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Draft rules of Industrial Relations Code suggest changes in TU recognition

Our Bureau New Delhi | Updated on May 04, 2021

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The rules on recognition of trade unions and verification of their membership, will be circulated for discussion

The Centre has published draft rules on Section 14 and 22 of the Industrial Relations Code. The Rules, dealing with recognition of trade unions and verification of their membership, will be circulated for discussion and suggestions.

According to the draft rules, in establishments where there is only one registered trade union that is functional, the union will be recognised only if it has not less than 30 per cent of the total workers employed there.

The employer of an industrial establishment should appoint a verification officer to verify the membership of a trade union. The rules say that the officer shall be "an independent officer and shall not have any interest with any of the Trade Unions".

The process for constitution of the negotiating union or the negotiating council shall commence three months before the expiry of the tenure of the existing recognition period of the registered trade unions, the draft rules say.

The Trade Unions should satisfy conditions such as: the application for recognition made by the trade union should be accompanied with the copy of the registration certificate, copy of list of members, details of the membership subscription and copy of thr latest annual return submitted to the Registrar of Trade Unions and in case of negotiating union, the employer shall initiate action before expiry of the tenure of incumbent union "in advance but not later than three months before the expiry of the tenure." Verification can be done by conducting a secret ballot, the draft rules adds.

Though passed in Parliament, the Centre has not notified three of the four Labour Codes. The Assembly elections and delay on the part of the States in drafting rules are being given as the reason for it. The trade unions have opposed the codes and the rules and have warned of protests if the Centre does not withdraw them.

Published on May 04, 2021

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