Trade union or a labor union is an association of workers forming a legal unit or legal personhood, usually called a "bargaining unit", which acts as bargaining agent and legal representative for a unit of employees in all matters of law or right arising from or in the administration of a collective agreement.

Trade Union Trade Union Definition (Labor Union)

Trade Union | Trade Union Definition (Labor Union)

Labour unions typically fund the formal organization, head office, and legal team functions of the labour union through regular fees or union dues. The delegate staff of the labour union representation in the workforce are made up of workplace volunteers who are appointed by members in democratic elections.

Today, unions ar typically fashioned for the aim of securing improvement in pay, benefits, operatingconditions, or social and political standing through negotiation|negotiation|dialogue|talks} by the exaggeratedbargaining power wielded by the band of the staff.

The union, through associate degree electoral leadership and negotiation committee, bargains with theleader on behalf of union members (rank and file members) and negotiates labour contracts (collective bargaining) with employers.

The most common purpose of those associations or unions is "maintaining or up the conditions of their employment". this could embody the negotiation of wages, work rules, activity health and safety standards,criticism procedures, rules governing standing of workers together with promotions, simply cause conditions for termination, and employment edges.

Unions might organize a selected section of hot staff (craft unionism), a crosswise of staff from numeroustrades (general unionism), or arrange to organize all staff at intervals a selected trade (industrial unionism). The agreements negotiated by a union ar binding on the rank and file members and also the leader and in some cases on different non-member staff.

Trade unions historically have a constitution that details the governance of their negotiation unit and even have governance at numerous levels of presidency counting on the trade that binds them de jure to their negotiations and functioning.

Trade Union Definition

Labour unions or trade unions ar organizations shaped by staff from connected fields that employment for the common interest of its members. they assist staff in problems like fairness of pay, sensible operatingatmosphere, hours of labor and advantages. They represent a cluster of staff and supply a link between the management and staff.

Description: the aim of those unions is to seem into the grievances of wagers and gift a collective voiceahead of the management. Hence, it acts because the medium of communication between the staff and management.

Regulation of relations, settlement of grievances, raising new demands on behalf of staff, talks and negotiationsar the opposite key principle functions that these trade unions perform.

The Indian trades union Act, 1926, is that the principle act that controls and regulates the mechanism of trade unions. In India, political lines and ideologies influence trades union movements. this can be the explanationwhy these days political parties ar forming and running trade unions.

What is the Trade Union law in Sri Lanka?

Under the organization Ordinance of 1935, a “trade union” is outlined as any association or combination of workmen or employers, whether or not temporary or permanent, having among its objects one or a lot of of the subsequent objects:-

the regulation of relations between employees and employers, or between employees and employees or between employers and employers; or

the imposing of restrictive conditions on the conduct of any trade or business; or

the illustration of either employees or employers in trade disputes; or

the promotion or organization or finance of strikes or lock-outs in any trade or trade or the
provision of pay or different advantages for its members throughout a strike or lock-out, and includes any federation of 2 or a lot of trade unions;

A “worker” is outlined as any individual UN agency has entered into or works underneath a contract with associate degree leader in any capability, whether or not the contract is categorical or tacit, oral or in writing, and whether or not it's a contract of service or of spot, or a contract in person to execute any work or labour and includes any individual unremarkably used underneath any such contract, whether or not such person is or isn't in a job at any explicit time.

Who can join a Trade Union?

Any person below the age of twenty-one, however on top of the age of sixteen, could also be a member of a registered labor union, (unless provision is created within the rules contrary to this) and can (subject to the principles of the trade union), fancy all the rights of a member.

Are there any categories of workers who cannot form Trade Unions?

Any association or combination consisting of-

judicial officers;
members of the armed Forces;
police officers;
prison officers; or
members of any corps established under the Agricultural Corps Ordinance,

Will not be considered a Trade Union and nothing in the Trade Union Ordinance will apply to such association or combination.

What are the rules for registering a Trade Union?

The name of the trade union and address
The objectives of the trade union and the purpose for which its funds will be utilized and the conditions under which any member may become entitled to any benefit assured by the trade union and the fines and forfeitures to be imposed on any member.
The manner of making, altering, amending, and rescinding rules.
The appointment or election and removal of an executive and of trustees, secretaries, treasurers, and other officers, of the trade union.
The custody and investment of the funds of the trade union, the designation of the officer or officers responsible and the annual or periodical audit of its accounts.
The inspection of the books and names of members of the trade union by any person having an interest in the funds of the trade union.
The manner of the dissolution of the trade union and the disposal of the funds available at the time of such dissolution.

What are the rules governing Trade Union?

Not but simple fraction of the entire range of the officers of each registered labor union shall be personstruly engaged or utilized in associate trade or occupation with that the labor union is connected.

The Labour Minister might, by special or general Order printed within the Gazette, declare that the provisions of this section shall not apply to any registered labor union or category of registered trade unions laid out inthe Order.

