NAME: MALAMA PATRICK

STUDENT NUMBER: 201800617

COURSE: INDUSTRIAL REALATIONS

COURSE CODE: LIR 331

QUESTION: GIVING A RELAVANT EXAMPLE, DISCUSS TRADE UNION REGISTRATION

PROCEDURE FOR AN ORGANISATION

DUE: 30 OCTOBER 2020

A trade union or labour union, as it is called in some countries is basically an organisation
that consists of workers who ban together to have more negotiation power and hopefully
secure better wages, better working conditions, decent benefits etc.

In some countries as early as 1794 established the first trade unions, the authorities were not
really thrilled about it but eventually accepted it. The constitution and the industrial labour
relation Act provide freedom of association and allow workers and employers to join and
form unions; this right is regulated by the Industrial and Labour Relation act.

The Zambian constitution / draft Bill of Rights allows workers to join or take part in activities
and programmes of a trade union. It is also important to note that, even though the law allows
the workers to take part in these trade union activities, a worker will not be forced by other
workers or employers to join a trade union.

The parliament must provide the legislation for the registration of associations. Trade union
members are free to determine their own administration, programmes and activities; and form
and join federation.

The above paragraphs have pointed out the importance of trade unions for an organisation.
However in some cases, a government can deliberately weaken trade unionism in a country
through some pieces of legislation which prohibit effective representation of workers.

In Zambia, it appears a law that allows a sector or trade to have more than one union has
contributed to divide and rule approach in trade unionism. It was argued that having more
than one trade union in a sector facilitates effective understanding of issues affecting specific
works in that sector; and therefore contributes to effective representation of such workers to
top management or the people in power.

It also believed that it is because of this multiplicity of trade related unions in a one sector or
trade that has contributed to a weak and divided trade unionism in this country.

With all the advantages pointed out in the above paragraphs it is clear to see the importance
of trade unions, with an example of an organisation the next paragraphs will explain and give
in detail the procedure that is followed when an organisation is registering for trade union.
A plastic organisation for instance can register its trade union by following the following
steps, application for registration, provision to be contained in the rules of a trade union,
power to call for further particulars and to require alteration of name, registration and finally
certification of registration is given to officially state that the trade union has been formed.

Workers in the plastic organisation or company will apply for a certificate to officiate their
trade union they wish to from. According to section 5 of the Act, every application for
registration of the trade union is made to the registrar and is accompanied by a copy of the
rules of the trade union and three important details of the trade union.

The first details the plastic organisation will provide are the names, addresses and
occupations of the members making the application. Then after, the name of the trade union
has to be clearly indicated, the address of its head office and the tittles, names, ages,
addresses and occupations of the office bearers of the trade union.

However, in some cases a trade union might have existed for more than a year without being
registered, in this case a copy of the assets and liabilities shall also be submitted at this stage
along with the application for registration. The registrar may call for further information for
satisfying himself that the application is complete and is in accordance with provisions.

Every application for registration of a trade union is supposed to be made in the given format
of the trade Union Act 1926 before the registrar of trade unions. Any group of seven or more
persons can form a Trade Union. But no Trade Union of the work men shall be registered
unless at least 10% or 100%, whichever is less, persons engaged or employed in the
establishment or industry with which it is connected are the members of such a trade union on
the date of making of application for registration.

Registration of trade union is compulsory but is desirable since a registered trade union
enjoys certain rights and privileges under the act minimum seven workers of an establishment
or even seven employers can form a trade union and apply to the registrar for its registration.
The application for registration should be in the prescribed form and accompanied by the
prescribed fee.
Section 6 0f Act states that the trade union cannot be entitled to registration under the act,
unless the executive committee has been established in accordance with the provisions of the
Act, and the rules provide for the following.

The name of the trade union, the whole of the objects for which the trade union has been
established, the whole purpose for which the general funds of the trade union shall be
applicable.

Not only that, the maintenance of a list of the members of the trade union, the admission of
ordinary members who shall be persons actually engaged or employed in an industry with
which the trade union is connected. The conditions under which any member shall be entitled
to any benefit assured by the rules and under which any fine or forfeiture may be imposed on
the members.

