Note on Trade Union

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Trade union

Trade Union
Trade Union
Source:www.authorstream.com

 

Group of employees who have similar interest and thoughts formed for the protection and promotion of their mutual interest is called trade union. Trade union is the voluntary organizations of workers or employers formed to promote their interests through aggregate activity. Trade union inspires their members to build pressure on employers .Trade union Act 1992 means a trade union as a combination, whether temporary or permanent formed primarily for the purpose of regulating the relation between workmen and employers, workmen and workmen and employers and employees. It helps in controlling the connection between workmen and employers, workmen and workmen and employers and employees.

Trade union is an organization established to protect the rights of all workers for the betterment of their industry. The main purpose of a trade union is maintaining the working condition in the workplace. Employees join trade unions due to the following reasons:

  • To ensure them against misuse by the administration.
  • Absence of force
  • Dissatisfaction
  • By force
  • Lack of power
  • Union instrumentality

Tools for completing objectives of trade union

Collective bargaining, information and advice, representation and member services are the tools for completing objectives of a trade union which is described below.

Collective bargaining: Collective bargaining is the place union delegates talk about with the administration on the issues that influence individuals in the working spot. The union discovers the individual's view and transfer these perspectives to the administration. There might be distinction of sentiment among administration and union individuals, an arrangement is about finding an answer for these distinctions.

Information and advice: Trade unions have the abundance of data which is valuable to individuals at work. They can instruct on extent concerning issues, for example, the amount of pay one is qualified to get on maternity leave, the amount for occasion one is qualified to get every year, how to get preparing at work.

Representation: Trade union speaks to people individuals when they have an issue at work.  In case if workers feel they are in effect unreasonably treated, the union delegate can deal with the issue with the administration, if the issue can not be tackled by the business himself then it will be illuminated on the court.

Member services: Trade unions offers range of services to its members. Most unions run training courses for their members . The training relates mostly to employment rights, health and safety. Trade union offers legal assistance on employment issues, some unions even give help on personal matters like housing, wills and debts. Similarly, people can get discounts on mortgages, insurance and loans form unions. Trade unions also look after members who hit hard times, example; some unions offer financial help to their members when they are sick.

Functions of trade union

Some of the functions are listed here:

  • .To accomplish higher wages and better working conditions.
  • To ensure work against shamefulness and exploitation.
  • To raise the status of laborers as a major aspect of industry.
  • To give chance to advancement and development.
  • To support earnestness and order among laborers.
  • To create self-assurance among laborers.
  • To take up welfare measures for enhancing the spirit of specialists.
  • To advance plans and system for tending to grievances among individuals.

Features of trade union Act

Trade union act 1992 is made to provide management of trade union. Though it is convenient to make lawful procurement regarding registration, operation of trade union and other important provisions relating to it for the protection and promotion of professional and occupational rights of the persons engaging in self-employment and the workers working in various industry, trade, profession or services in enterprises or outside the enterprises. This act has 6 chapter and 31 sections to control the concerned field. The key features are

1) Preliminary: Major provisions fused are

  • Short title and commencement: This Act might be called Trade Union Act, 1992. This Act should come into power on such date as the Government of Nepal may by a notice distributed in the Nepal Gazette, specify.
  • Definitions: There are meanings of the significant terms incorporated into this Act. As indicated by this Act, trade union means the undertaking level trade union enlisted under this Act for the insurance and advancement of the word related rights on the laborers and this expression might likewise incorporate trade union Association and trade union Federation. Worker means the workers engaged in various industry, trade, profession or service in the enterprise or outside the enterprises on permanent, temporary, agreement, daily wages, piece rate or contract basis or working there under and the agriculture laborious and this term also includes the other personnel and the person engaged at self-employments, expect that personnel who are working at the manager or proprietor level and who are working as the chief or its department, branch, sub-branch, and unit. Manager implies a man named for playing out the capacities in the endeavor.

2) Registration of Trade Union: Major provisions fused are

  • Registered of an enterprise-level trade union.
  • Registered of trade union association
  • Registered of the trade union federation
  • Additional particular may be demanded
  • Refusal of registration
  • Renewal of trade unions.

