act, trade unions must register with the government to be recognised as legal entities. To be eligible for registration, a trade union must have at least seven members and not be affiliated with any political party. 

  • The act also sets out the rights and responsibilities of trade unions, including the right to negotiate with employers on behalf of their members. In addition, trade unions have the right to take collective action, and the responsibility to maintain financial records and submit annual reports to the government. 

  • The Trade Union Act of 1926 has been amended several times since its inception, with the most recent amendments being made in 2001. The Act is administered by the Ministry of Labor and Employment in India. 

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What Are the Rights and Protections of Trade Union Members? 

Trade union members in India have several rights and protections under the Trade Union Act of 1926 and other labour laws. Some of these rights and protections include: 

  • Right to Form a Trade Union: Workers have the right to form a trade union and to join a union of their choice. 

  • Right to Collective Bargaining: Trade unions have the right to negotiate with employers on behalf of their members on issues such as wages, benefits, and working conditions. 

  • Right to Take Collective Action: Trade unions have the right to take collective action, such as strikes, to promote the interests of their members. 

  • Right to Legal Representation: Trade unions have the right to represent their members in legal proceedings, such as grievance and arbitration hearings. 

  • Protection Against Discrimination: Trade union members are protected against discrimination based on union membership or participation in union activities. 

  • Protection Against Dismissal: Trade union members are protected against dismissal without just cause. 

  •  Right to Education and Training: Trade unions may provide education and training opportunities for their members to help them stay up to date on labour laws and other critical issues. 

  • Social Support: Trade unions may offer social support to their members, including legal assistance and financial support in times of need. 

How to Join a Trade Union? 

In India, employees can join a trade union by contacting the union and expressing their interest in becoming a member. Most trade unions have an application process that includes completing a membership form and paying any required fees or dues. 

To find a trade union to join, employees can: 

  • Ask colleagues or other union members for recommendations or contact information for unions in their industry or occupation. 

  • Contact their human resources department or employer for information on unions that represent workers in their company or industry. 

  • Search online for trade unions in their industry or occupation. 

  • Contact the Ministry of Labor and Employment or the Indian Trade Union Congress for information on registered trade unions in India. 

Once they have found a trade union they would like to join, employees can contact the union to request more information and begin the membership process. Employees must carefully consider the benefits and responsibilities of union membership before deciding to join. 

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What are the Benefits of Being a Trade Union Member? 

The following are the benefits that are received by members of the trade union:

1. Representation

Trade unions provide members with a collective voice and the ability to negotiate and bargain with employers. Union members can come together and ensure their concerns are heard and their rights protected.  

2. Job Security

Being a union member gives you more job security and protection from unfair dismissal. Unions can negotiate better working conditions and often have grievance procedures in place if a dispute arises.  

3. Improved Wages and Benefits

Unions can negotiate better wages and benefits for their members, such as holiday pay, sick pay, and pension schemes.  

4. Health and Safety

Unions can negotiate improved health and safety standards in the workplace and ensure these standards are enforced. This can help prevent workplace injuries and illnesses.  

5. Legal Advice

Unions often have experienced legal professionals on hand to provide advice and support to their members. This can be invaluable if a dispute arises.  

Conclusion 

In conclusion, trade unions in India have played a crucial role in the Indian labour force since Independence. While some of the issues they face have changed over the years, they continue to be the voice of workers and strive to protect their rights and interests. Trade unions have brought about positive change in workers' working conditions and have been successful in pushing the government to introduce labour laws and reforms. They have also been successful at bargaining with employers to obtain better wages and working conditions for their members. Trade unions have come a long way in India and continue to be a powerful force for positive change. 

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FAQs

Q: What are the legal rights of members of trade unions in India?

Ans:

The legal rights of members of trade unions in India are defined by the Trade Unions Act of 1926. These rights include the right to collective bargaining, the right to strike, the right to legal representation, and the right to dispute resolution.

Q: What are the benefits of being a member of a trade union in India?

Ans:

The benefits of being a member of a trade union in India include collective bargaining, legal representation and advice, dispute resolution, and other services. Additionally, some trade unions in India may offer additional benefits such as access to health insurance, education, and other benefits.

Q: How do I join a trade union in India?

Ans:

To join a trade union in India, one must be a worker or an employee of an organisation. The employee must then contact the union and fill out an application form. Once approved, the employee will become a member of the union.

Q: What is a trade union in India?

Ans:

A trade union in India is an organisation of workers and employees that represent their rights and interests in the workplace. It provides collective bargaining, legal representation and advice, dispute resolution, and other services for its members.

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Disclaimer :
The information, product and services provided on this website are provided on an “as is” and “as available” basis without any warranty or representation, express or implied. Khatabook Blogs are meant purely for educational discussion of financial products and services. Khatabook does not make a guarantee that the service will meet your requirements, or that it will be uninterrupted, timely and secure, and that errors, if any, will be corrected. The material and information contained herein is for general information purposes only. Consult a professional before relying on the information to make any legal, financial or business decisions. Use this information strictly at your own risk. Khatabook will not be liable for any false, inaccurate or incomplete information present on the website. Although every effort is made to ensure that the information contained in this website is updated, relevant and accurate, Khatabook makes no guarantees about the completeness, reliability, accuracy, suitability or availability with respect to the website or the information, product, services or related graphics contained on the website for any purpose. Khatabook will not be liable for the website being temporarily unavailable, due to any technical issues or otherwise, beyond its control and for any loss or damage suffered as a result of the use of or access to, or inability to use or access to this website whatsoever.