Professional Documents
Culture Documents
Unions
Dr. Atul S. Jaybhaye
Assistant Professor (Law)
What is RECOGNITION?
Recognition means the expressed recognition of a registered
trade union by an employer or by an employers association for
the purposes of collective bargaining.
It is the employer and only the employer, who awards
recognition to one or more unions, or refuses such recognition.
After recognition, a Trade Union becomes negotiating union/
Negotiating Council.
Note: To be read with sec. 14 of IRC, 2020 and Industrial
Relations (Central) Recognition of Negotiating Union or
Negotiating Council and Adjudication of Disputes of Trade
Unions Rules, 2021.
What is RECOGNITION?
A union must be recognised before it may effectively
represent any employees.
Once a union is recognised it serves as the bargaining
agent for the workers in a particular bargaining unit.
There is no enforced central legislation on this subject.
There are however voluntary code of discipline and
legislations in some states.
Recommendations of the Royal Commission on Labour:
Check-Off
Secret Ballot
Code of Discipline
Membership Verification:
An official of the labor department of the state or central
government visits the establishment, obtains the
manpower list from the management and asks each
employee individually whether or not they wish to become
members of a union and if so, which union.
Based on the responses, it is identified which union gets
the majority support of employees. This becomes the
criteria for selecting the sole bargaining agent in an
establishment.
Check-off:
Employees are asked to state in writing whether or not they
be granted recognition.
Rights of recognized trade unions
Right to sole representation
conditions of service
undertaking
The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act,
1971