3) Operation, management, and registration of trade union: Major provisions fused area

a) Autonomous and corporate body:

  • The trade union shall be an autonomous and corporate body having perpetual succession.
  • The trade union shall have a seal of its own carryout activities.
  • The trade union may acquire, possess, dispose or manage by other means of its movable and immovable property as a person.
  • The trade union may sue or be sued under its name as a person.

b) Objectives

The objectives of the trade union shall be as follows:

  • To engage in the economic and social development of the workers by improving their working conditions.
  • Try to make the workers dutiful and disciplined in the organization.
  • To make an effort to establish good relationship between worker and management.
  • To assist in the development of enterprise by increasing the productivity of the enterprise.

c) Functions, duties, and power of trade union

  •  Require the workers of an enterprise to abide by the decisions of the Authorized trade union of enterprise level.
  •  Carry out and caused to be carried out the activities and programs as required for the achievement of the objectives of the trade union.
  • Required its members to participate in the election of the Authorized trade union of enterprise level.

d) Functions, duties and powers of trade union association and trade union federation

e) Statute of trade union

f) Recognition of the authorized trade union

g) Presentation claim

h) Duration of validity of the recognition of authorized trade union.

4) Appointment, functions, duties and rights of the registrar: Major provisions fused are

a) Appointment of the registrar

 

  • The government of Nepal shall appoint registrars as required for the registration of the trade union in accordance with this Act.
  • Notwithstanding anything contained in sub-section (1) Government of Nepal may by notification published in the Nepal Gazette authorize as required any other officer to use the power of registrar.

b) The functions, duties, and power of the registrar

  • To register the trade union.
  • To maintain and keep up-to-date register book with detailed and other related particulars.
  • To request additional particular papers important for the registration of the trade union.
  • To take necessary action if the particular report or others documents are required to be submitted by the trade union.
  • To specify the procedure of election of the authorized trade union.

c) Register book: The registrar shall maintain a separate register book to keep up-to-date the particulars, records of the trade union.

5) Fund and auditing: Major statements consolidated are fund and auditing.

a) Fund:

  • The trade union shall have its own separate fund and the fund shall contain the amount obtained from the national fee, the amount obtained from the national organizations in the form of Aid or grant and the amount obtained from any sources.
  • All the expenses incurred in the name of trade union shall be borne out by the fund.
  • The amount to be contained in the fund pursuant to subsection(1) shall be deposited by opening an account in any commercial bank within Nepal.

b) Accounts and auditing

  • The records might be kept up as said in the statute of the trade union.
  • The records kept up as per sub-segment should be evaluated by the inspector designated by the General Meeting of trade union.

6) miscellaneous: Under this, real provisions fused are

  • Contractual liability to be satisfied
  • No case to be filled
  • Transfer or promotion not to be made
  • Presentation of yearly report
  • Cancellation of the registration
  • Representation of the exchange union
  • Officials of trade union association and federation
  • Limitation for filing cases, penalties
  • Appeal
  • Special power of government of Nepal
  • The power of frame rules: Government of Nepal may frame necessary rules to carry out the objectives of this Act.

References

Kharal, S.k. (2006). Foundation of Human Resource Management. Asian.

Shrestha, P. (2014). Foundation of Human Resource Management. Samjhana.

Acharya, B. s. (2014). Foundation of Human Resource Management. Kathmandu: Asmita.

Adhikari, D. (2010). Human resource Management. kathmandu: Buddha.

 

  • Group of employees who have similar interest and thoughts formed for the protection and promotion of their mutual interest is called trade union.
  • Trade union Act 1992 means a trade union as a combination, whether temporary or permanent formed primarily for the purpose of regulating the relation between workmen and employers, workmen and workmen and employers and employees.
  • Trade union is an organization established to protect the rights of all workers for the betterment of their industry.
  • Collective bargaining, information and advice, representation and member services are the tools for completing objectives of a trade union .
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