View Full Version : What is Trade Union and What is the Procedure for its registration by whom

06-04-2015, 11:02 PM
1. INTRODUCTION: By virtue of Article 17 of Constitution of Pakistan. 1973; every citizen as the right to form an association or union. The main object of I.R.0 2002 is to provide a Dame work within which the conflicts inherent in a worker-employer relationship may be peacefully resolved. It can be done only •Thrbugh the medium of Trade unions. 11.0. 2002 provides the procedure of registration of Trade Unions.
2. RELEVANT PROVISIONS: Following are the relevant, provisions of I.R.O. 2002 regarding the concerned topic. Section 4, 5, 6. 9, and 12 of Industrial Relations ordinance, 2002.
3. DEFINITION OF TRADE UNION U/SEC 2 (XXIX): Trade Union means comburkers formed primarily or the purposerthermg an e en Iry t interests and rights of workers in any industry or establishment and it includes an industry-wise federation of two or more
collective bargaining agent unions and a Iederarron r Tore collective bargaining agent unions at the national level,
4. REGISITRATION OF TRADE UNION: Following is the procedure for registration of trade F(I) APPLICATION U/SEC 4 . Any trade union' may under the signatures of its *president and General secretary apply for its registration under this ordinance.
(II) REG QUIREMENTS FOR APPLICATION U/SEC 5 An application shall be made to the Registrar and shall be accompanied by following.
(i) Statement There must be a statement showing. a. The name and address of the head office of trade union. b. Date of formatioh of trade union. c. Information e.g. names. ages etc about the office bearers of the trade union. d. Statement of total paid membership. e. Name of establishment etc. to which the trade union . relate alongwith a statement of the total number of workers employed therein. f. Names and addresses of other registered trade unions in the sameestablishment etc. g. Names, addresses and registration number of member trade unions, in case the application is made by a federation of trade unions: (ii) Copies of Constitution Theft must be three copies of the constitution of the trade union together with a copy of the resolution by the embers of the trade union adopting such constitution bearing e signatures of the chairman of the meeting. ii) Copy of Resolution A copy of the resolution by the members of the trade lion which authorizes its pre dent and the General secretary apply for its registration. v) Copy of Resolution in Case of Application Made by Federation or Confederation Where application for registration is made by_ a deration or confederation, then a copy cl the resolution from ch of the constituent unions agmisq42?■ne a ember of federation or confederation of trade unions.- REQUIREMENTS FOR REGISTRATION U/SEC 6:-It is necessary for the registration of trade union that its institution must provides for the following matters.
) NAME AND ADDRESS:-It must Provide the names and address of the trade
i) OBJECT:-It contains the objects for which the trade union has en formed.
It must provide the purpose for which the general funds if the union shall be applicable. iv) EXCUTIVE BODY:-It provides the number of persons forming the executive t shall include at least seventy five percent from amongst the workmen actually engaged or employed in the estaollshmen( ;tc.
:v), CONDITIONS FOR BENEFIT AND PENALTY OF MEMBERS:- nit must provides the condiffOnS image wruch a member ;hill be entitled to any benefit or liable to any fine or Forfeiture.
(vi) LIST OF MEMBER:-The maintenance of a list of the members of the trade union and of adequate facilities for the inspection thereof by the office bearers and memi)ers of the trade union. (vii) PROCEDURE FOR CHANGE IN _CONSTITUTION:- The constitution shall state the manner in which it shall be amended, varied or rescinded. (viii) INFORMATION REGARDING FUNDS AND AUDIT:- tt_ must provide the safe custody of the funds of the trade union, its annual audit and manner of doing it and the facilities for inspection of the account books by the office bearers and members of trade union. (ix) MODE OF DISSOLUTION:-The Constitution must lay down the manner in which _ the trade union may be disso
(x) ELECTION PROCEDURE? It must provide the term of office bearers which must iiiieramainot exceeded revvaewevears and the manner of electing them by the
xi NON CONFIDENCE PROs Constitution must rovide the procedure for showin non-confidence on an
office be o e tea c union. xii MEETINGS SCHEDULE•-
It must rove& the schedule of the meetings of the -executive and of themede union. o that the executive shat the eneral body at least once eve ear. I OTHER REQUIREMENTS U/SEC _6(21:
ncral hod
of th
ur months an
For istration of trade union of workmen, following requirements has to be fulfilled. (I) Requirements Regarding its Members:- All the members of the trade union should be workers actual! en a e or em In ed in the establishment or industry with which the trade union is connected ;ii) Number of Members Where There is Already Registered Trade Union:- • Where there are two or more registered trade unions in the establishment, group of establishment or industry, with which the trade union is connected. the number of members of the proposed trade union should not be less than one-fourth of the total number Gt workmen employed in such establishment etc, is the case may be.
