Background
Trade unions under the Industrial Relations Code, 2020, as aligned with the Gujarat Industrial Relations Rules, are organized bodies of workers formed to represent collective interests in employment-related matters. They play a central role in ensuring effective communication with employers, safeguarding workers’ rights, and facilitating fair negotiation on service conditions. The framework aims to streamline registration, recognition, and functioning of trade unions, promoting orderly and transparent industrial relations within establishments.
Applicability
The Industrial Relations Code, 2020 applies uniformly across India, including Gujarat, from the date it was brought into force by the Central Government. In Gujarat, the IR Code applies to all establishments covered under the Code. Provisions relating to standing orders apply to establishments with 300 or more workers, while rules on trade unions, dispute resolution, and employer-employee relations apply broadly to all applicable industries and establishments operating within the state.
Compliance Requirements under the Rules In accordance with the Code
A Certificate of Registration of Trade Union is an official document issued by the Registrar of Trade Unions under the Industrial Relations Code 2020
Seven or more members of a Trade Union can apply for registration under this Code by subscribing their names to the Trade Union’s rules and complying with registration provisions.
Every application for registration of a Trade Union shall be made to the Registrar electronically or otherwise and be accompanied by—
(a) a declaration to be made by an affidavit in such form and manner as may be prescribed;
(b) copy of the rules of the Trade Union together with a copy of the resolution by the members of the Trade Union adopting such rules;
(c) a copy of the resolution adopted by the members of the Trade Union authorising the applicants to make an application for registration; and
(d) in the case of a Trade Union, being a federation or a Gujarat organisation of Trade Unions, a copy of the resolution adopted by the members of each of the member Trade Unions, meeting separately, agreeing to constitute a federation or a Gujarat organisation of Trade Unions.
All communications and notices to a registered Trade Union must be sent to the union’s head office, and the union must inform the Registrar if its members are below 10%.
Trade Union shall inform Registrar if its members falls below 10% of total workers or100 workers, whichever is less. It shall inform Registrar of any change in particulars given by it in its application for registration and in its constitution or rules, in prescribed manner.
There shall be a negotiating union or a negotiating council, as the case may be, in an industrial establishment having registered Trade Union for negotiating with the employer of the industrial establishment, on such matters as may be prescribed.
1) Where only one registered trade union is functioning in an industrial establishment, then employer shall recognise such Trade Union as sole negotiating union of workers
2) Where more than one registered trade union are functioning in an industrial establishment, then trade union having 51% or more workers on muster roll shall be recognised by employer as sole negotiating union of workers
3) If more than one registered trade union are functioning and no such Trade Union has 51% or more of workers on muster roll, then, there shall be constituted by employer, a negotiating council for negotiation consisting of representatives of such registered trade union which have support of not less than 20% of total workers on muster roll and such representation shall be of one representative for each 20% and for remainder after calculating membership on each 20%
4) Validity of recognition is 3 years from date of recognition/constitution or for period not exceeding 5 years as mutually decided
The text of the standing order as finally certified or deemed to have been certified or adopted model standing order under this Chapter shall be maintained by the employer in English and in Gujarati
Penalty & Punishment
As per Section 86(20): Any person who contravenes any other provision of this Code not covered under sub-sections (1) to (19) or the rules or regulations framed under this Code shall be punishable with fine which may extend to one lakh rupees
Consequences for not obtaining Certificate of registration of a Trade Union can be:
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