Answer No (1)

INTRODUCTION
TRADE UNIONS:-.Today, workers have become an integral part of society
and play a pivotal role in the success of business organisations leading to more money
supply and eventually adding to economic growth. Hence, there arises a need to protect
the interest of these workers for both the Employers and well as the Employees
themselves. Moreover, Employees have now realized the need and importance of
partaking in Trade Unions. Therefore, Trade Unions have become vital to ensure cordial
relationships between Employees and Employers.

Trade unions are associations of workers and are formed with the intention of protecting
the workers against exploitation of the employers and also to improve the workers
conditions. They help workers in issues like fairness of pay, good working environment,
hours of work and benefits. They represent a cluster of workers and provide a link
between the management and workers.

Trade Unions prove beneficial for workers, as the main aim of forming this group is to
prevent the workers from being exploited by the senior officials. For example, if a worker
is unhappy with the pay he is getting he can talk to his co-workers and collectively they
can raise their voice to get the pay they deserve. Trade union is even helpful for the
management of the firm, as they can know the needs of the worker which helps them
know workers better and provide them an environment where they are able to work
efficiently and help them to maintain good standards.

CONCEPTS & APPLICATION

PROCESS OF REGISTRATION OF TRADE UNION IN
INDIA:-

The following steps are involved in the registration of trade union:-

(a) Mode of Registration:-

Any seven or more members of a trade union may, by subscribing their names to the
rules of the trade union, apply for registration of the trade union under this Act.

(b) Application for Registration:-

(i) Every application for registration of a trade union shall be made to the registrar and
shall be accompanied by a copy of the rules of the trade union and a statement of the
following particulars, namely:-

1. The names, occupations and addresses of the members making application.

2. The name of the trade union and the address of its head office.

3. The membership fees.

4. The process for dissolution of the trade union.

(ii) Where a trade union has been in existence for more than one year before the
making of an application for its registration, a general statement of the assets and
liabilities of the trade union must accompany the application.

(c) Registration:-
The registrar, on being satisfied that the trade union has complied with all the
requirements of the Act in regard to registration shall register the trade union by
entering in a register, to be maintained in such form as may be prescribed, the
particulars relating to the trade union contained in the statement accompanying the
application for registration.

(d) Certificate of Registration:-
The registrar, on registering a trade union shall issue a certificate of registration in the
prescribed form which shall be conclusive evidence that the trade union has been duly
registered under this Act.

(e) Cancellation of Registration:-
A certificate of registration of a trade union may be withdrawn or cancelled by the
registrar on the application of the trade union to be verified in such manner as may be
prescribed in if the registrar is satisfied that the certificate has been obtained by fraud or
mistake or that the trade union has ceased to exist.

It has to provide not less than two months previous notice in writing specifying the
ground on which it is proposed to withdraw or cancel the certificate shall be given by the
registrar to the trade union before the certificate is withdrawn or cancelled otherwise
than on the application of the trade union.

DUTIES OF TRADE UNION:-

i. Increasing Co-operation and Well-being among Workers:-
It is in this context that the trade unions come into the picture and they promote
friendliness and unity among the workers. Besides this, the trade unions also discuss
the problems, which are common to all the workers. It is a platform where workers come
together and know each other. The trade unions also provide some kind of
entertainment and relaxation to the workers.

ii. Securing Facilities for Workers:-

Most of the industrialists are not very keen on providing the facilities and proper working
conditions to the workers. They are more interested in getting their work done to the
maximum extent. In such conditions, trade unions fight on behalf of the workers and see
that the facilities have been provided by the management.

iii. Establishing Contacts between the Workers and the

Employers:-
Workers are not able to express their grievances before their employers, and even the
management does not know the difficulties faced by the workers. The trade unions play
an important role in bringing to the notice of the employers the difficulties and
grievances of the employees. They try to arrange face-to-face meetings and thus try to
establish contacts between the employees and the employers.

iv. Safeguarding the Interests of the Workers:-

Most of the industries try to exploit the workers to the maximum. They do not provide
any benefits such as increasing their wages, granting sick leaves, giving compensation
in case of accidents, etc. The workers are not made permanent even after many years
of service and in some cases they are removed from service summarily. The trade
unions provide security to the employees in such situations.
v. Provision of Labor Welfare:-
The economic conditions of the industrial workers in India are very poor. The standard
of living is very low. A majority of industrial workers in India are illiterate or semi-literate.
It is the responsibility of the trade unions to get them proper housing facilities and
promote the socio-economic welfare of the workers. The trade unions also try to
arrange educational facilities for the children of the workers.

CONCLUSION
The existence of a strong and recognized trade union is a prerequisite to industrial
peace. Decisions taken through the process of collective bargaining and negotiations
between employer and unions are more influential. Trade unions play an important role
and are helpful in effective communication between the workers and the management.
They provide the advice and support to ensure that the differences of opinion do not
turn into major conflicts. The central function of a trade union is to represent people at
work. But they also have a wider role in protecting their interests. They also play an
important role in organizing courses for their members on a wide range of matters.
Seeking a healthy and safe working environment is also prominent feature of the trade
union.

