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| 1 | Are there different types of employee representatives (work councils, unions)?
The most common form of employee representation in India is the trade union. Trade Unions are organizations representing workers in a particular section of industry. Trade Unions in India are organized at three levels: a) The National Federation level with political affiliations, b) The Industry/Region Level affiliated to the federations and c) The individual employer level. There is no legal requirement (except in some states) to recognize a trade union although individual employees have a statutory right to belong to the trade union of their choice. Many employers therefore prefer not to deal with any form of employee representative |
| 2 | Are there different types of employee representatives (work councils, unions)?
The most common form of employee representation in India is the trade union. Trade Unions are organizations representing workers in a particular section of industry. Trade Unions in India are organized at three levels: a) The National Federation level with political affiliations, b) The Industry/Region Level affiliated to the federations and c) The individual employer level. There is no legal requirement (except in some states) to recognize a trade union although individual employees have a statutory right to belong to the trade union of their choice. Many employers therefore prefer not to deal with any form of employee representative |
| 3 | How are employee representatives designated (nomination/election)?
The nomination of union representatives for a particular workplace depends on the rules and constitution of the union body. They are normally elected. |
| 4 | How are employee representatives designated (nomination/election)?
The nomination of union representatives for a particular workplace depends on the rules and constitution of the union body. They are normally elected. |
| 5 | What is the role and powers of the employees representative?
The role of the representatives in relation to the employer is determined by the form in which the employer recognizes the trade union (by agreement or otherwise). The representatives power in relation to the union members is governed by the union rules. The only powers guaranteed to the representative under the Trade Unions Act 1926 are a) exemption from civil suits and criminal liability in case of any act done in furtherance of a trade dispute b) The right to bargain in good faith and be a party to contracts with the employer on behalf of the members of the trade union and c) The right to set up a political fund for furtherance of civic and political interests of its members. |
| 6 | What is the role and powers of the employees representative?
The role of the representatives in relation to the employer is determined by the form in which the employer recognizes the trade union (by agreement or otherwise). The representatives power in relation to the union members is governed by the union rules. The only powers guaranteed to the representative under the Trade Unions Act 1926 are a) exemption from civil suits and criminal liability in case of any act done in furtherance of a trade dispute b) The right to bargain in good faith and be a party to contracts with the employer on behalf of the members of the trade union and c) The right to set up a political fund for furtherance of civic and political interests of its members. |
| 7 | What are the employer's obligations with respect to the employees' representatives?
The employer's obligation with respect to the employees' representative largely depends upon the extent to which the employer has agreed to recognize the trade union which is set out in the union agreement. Some obligations are also set out in the fifth schedule of the Industrial Disputes Act as unfair labor practices as summarized below: - (a) The employer cannot interfere with the formation of a trade union by threatening workmen with discharge or dismissal & threatening a lock out if a trade union is formed or undermine the efforts of the trade union at organization. (b) The employer cannot establish employer sponsored trade unions or encourage or discourage membership in a particular trade union by discriminatory acts against such employees and c) To refuse to bargain collectively and in good faith |
| 8 | What are the employer's obligations with respect to the employees' representatives?
The employer's obligation with respect to the employees' representative largely depends upon the extent to which the employer has agreed to recognize the trade union which is set out in the union agreement. Some obligations are also set out in the fifth schedule of the Industrial Disputes Act as unfair labor practices as summarized below: - (a) The employer cannot interfere with the formation of a trade union by threatening workmen with discharge or dismissal & threatening a lock out if a trade union is formed or undermine the efforts of the trade union at organization. (b) The employer cannot establish employer sponsored trade unions or encourage or discourage membership in a particular trade union by discriminatory acts against such employees and c) To refuse to bargain collectively and in good faith |
| 9 | Are there special considerations/burdens where the representative is discharged or laid off?
While it is an unfair labor practice to discharge an employee representative by virtue of his trade union activities, no other special considerations/burdens exist although the employee can always contend that the act was performed with mala fide intentions. |
| 10 | Are there special considerations/burdens where the representative is discharged or laid off?
While it is an unfair labor practice to discharge an employee representative by virtue of his trade union activities, no other special considerations/burdens exist although the employee can always contend that the act was performed with mala fide intentions. |
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