In News:On Samsung workers’ right to unionise
1.Analyse the legal and constitutional framework governing the right of workers to form trade unions in India. Critically examine the challenges faced by workers in exercising this right, citing recent case studies.
Legal Framework
Trade Unions Act, 1926
● Definition and scope: The Act defines a trade union as any combination of workers formed primarily to regulate relations between employers and employees. It offers legal recognition to registered unions, which are considered corporate entities with rights to hold property, enter contracts, and sue or be sued.
● Registration: To register a trade union, at least seven members must apply. The registration process requires compliance with specific criteria, including maintaining a minimum membership of 10% of the workforce or 100 members, whichever is less. Registration provides legal protections and privileges that unregistered unions do not enjoy.
● Rights and protections: Registered unions have the right to engage in collective bargaining, represent members in disputes, and conduct strikes within the legal framework established by the Industrial Disputes Act.
Constitutional Provisions
● Fundamental right: The Indian Constitution recognizes the right to form associations under Article 19(1)(c), which includes trade unions. The Supreme Court has upheld this right as fundamental but has also indicated that it is subject to reasonable restrictions.
● Judicial interpretations: Various landmark cases have shaped the understanding of workers’ rights. For instance, T.K. Rangarajan v. State of Tamil Nadu (2003) affirmed that while workers have the right to strike, this right must be exercised in accordance with existing laws.
Challenges Faced by Workers
- Bureaucratic hurdles and registration delays: Workers often face prolonged delays in union registration processes. Recent cases, such as the ongoing protests by Samsung India workers in Tamil Nadu, highlight how bureaucratic inertia can impede the registration of unions despite compliance with legal requirements.
- Employer resistance: Employers may actively resist union formation. In some instances, companies have pressured state authorities to deny union registration or recognition. Samsung’s opposition to the use of its name in the union reflects broader corporate resistance to unionisation efforts.
- Legal restrictions:The Industrial Disputes Act imposes conditions on strikes, requiring notice periods and adherence to specific protocols before a strike can legally occur. These conditions can limit workers’ ability to mobilise effectively.
- Political interference:Political dynamics often influence labour relations. The involvement of political organisations in labour movements can complicate negotiations and lead to perceptions of bias against worker interests .
- Lack of awareness:Many workers remain unaware of their rights under existing labour laws. This lack of awareness can prevent them from effectively organising or advocating for their interests.
The legal framework in India supports workers’ rights to form trade unions; however, systemic challenges hinder its effective implementation.Recent cases highlight the difficulties faced by workers in organising and seeking recognition. Addressing these issues requires legal reforms and commitment from employers and the state to uphold labour rights genuinely.
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