Our government has also realised the need for Trade Unions and allows them to get
themselves registered. There is an Act, known as The Trade Unions Act, 1926.
Under this Act any seven or more members of a trade union may apply for registration
of the trade union. This Act gives protection to registered trade unions in certain cases
against civil or criminal action. The Trade Unions can be successful if they are run by
educated persons, if they have adequate funds and if they are not dominated by one or
the other political party. It is also necessary that the leaders of the Trade Unions are
honest. Otherwise, they can be bribed by the industrialists and the interests of the poor
worker may suffer.

Answer No (2)

INTRODUCTION
BARGAINING POWER OF PARTIES IN COLLECTIVE
BARGAINING:-
Industrial disputes between the employee and employer can also be settled by
discussion and negotiation between these two parties in order to arrive at a decision
and this way of resolving dispute is known as collective bargaining as both the parties
eventually agree to follow a decision that they arrive at after a lot of negotiation and
discussion. Collective Bargaining is a mode of fixing the terms of employment by means
of bargaining between organized body of employees and an employer. The essence of
Collective Bargaining is bargaining between interested parties and not from outside
parties.

Bargaining power has been defined as the ability to induce an opponent to accept an
agreement on one's own terms. In economic terms, a party’s bargaining power depends
on that party’s ability to impose costs on the other side for failure to reach agreement,
while minimizing the party’s own costs of disagreement. In collective bargaining, the
union’s bargaining power depends on its ability to inflict costs on the employer through
lost sales from a strike or other collective action, while minimizing the costs of the
collective action to their membership in lost wages and jobs. The employer’s bargaining
power depends on its ability to minimize its costs from the employees’ collective action
while maximizing the costs of the collective action on the employees.

However, the relative bargaining power of parties in collective bargaining is also

dependent upon the laws that govern a country’s system of labor relations. A
government might enact legislation to impact the relative bargaining power of unions
and employers in order to raise or lower negotiated wages and achieve a more
equitable distribution of the proceeds from production.

CONCEPTS & APPLICATION

Factors Effecting Bargaining Power of Parties in Collective
Bargaining:-
When the union and the employer go the table and try to negotiate on a collective
agreement that is favorable to their proposal, they must obtain an edge over the other
party by having a higher level of bargaining power. The bargaining power is an
important factor that can influence the outcome of distributive bargaining and eventually
agree to your proposals. Many factors can affect this power from externally (economy,
social) and internally (workplace, organization).
First we will be looking at a few factors that affect the employer’s
bargaining power:-

1. Inventory Levels:- If an employer produces products that can be stored and

sold for another date, they will in a strong bargaining position. This all depends on the
industry the employer is in and what strategic plan they have implemented. Since, an
employer who uses just-in-time delivery, they won’t have any product in inventory to
withstand a strike which gives up their leeway when it comes to bargaining. If an
employer has inventory product than they will be able to withstand a strike which will
give them the upper hand over the union.

2. Competitive Position:- During a strike, the competitive position compared

to their rivals can be affected by a strike. If the employer loses customers during the
strike and most likely return at the end of the strike than the employer is in a strong
bargaining position. If customers do not return than the union will have the upper hand.

Now we will be looking at a few factors that affect the union’s

bargaining power:-

1. A Size of Strike Fund:- Union members usually pay members fees from
their wages. This fee would be cut from the employees cheque and transferred to the
union’s account. This fund is uses to help out the union in a time of need. Now
depending on the amount of money saved in the strike funds will determine who has
more bargaining power. If the funds are of a large amount than the union will have more
bargaining power since the employees will get paid a certain amount so they will be
able to withstand the strike themselves. If the funds are of a small amount this will give
more power to the employer and union might budge from their demands .

2.Time of Strike:- If the timing of the strike affects the employer’s revenue than
the union is in a stronger bargaining position. If union members go on strike at a
construction company during peak season this will give the union more power to seek
their demands since employer will be losing money. This can even force employers to
shutdown their operation, which adds to the bargaining power of the union.

3.Effect of Picketing:- A strike usually gives the employer bad publicity, and if
a strike can cause customers and suppliers to avoid the employer than the union will
have a strong business. Also the public opinion may affect the union’s power. Unions
sometimes look for help from the community to help support against the employers.
CONCLUSION
Overall, the employer usually controls the discussion at the table unless both parties are
negotiating a first collective agreement. During this situation, the union find themselves
with minimal ability to impact the agenda. The employer’s demand usually reflect the
economy status, so having higher level of bargaining power than the union is significant.

Accordingly, the parties relative bargaining power in collective bargaining also depends
on economic factors such as the nature of the firm’s product, the firm’s technology of
production, general economic conditions, the structure of bargaining, and the
employees commitment to collective action. If these factors favor the union and it has
relatively greater bargaining power, the union will have a greater ability to negotiate
terms and conditions of employment that favor its members. However, lf these factors
favor the employer and it has relatively greater bargaining power, the employer will have
a greater ability to determine the terms and conditions of employment in negotiations.