Any registered labor union might, with the consent of not but common fraction of the entire range of its members and subject to the provisions of Section thirty five within the labor union Ordinance, amendmentits name.

Any 2 or a lot of registered labor unions might become amalgamated along mutually labor union with orwhile not dissolution or division of the funds of such trade unions or either or any of them: only if the votes ofa minimum of simple fraction of the members of {every} or every such trade union entitled to vote square measure recorded, which a minimum of sixty per cent of the votes recorded square measure in favour of the proposal.

Notice should run in writing to the Registrar of each amendment of name and of each merger, signed,within the case of a amendment of name, by the secretary and by seven members of the labor uniondynamic its name, and, within the case of associate merger, by the secretary and by seven members of every and each labor union that could be a party to it.

The rules of each registered labor union shall be conspicuously exhibited at the registered workplace and shall be fitted out by the secretary to someone on demand. a duplicate of each new rule and of eachalteration created within the rules of a registered labor union should be sent to the Registrar inside seven days of the creating of such rules or alteration and shall be registered by the Registrar on payment of the prescribed fee.

The rules of a labor union is also created in Sinhala or Tamil or English.

Notice of all changes of workplacers or of the title of any officer shall be conspicuously exhibited within theregistered office of each registered labor union, and shall, inside seven days once the amendment, be sent to the Registrar by such labor union and also the Registrar correct the register consequently.

When a registered labor union is dissolved, notice of the dissolution signed by seven members and by the secretary of the labor union should run to the Registrar inside fourteen days of the dissolution.

The rules of a labor union shall offer for the appointment or election of trustees and for the filling of vacancieswithin the workplace of trustee in order that, as so much as is also, there'll forever be a minimum of 3trustees of the union. Any officer or member of a registered labor union is also appointed a trustee.

What is the definition of Unfair Labour Practices?

The Industrial Disputes (Amendment) Act, No. 56 of 1999 stipulates under the title Unfair Labour Practices that no employer shall:

(a) require a worker to join or refrain from joining, any trade union, or to withdraw from or to refrain from withdrawing from his/her membership of a trade union of which he/she is a member, as a condition of his/her employment;
(b) dismiss a worker by reason only of his/her membership of a trade union or of his/her engaging in trade union activities;
(c) give any inducement or promise to a worker for the purpose of preventing him/her from becoming, or continuing to be, a member, office bearer or representative of a trade union;
(d) prevent a workman from: (i) forming a trade union ; or (ii) supporting a trade union by financial or other means;
(e) interfere with the conduct of the activities of a trade union;
(f) dismiss, or otherwise take disciplinary action against, any worker or office-bearer of a trade union:
(i) for any statement made by such worker or office-bearer in good faith before any tribunal or person in authority; or
(ii) for any statement regarding acts or omissions of the employer relating to the terms and conditions of employment, of the members of such trade union made by such workman or office-bearer, during the pursuit of industrial action for the purpose of securing redress or amelioration of working conditions of the members;
(g) refuse to bargain with a trade union which has in its membership not less than forty percent of the workers on whose behalf the trade union seeks to bargain.

The Commissioner of Labour or an officer authorized by him in that behalf may conduct a poll at any work place in order to ascertain whether at least forty per cent of the workers on whose behalf the trade union seeks to bargain with the employer, are members of that trade union.

How is Collective Bargaining achieved in Sri Lanka?

Collective Bargaining is expedited by the economic Disputes Act No. 56 of 1999. the economic Disputes Act defines talks|negotiation|dialogue|talks} as bargaining between any leader or employers and staff, or trade unions of staff on terms and conditions of employment and different connected matters. the govt intervenes in stalemate things in talks to conciliate on problems in hand.

Wage determination in country includes the {method} of talks as a vital method particularly within thebanking sector, massive mercantilism corporations and also the plantation sector. The Employers’ Federation of Ceylon (EFC) represents their leader members in these negotiations. The Collective Agreements reached between parties square measure lawfully enforceable when they're placed with the Commissioner of Labour and revealed within the Government Gazette.

For the method of talks a talks Agent from the union with a membership of four-hundredth of themanpower is appointed and is then the principle communicator in consultation with the opposite unionswithin the business.

In the event of the terms of the labor agreement failing, because of the leader not honouring the conditions then conciliation through the economic Relations Department is initiated with a read to settle the dispute through a memo of Settlement. If that too fails, then each parties will resort to voluntary arbitration to resolve the dispute. If the organization initiates industrial action, then obligatory arbitration is enforced through the economic Court by the Commissioner of Labour. throughout this method disputes square measurearbitrated by one or panel of arbitrators and also the call of the economic Court is binding on the parties. buta method for attractiveness on points of law lies to the tribunal and also the Court of attractiveness.

Women Participation in Trade Unions

What is the labour force in Sri Lanka and what percentage of it are women?

