wageindicator logo Paycheck.in You Share, We Compare

India: The right to freedom of association is enshrined in the constitution and guaranteed under the Trade Union Act. According to the Constitution, all citizens have the right to form associations or unions or co-operative societies. The Trade Union Act defines trade union as any combination, whether temporary or permanent, formed primarily for the purpose of regulating 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. A Trade Union must get registered by depositing the application to the Registrar, along with a copy of the rules of the Trade Union and a statement containing following particulars: names, occupations and addresses of the members making the application; the name of the Trade Union and the address of its head office; and the titles, names, ages, addresses and occupations of the office-bearers of the Trade Union. The Registrar, on being satisfied that the Trade Union has complied with all the requirements of this Act in regard to registration, shall register the Trade Union by entering in a register and issuing the registration certificate in the prescribed form which is the conclusive evidence that the Trade Union has been duly registered under this Act. A written notice, signed by the Secretary and seven members, is submitted to the registrar to change the name or for amalgamation of the Trade Unions. Source: §19 of Indian Constitution 1949 last revised in 2012; § 2-9 & 25 of the Trade Union Act, 1926

India: Right to strike is guaranteed under the Constitution and the Industrial Dispute Act. However, excessively long cooling off period, excessive penal sanction for unauthorised strikes and a long list of essential services frustrate this right. In accordance with the Indian Constitution, all citizens have the right to assemble peacefully without arms. Strike is a cessation of work by a body of persons employed in any industry acting in combination or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment. Members of a union must inform the employer at least six weeks prior to the proposed date of strike. Employer, within five days, notifies the appropriate Government or the authority about the notification. It is considered as a breach of contract if union members observe strike within 14 days or any time prior to expiry of notice period. Strike is also prohibited when the dispute resolution is in process. Financial aid in direct furtherance of support of illegal strike by anyone is prohibited. Employers also have the right to lockout workers. This right is subject to the same rules and restrictions as the right to strike. Source: § 2, 22-25 of the Industrial Disputes Act 1947
Cite this page © WageIndicator 2017 - Paycheck.in - Maps - Trade Union Rights in India