Answer No (3)

INTRODUCTION
EMPLOYMENT OF WOMEN:-
As the workers are being Subject to exploitation and discrimination and their human
rights being violated so the need arose for enactment of the labour laws for their
protection and security. Working women form a major thick peace of society. Amongst
labourers, the conditions of working women is particularly vulnerable. They belong to
the weaker section of the society. They need equal treatment and special protection
under the law. This special treatment to women workers is due to the peculiar and
psychological reasons, such as their physical build up, poor health due to repeated
pregnancies, home drudgery and due to nature of occupation in which they are
engaged. To protect this vulnerable group, many legislative provisions have been
provided in almost all labour statutes which address problems of women labourers in
their employment situation.

The gender equality allows women workers to work in factories with men. Considering
this the central and state government has made provisions regulating the employment
of women in a factory. Thus, the additional provisions are under different sections of
factories act, 1948.

CONCEPTS & APPLICATION

A) Section 66 of the Factories Act, 1948 which imposes certain
restrictions on women workers employed in industrial units.

Some restrictions towards employment of women in factories are

as fallows:-

1. Hours of Work Under:-

The daily hours of work of adult workers have been fixed at 9. Though the Act permits
men under certain circumstances to work for more than 9 hours on any day it does not
permit women to work beyond this limit.

2.Change of Shift only after Holiday

In case of women workers there shall be no change of shifts except after a weekly
holiday or any other holiday.

3.Prohibition of night work:-

The Factories Act, 1948 prohibit the employment of women during night hours.
According to Section 66(1)(b) of the Factories Act 1948, no woman shall be required or
allowed to work in any factory between the hours of 6 a.m. and 7 p.m. However, the
State Government may by notification in the official gazette, in respect of any factory or
group or class or description of factories, vary the limits pertaining to night duties but no
such variation shall authorise the employment of any woman between the hours of 10
p.m. and 5 a.m.

4. Maximum Permissible Load:-

To safeguard women against the dangers arising out of lifting to heavy weight, the
Factories Act authorise the appropriate Governments to fix the maximum load that may
be lifted by women.
5. Creches:-
A creche is a nursery. It is a place where babies of working mothers are taken care of
while the mothers are at work. Section 48 of the Factories Act, 1948 provides that in
every factory wherein more than 30 women workers are ordinarily employed there shall
be provided and maintained a suitable room for the use of children under the age of 6
years of such women. Such rooms shall provide adequate accommodation, and shall be
adequately lighted and ventilated. Such rooms shall be maintained in a clean and
sanitary condition and shall be under the charge of women trained in the care of
children and infants.

B) Objectives of the Indian Factories Act, 1948

The main objectives of the Indian Factories Act, 1948 are to regulate the working
conditions in factories, to regulate health, safety welfare, and annual leave and enact
special provision in respect of young persons, women and children who work in the
factories.

1. Working Hours:-
According to the provision of working hours of adults, no adult worker shall be required
or allowed to work in a factory for more than 48 hours in a week. No adult worker shall
be required or allowed to work in a factory for more than nine hours in any day.

A child worker should not be allowed to work for more than 4 1/2 hours a day. Women
and child workers should not be asked to work or allowed to work between 7 P.M. and 6
A.M. and in no case between 10 P.M. and 5 A.M.

2. Health:-
For protecting the health of workers, the Act lays down that every factory shall be kept
clean and all necessary precautions shall be taken in this regard. The factories should
have proper drainage system, adequate lighting, ventilation, temperature etc.

Adequate arrangements for drinking water should be made. Sufficient latrine and urinals
should be provided at convenient places. These should be easily accessible to workers
and must be kept cleaned.

3. Safety:-
In order to provide safety to the workers, the Act provides that the machinery should be
fenced, no young person shall work at any dangerous machine, in confined spaces,
there should be provision for manholes of adequate size so that in case of emergency
the workers can escape. Wherever there are chances of fire, fire-fighting equipments
should be available at convenient places.

4. Welfare:-
For the welfare of the workers, the Act provides that in every factory adequate and
suitable facilities for washing should be provided and maintained for the use of workers.
Facilities for storing and drying clothing, facilities for sitting, first-aid appliances, shelters,
rest rooms and lunch rooms, creches, should be there.

CONCLUSION:-
Labours are being Subject to misuse and discrimination and their human rights being
damaged so the need emerged for an order of the laws for their assurance and security.
Working ladies shape a noteworthy proportion of society. Among workers, the states of
women are especially helpless & hapless thus numerous provisions have been made to
address issues women face while working in factories .

It can be seen from the multiple special provisions created for the welfare of women that
both at the national and international levels, there has been a movement towards the
empowerment of women in labour law. There has been a transparent move towards
creating equal pay, equal access to opportunity, bar, and redressal of harassment and
provision of maternity benefits.

The main object of the Factories Act, 1948 is to ensure adequate safety measures and
to promote the health and welfare of the workers employed in factories .Government
are, therefore, initiating various measures from time to time to ensure that adequate
standards of safety, health and welfare are achieved in all work places. In particular in
the context of the need to secure maximum production and productivity an appropriate
work culture conductive to safety, health and happiness of workers has to be evolved in
the factories.