According to the Department of Census and Statistic’s Sri Lanka Labour Force Survey – Second Quarter 2012 the estimated economically active population on the island is approximately 8.3 million.
Of the economically active population 67 percent constitute males and 33 percent are females.
Out of the economically inactive population 29.5 percent are males while females constitute 70.5 percent,

Which sectors have the greater representation of women workers in Sri Lanka?

According to the Labour Force Survey out of three sectors i.e. Agriculture, Industry and Services:

of a total of 30.0 percent of workers in the agriculture sector 31.7 percent are women workers,
while of the total 26.8 percent workers in the industrial sector 27.3 percent are women and;
of the total of 43.2 percent in the service sector 41.1 percent are women workers.
The survey maintains that women form a greater part of the agriculture sector at 31.17 percent in contrast to male workers who are at 29.2 percent.

Which main economically active sectors have a greater work force of women?

The plantation sector
The garment sector
The migrant worker sector

Why is it important for women to be active participants in trade unions, after all can’t men address the issues facing women in the work place?

They can, but they seldom fully grasp the special needs that female workers have in relation to their work situations.
Women are better able to place gender issues on the agenda than men for obvious reasons.
Women face disadvantages in terms of access to labour markets, and generally are not able to choose the type of work they would prefer.

Is there a discrepancy in the labour sector with regard to the wages and types of work that women engage in?

Women are overrepresented in the agricultural sector;
Women are also often in a disadvantaged position in terms of their share of the vulnerable employment in total employment and;
Women sometimes do not receive the same remuneration as their male counterparts.

How can greater participation by women in trade unions contribute to reducing gender differentials in the work place?

Only through equitable participation can women and men can achieve decent and productive work in conditions of freedom, equity, security and human dignity.
The increased and equitable participation of women in the process of social dialogue is fundamental to promoting gender equality through tripartism.
There is wider recognition of gender issues in the collective bargaining process when women rather than men highlight them.

What is the position of Sri Lankan women migrant workers with regard to organizing themselves?

According to the Central Bank of Sri Lanka, 262,960 persons had migrated for work in 2011. Of which 127,090 (48.3 percent) were women and of that 41 percent had migrated for work as domestic workers.
Most women migrant workers are employed in the domestic sector and are working in Middle East countries. Laws in many of the Middle Eastern countries, prohibit the establishment of/ participation in trade unions.
This inability to be organized into trade unions increases the vulnerability of employment of migrant workers.
Some worker organizations in Sri Lanka do address the issues faced by migrant workers and actively advocate and lobby for their rights.

Why are women under-represented in trade unions?

It is a challenge for employee organizations to mitigate the variations in union strength between sectors thatprimarily use men and people that preponderantly use ladies.
Very often culturally and socially, men have dominated the globe of labor, and trade unions tend to own the next proportion of men in their membership.
Some men even have stereotypic attitudes that mean that they like to vote for men instead of ladies to positions of workplace within the trade unions.
Since ladies play a large number of roles as employees, mothers, wives and caregivers, their time once workis mostly committed to their homes.
A lack of awareness of the advantages of organizing and happiness to a organisation could deter ladiesfrom change of integrity and running for workplace.
Some ladies ar part-time employees and will not feel the requirement to hitch a organisation.
Since additional ladies ar used in low paying jobs they'll not be ready to afford the union membership fees.
The lack of kid care facilities among the organization creates associate degree impediment to ladies want to remain once hours for union meetings/ activities.

What measures can trade unions take to ensure that women have more opportunities to participate in trade union activities and have equitable representation in the executive councils of the trade unions?

Special coaching programmes for girls employees lightness the advantages of organizing and happiness to trade unions, so as to secure their jobs, and rights as members of the labour force.
The provision of child care facilities by the organization, providing Associate in Nursing surroundings, wherebyladies World Health Organization square measure mothers will exercise their right to good work, organize and move members and workplace bearers of trade unions.
Conduct labor union conferences throughout times that square measure convenient for girls to attend.
Actively place gender problems sweet-faced by ladies on the agenda, and embrace them in negotiationagreements.
Encourage ladies employees to get membership in trade unions.
Establish a quota for girls as workplace bearers within the labor union.

How can women’s groups and organizations help facilitate greater participation by women in trade unions?

Create wider awareness concerning problems poignant girls within the world of labor. many of ussquare measure unaware of those problems.
Provide girls with effective illustration among a union, and encourage male union members to present parity of standing to girls in their govt councils.
Facilitate a rise within the visibility of ladies in trade unions.
Advocate for gender parity all told union activities.
Advocate with employers organizations to supply kid care facilities in order that additional girls will actively participate in union meetings/ activities.
Facilitate the mobilization and organization of ladies staff.
Provide academic opportunities for ladies within the space of organizing and employee rights.
Monitor gender parity in leader and employee organizations.
Effectively use gender desegregated information as an instance variations and discrimination.

Tuesday, December 17, 2019