1. Brief Description of Employees’ and Employers’ Organizations
The TU Act defines a 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 condition on the conduct of any trade or business, and includes any federation or two or more trade unions”. While an employer is not legally bound to recognize a trade union or encourage collective bargaining, a registered trade union can enter into collective bargaining agreements with the employer for better wage and service conditions.
“Works Committee” needs to be formed, if the respective state government notifies, the requirement of the same. Works committee is formed by industrial establishments which employ 100 (hundred) or more workmen. The main responsibility of the Works Committee is to “promote measures for securing and preserving amity and good relations between the employer and workmen” and to achieve that, the Works Committee can “comment upon matters of their common interest or concern and endeavor to compose any material difference of opinion in respect of such matters”.
“Grievance redressal committee” shall be constituted when notified, for every establishment which employs twenty (20) or more workmen. Such committee shall resolve disputes arising out of individual grievances. The setting up of this committee shall not affect the right of the workmen to raise industrial disputes on the same matters under the provisions of ID Act. The workman who is aggrieved by the decision of this committee may prefer an appeal to the employer against such decision and the employer shall, within one (1) month from the date of receipt of such appeal, dispose off the same and send a copy of his decision to the workman concerned.
In the state of Gujarat, “Joint Management Council” has to be formed in industrial establishments employing 500 (five hundred) or more workmen, as compared to the threshold of 100 (hundred) workmen under the ID Act. The purpose, functions and selection of the Joint Management Council are substantially similar to those of the Works Committee.
An industrial establishment where 250 (two hundred and fifty) or more workmen are employed, shall if notified by the respective state government provide for a canteen. Further, it states that such canteen must be managed by the “Canteen Committee”. The duties of the Canteen Committee include making arrangements for adequate supply of raw materials and cooking materials, deciding the menu for everyday meals, and so on.
2. Rights and Importance of Trade Unions
There are a variety of rights granted to trade unions in an establishment.
1. Types of Representation
The TU Act, provides for registration of a trade union and the rights and liabilities of a registered trade union.
2. Number of Representatives
There may be a trade union which is composed neither of workmen nor masters although it may be a combination of both to regulate the relations between workmen and workmen or workmen and employers or employers and employers. What matters is the object of the union and not its composition. However, a “trade union” cannot be registered unless at least 10% (ten percent) of the workmen, or 100 (one hundred) workmen, whichever is less, employed in an establishment are its members.
3. Appointment of Representatives
The representatives of the employees on the works committee must be chosen from amongst the employees, either by way of popular vote or as recommended by any registered trade union in the industrial establishment.
The respective State Government may make rules regarding the constitution of a managing committee for the canteen and representation of the workers in the management of the canteen.
The chairperson of the Grievance Redressal Committee shall be selected from the employer and from among the workmen alternatively on rotation basis every year. The total number of members of the Grievance Redressal Committee shall not exceed more than six. There shall be, as far as practicable, one woman member if the Grievance Redressal Committee has two members and in case the number of members is more than two, the number of women members may be increased proportionately.
The representatives of the workmen on the Joint Management Council shall be elected in the prescribed manner by the workmen engaged in the establishment from amongst themselves. One of the members of the Council shall be appointed as Chairman in accordance with rules made in this behalf.
4. Tasks and Obligations of Representatives
The task and obligations of the employee representatives are numerous.
5. Employees’ Representation in Management
The representatives of the employees on the works committee must be chosen from amongst the employees, either by way of popular vote or as recommended by any registered trade union in the industrial establishment.
The number of elected workers of the Canteen Committee shall be in the proportion to the number of elected representatives of the workmen.
The total number of members of the Grievance Redressal Committee shall not exceed more than six. Employee representation in the Grievance Redressal Committee shall be equal to the number of employer representatives in the Committee.
The representatives of the workmen in the Joint Management Council shall be equal to the number of representatives of employers.
6. Other Types of Employee Representative Bodies
The FA Act, states that the occupier shall, in every factory where a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee consisting of an equal number of representatives of workers and management to promote cooperation between the workers and the management in maintaining proper safety and health at work and to review periodically the measures taken in that behalf.
SHWWA Act requires every employer to set up an Internal Complaint Committee to conduct enquiry regarding sexual harassment complaints. The Internal Committee shall consist of the following members to be nominated by the employer, namely a Presiding officer who shall be a woman employed at a senior level at the workplace, two members from the employees and one member from Non- Governmental Organization or associations committed to the women’s cause.