Last but not the least on the on the provision of the Act is the safe custody of the funds of the
trade union, an audit, in such a manner, as may be prescribed, of the accounts there of, and
adequate facilities for the inspection of the account books by the office bearers and members
of the trade union and the manner in which the union may be dissolved.

As mentioned in paragraph 12, the registrar may call for further information for the purpose
of satisfying himself that whether all the particulars are in accordance with section 5 and 6 of
the Act.

The registrar in this case is trying to make sure that the information submitted is not identical
to an existing trade union or even that the name does not resemble any other trade union. If
the registrar is not satisfied with the information, the registrar refuses to register until some
changes have been made to the trade union.

When the registrar is satisfied with the details or information provided by the plastic
organisation, according to section 8 of the Act, the registrar shall register the trade union by
entering in a register all the particulars in accordance with the provisions of the Act.

Upon the registration, a trade union assumes to a corporate body by the name which it is
registered. A registered trade union shall have perpetual succession and its common seal. A
registered trade union is an entity distinct from the members of which, trade union is
composed of it enjoys power to contract and to hold property both moveable and immoveable
and to sue by the mane which is registered.
The final stage of registration of a trade union is when the registrar issues a certificate of
registration to the trade union formed by the plastic organisation under section 8 of the Act
which becomes conclusive proof that a trade union has been duly registered.

After the registration of the trade union, the question of its recognition by the employer of the
plastic organisation comes to the forefront in as much as if it is recognised by the employer
for the purpose of collective bargaining, then it will have certain privileges and an
opportunity to fulfil its role.

However the certificate may be withdrawn if the plastic organisation committed some fraud
during the registration process. A trade union that was in existence can disappear within a
blink of an eye if the trade union is found wanting.

Section eight of the Act points out that certificate of a trade union may be cancelled or
withdrawn or an application of the trade union to be verified in such a manner as may be
prescribed; where the registrar is satisfied that the certificate has been obtained by fraud or
mistake or the trade union has ceased to exist or has wilfully and other notice from the
registrar contravened any provision the Act and if the registrar is satisfied that a registered
trade union ceases to have requisite number of members.

The plastic organisation may finish all the registering steps and successfully get a certificate
to confirm their registration but this does not mean the trade union may not be terminated if
found guilty whether after or before the whole registering process.

Since the world is perceived to be of justice and fairness, if the plastic organisation feels the
decisions made on withdrawing their certificate are not valid, the plastic organisation can
appeal.

Section 11 of the Act, any person aggrieved by an refusal to register a trade union or
withdrawal of the registration, etc. by registrar may file an appeal where the trade union head
office is situated within the limits of a presidency town or the high court, or where the head
office is situated in an area, falling within the jurisdiction of a labour court or an tribunal, to
that court or tribunal as the case may be; where the head office is situated in any area, to such
court, not inferior to the court of an additional or assistant judge of a principal civil court of
original jurisdiction as the appropriate government may appoint.
On the application to the appropriate forum, the court may either dismiss the appeal or pass
an order directing the registrar to take appropriate measures. Not only that, the court shall
have the same powers of a civil court under civil procedure code, 1908 and may follow the
same procedures. The highest appeal can be made to the high court.

According to section 13 of the Act, every registered trade union shall be a body corporate
having a common seal and perpetual succession with power to acquire and hold a movable
and immovable property and shall be the said name sue and be sued.

In conclusion, a trade union is very important to organisation or trade, with a trade union
existing, a healthy relationship between the employer and workmen is established with a
sense of responsibility towards each other.

Trade unions define and channelize the rights of the workers with pressure on the employer
to not deceit them. The registration of trade union ensures that a trade union dully certified
and recognised and thereby the provisions for the same are laid down exhaustively in the Act.
The plastic organisation workers feel protected and have a say in their working lives which
brings in strong negotiations with their employers when there is need for negotiations.
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https://blog.leaders.in/register-trade-union-trade-union-act-1926tampl

Seal, M.S (2018). Trade Union Education. United Kingdom: Workable Books.

Side Brief, S.B. 2019. Registration of Trade Unions. 29 may. The Complete Guide of

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