Amendment of the Trade Unions Act, 1926 to provide provisions for recognition of Trade Unions

Amendment of the Trade Unions Act, 1926 to provide provisions for recognition of Trade Unions

No.S-13025/4/2017-1R(PL)
Government of India
Ministry of Labour &Employment 
*******

New Delhi,  dated the 20th, July 2018

To  amendment-of-trade-unions-act-1926 

The Labour Secretaries of all the State Governments and UTs Administrations. (As per list attached)
All Central Trade Unions Organizations (As per list attached)
All Employers Organizations (As per list attached)

Subject: Amendment of the Trade Unions Act, 1926 to provide provisions for recognition of Trade Unions.

Sir,

As
you are aware that the Trade Unions Act, 1926 does not provide for
recognition of trade unions or federation of trade unions by the
appropriate Government. Presently, the Office of Chief Labour
Commissioner(Central) performs a verification procedure and consequently
Ministry of Labour and Employment has recognized 13 Central Trade
Unions/Federations of Trade Unions after a verification process. The
verification is done on the basis of executive guidelines. Besides, a
Code of Discipline provides for criteria and procedure for recognition
of trade unions operating in the particular establishment/industry.
However, there is no statutory provision for either recognition of Trade
Union in industry, establishment or recognition of Trade Unions or
federation of trade unions at Central and State level The recognition
given by the Ministry of Labour & Employment to CTUOs is used for
giving them representation in national and international conferences,
committees etc. It has been represented by Trade Unions that other
Central Government Ministries and State Government do not give due
weightage to these CTUOs in the absence of any statutory backing to this
verification and recognition procedure.

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Ministry
of Labour & Employment have been receiving representations from
various stakeholders for providing statutory backing either in the Act
or by way of Rules of recognition of Central Trade Union Organization so
that it has force and the same list is recognized by other Central
Government Ministries/Departments for various purpose

In
view of above, an amendment to the Trade Unions Act, 1926 to
incorporate the provision of recognition of trade unions/federation of
trade unions at Central and State level is Accordingly, it is proposed
to amend the Trade Unions Act, 1926 to incorporate new Sections 28A and
sub-section (2A) after Section 29(2) of the Act.

It
is requested that comments on the Draft Trade Unions (Amendment) Bill.
2018 may be furnished urgently latest by 10′” August, 2018 to enable
this Ministry to finalise the same. A copy of the Draft Bill is
enclosed.

Yours faithfully,
sd/-
(SUBHASH KUMAR)
UNDER SECRETARY TO THE GOVT. OF INDIA
T.No.23711582/Email: kumarsubhashAnic.in
26.06.2018
_________________________________________________________________________________

26.06.2018
THE TRADE UNION (AMENDMENT) BILL 2018
A
BILL
Further to amend the Trade Unions Act, 1926

BE it enacted by the Parliament in the sixty-ninth year of the Republic of India as follows:-

1. Short title and commencement.– (1) This Act may be called the Trade Unions (Amendment) Act, 2018.

(2) It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint.

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2. Insertion
of new section 28A
.- After section 28 of the Trade Unions Act, 1926 (16
of 1926) (hereinafter referred to as the principal Act), the following
section shall be inserted, namely:-
“28A. Recognition of Trade Unions at Central and State level.-

(1) Where
the Central Government, for the prescribed purposes, is of the opinion
that it is necessary or expedient that the Trade Union or a federation
of Trade Unions is to be recognized as Central Trade Union at the
Central level, it may recognize the Trade Union or a federation of Trade
Unions as the Central Trade Union in such manner and by secret ballot
as may be prescribed and if any dispute arises in relation to such
recognition, it shall be decided by such authority in such manner as may
be prescribed by the Central Government.

(2) Where
the State Government, for the prescribed purposes, is of the opinion
that it is necessary or expedient that the Trade Union or a federation
of Trade Unions is to be recognized as State Trade Union at the State
level, it may recognize the Trade Union or a federation of Trade Unions
as State Trade Union in such manner and by secret ballot as may be
prescribed and if any dispute arises in relation to such recognition, it
shall be decided by such authority in such manner as may be prescribed
by the State Government.

(3) The Trade Union or a federation of Trade Unions,-

(i) recognized as Central Trade Union under sub-section (1); or

(ii) recognized
as State Trade Union under sub-section (2), shall be the recognized
Central Trade Union for the purposes of the Trade Unions in respect of
which, the Central Government is the appropriate Government or as the
case may be, the recognized State Trade Union for the purposes of the
Trade Unions in respect of which, the State Government is the
appropriate Government.”

3. Amendment of
section 29.
– In section 29 of the principal Act, after sub­section (2),
the following sub-section shall be inserted, namely:-

“(2A) Without prejudice to the generality of sub-section (1),-

(i) the
Central Government may make regulations for the prescribed purposes,
the manner of recognition, the authority to decide the dispute and the
manner of deciding such dispute under sub­section (1) of section 28A;
and

(ii) the State Government may make
regulations for the prescribed purposes, the manner of recognition, the
authority to decide the dispute and the manner of deciding such disputes
under sub­section (2) of section 28A.”

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Source: Click here to view/download the PDF
[https://labour.gov.in/sites/default/files/The%20Trade%20Unions%20Amendment%20Bill%202018.pdf]

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