S. REGISTRATION U/SEC 9:- • When the registrar is satisfied that a trade union has complied with all the requirements of this ordinance, and he has no objections to it, he shall do the following. (i) Register the trade union in a prescribed register. (.0 Issue a registration certificate in the prescribed form, which shall be conclusive .evidence of the registration of a trade union under this ordinance by rirtue of section 11 of I.R.O. 2002. (iii) Such registration certificate must be issued within a mod of 15 da s from the date of recce t of the application under intimation to the concenie employer. CANCELLATION REGISTRATION U/SEC 12:-11) MODE OF CANCELLATION:-The registration of trade union may be cancelled. A. By the reeky:1r on etirpninu of the Labour Court Or B. • By the registrar himself without receiving any cuon.
(A) CANCELLATION OF REGISTRATION ON DIRECTION SaUBT:- Following is the procedure for cancellation of trade union upon the direction of labour court. y (i) Complaint by the Registrar:-There must be written complaint by the Registrar. Only -ReipStrar of trade unions under certain circumstances could approach labour court For cancellation of _ registration of a trade union. Employer or any other trade union • ,_pt,private party had no right to move labour court for &- registration of a trade union. (1994 PLC 771) (ii) Grounds for Complaint:-(a) Cont vention of the Provisions of I.R.O. 2002;: A Trade Union shall be liable to cancellation of its registration if it has contravened or has been registered in contravention of any of the provisions of the ordinance rules made there under.
(b) Contravention of the Provisions of its Own Constitution:-Where the trade union contravened the provisions of its own constitution, its registration shall be cancelled e.g. failing to hold election at the time prescribed by its own constitution. • (c) Illegal constitution:-- Where the trade union made in. its constitution any provision which is inconsistent with I.R.O. 2002 or the rules made thereunder. (d) Elccti If a trade union elects a disqualified person as its officer, the registration will be liable to cancellation. (Iii) Inquiry by the Labour Court:-After taking the complaint made by the registrar, labour court may hold such inquiry into the allegations as it may deem 61.
(1v) Direction to the Registrar:- Where the labour court thinks that the registration shall be cancelled, it may direct the Registrar to cancel it. •
(II) Cancellation of Registration by the Registrar-Himself:- The registration of Trade union shall be cancelled by the Registrar. a* After holding an inquiry and .4 by giving reasons for cancellation on the allowing grounds.
(1), Dissolution of Trade Union:- Where the Trade Union has dissolved itself or hqs ceased to exist.
(II) Not being a Contestant in Referendum:-Where the trade union has not been a contestant in a referendum for the determination of collective bargaining agZnt. (11i) Not. Applied for the Collective Bargaining Agent:- Where the Trade Union has not applied determination of collective bargaining agent ursec 20(2) wi the period of two months of its registranon or promulgatton this ordinance. whichever is earlier. I0 Excerption: ReFistration shall not be cancelled where there. already exist a collective bargaining agent. (iv) Securing of Less than 15 % Votes:- Where trade union has secured less than 15% of polle votes final list of voters, during a referendum for tt etermma on o co ective ring agen
8. CONCLUSION :-To conclude. 1 can say, that the purpose behin estabiishment of trade unions is that unions are to negotiate an obtain better terms of employment for workmen. The tenor for re iistration has to file an a lication to the rep' c raden int an' fulfills all th requirnentslai e -ordiwnordinance and its registrati9 may be cancelled if it ease falls under section 12 of ordinance.