(3) Trade union and freedom of associations

According to this Act, trade unions and freedom of association are protected. Here are the key points:

(a) Workers have the right to form and join international associations of their choice without needing
permission. Women workers should be included in the executive of trade unions in proportion to their
employment in the workplace. A worker can only be a member of one trade union at a time, and if they
join another union, their previous membership is automatically canceled.

(b) Employers also have the right to establish and join international associations of their choice without
requiring authorization.

(c) Every trade union and employers' association can create their own constitution and rules, elect
representatives freely, organize their activities, and make their own programs.

(d) Workers' and employers' organizations can establish and join federations and confederations. These
organizations, federations, or confederations have the right to affiliate with international organizations
and confederations of workers' and employers' organizations.

(19) Collective bargaining agent

In easy words, this section talks about how a collective bargaining agent is determined in an
establishment or group of establishments. Here are the key points:

 If there is only one registered trade union in an establishment or group, and it has at least one-
third of the total number of workers as its members, it will be certified as the collective
bargaining agent.

 If there are multiple registered trade unions in an establishment or group, a secret ballot will be
held to determine which trade union will be the collective bargaining agent.

 The Registrar will call upon all the registered trade unions to indicate if they want to participate
in the secret ballot. They need to submit a list of their members.

 The employer must provide a list of all workers employed in the establishment, except those
employed for less than three months.

 The Registrar will verify the lists and prepare a list of eligible voters, which will be shared with
the contesting trade unions.

 Every eligible worker who is a member of a contesting trade union can vote in the secret ballot.

 The employer must provide facilities for the conduct of the poll but cannot influence the voting.

 No one can campaign for votes within 50 meters of the polling station.
  The Registrar will set the date for the poll, seal the ballot boxes, conduct the poll, and count the
votes.

 The trade union with the highest number of votes, receiving at least one-third of the total votes,
will be certified as the collective bargaining agent.

 If no trade union secures enough votes in the first poll, a second poll will be held between the
top two trade unions, and the one with a majority of votes will be certified.

 If there is a tie between trade unions, further polls will be held until one of them secures a
majority.

 If no trade union participates in the secret ballot, the trade union that made the application will
be certified as the collective bargaining agent for two years.

 Once a trade union is certified, no new application for determining the collective bargaining
agent will be entertained for two years, unless the certified trade union's registration is canceled
before that.

 The Registrar can authorize an officer to perform the functions under this section.

 During the application process, the employer cannot transfer, remove, retrench, or terminate an
officer of a contestant trade union without the Registrar's permission.

(20) CBA Functions

In simple terms, this section explains the functions of the collective bargaining agent in an establishment
or group of establishments. Here's a summary:

 The collective bargaining agent has the right to negotiate with the employer(s) on matters
related to employment, non-employment, terms of employment, and working conditions.
However, it cannot address issues that involve enforcing rights granted by laws other than this
Act, or any awards or settlements.

 The collective bargaining agent can represent all or some of the workers in legal proceedings or
matters under this Act.

 It has the authority to give notice of and declare a strike, following the provisions outlined in
this Act.

 The collective bargaining agent can appoint representatives of the workers to serve on the
Board of Trustees of welfare institutions, Provident Funds, and the Workers Participation Fund
established under the Companies Profits (Workers Participation) Act, 1968.

 Additionally, the collective bargaining agent can involve other trade unions or federations as
parties in proceedings under this Act if it deems necessary, without affecting its own position.
(31) Unfair labor practices

In simple terms, this section describes unfair labor practices that employers should not engage in. Here's
a summary:

 Employers or their representatives should not include conditions in employment contracts that
restrict a person's right to join or remain a member of a trade union.

 Employers should not refuse to hire or continue employing someone based on whether they are
a member or officer of a trade union.

 Discrimination in terms of employment, promotion, working conditions, or any other aspect

related to employment based on trade union membership or lack thereof is prohibited.

 Employers should not dismiss, threaten, or harm employees because they are members or
officers of a trade union or participate in trade union activities.

 Employers should not use inducements or advantages to discourage individuals from joining or
remaining in a trade union.

 Employers should not use intimidation, coercion, or other unlawful means to force a collective
bargaining agent to reach a settlement.

 Employers should not interfere with or manipulate the voting process for determining the
collective bargaining agent.

 Hiring new employees during a notice of strike or an ongoing strike (unless authorized in
specific circumstances) is not allowed.

 Closing down an establishment in violation of relevant labor regulations is prohibited.

 Engaging in or supporting an illegal lockout is not permitted.

 However, employers are allowed to require that individuals in managerial positions cease their
trade union membership.

(32) Unfair Labor practices on the part of a workmen

Unfair labor practices by workers include actions that are unjust or harmful towards other workers or
employers. These practices include:

1. Persuading a worker to join or not join a trade union during working hours.

2. Intimidating or pressuring individuals to become or stop being a member or officer of a trade

union.
 3. Encouraging someone to leave or not join a trade union by using intimidation or offering
benefits.

4. Compelling or attempting to compel the employer to accept demands through intimidation,

coercion, threats, or physical harm.

5. Initiating or supporting an illegal strike or deliberately slowing down work output in an

organized manner (except for genuine mechanical or operational issues).

6. Interfering with a ballot (voting process) under Section 19 through undue influence,
intimidation, impersonation, or bribery, either directly or through trade union executives or
representatives.

It is important for workers and trade unions to respect the rights and choices of others and not engage
in unfair practices that harm individuals or disrupt the workplace.