TRADE UNION REGISTRATION

Trade Union Registration in India is governed by the Trade Unions Act, 1926. A Trade Union is an organized association of workers or employers formed to protect their common interests and improve working conditions, wages, and rights.

1. What is a Trade Union?

A Trade Union is a voluntary association of workers or employers formed to:

• Promote and defend their rights
• Improve working conditions
• Represent workers in negotiations
• Ensure fair wages and benefits

Trade Unions work through collective bargaining, negotiation, representation, and cooperation with management.

2. Benefits of Registering a Trade Union

A registered Trade Union:

• Becomes a legal entity
• Has perpetual succession
• Can sue and be sued in its own name
• Gets legal protection for union activities
• Can open bank accounts and hold property
• Gains recognition for collective bargaining
• Members receive protection against unfair labour practices

3. Requirements for Registration

To register a Trade Union, the following minimum qualifications must be met:

1. Minimum Membership Requirement

• At least 10% of workers or 100 workers, whichever is less, engaged in the establishment/industry
• OR
• A minimum of 7 members (in all cases)

2. Other Conditions

• Members must be above 15 years of age(to become union members)
• Minimum 18 years to become an office bearer

4. Documents Required for Registration

1. Application Form A (as per Trade Unions Act)
2. List of members with signatures
3. Copy of Union’s Rules / Constitution
4. Details of office bearers (name, age, profession, address)
5. Minutes of meeting approving formation of the union
6. Address of Union’s Head Office
7. Treasury receipt for registration fee (usually ₹100)
8. Affidavit verifying authenticity of the application

5. Essential Clauses in the Union Constitution(Rules)

The Trade Union’s Rules must cover:

• Name and objectives of the Union
• Membership rules
• Subscription fees
• Duties and rights of members
• Election process for office bearers
• Safe custody of funds
• Audit and account management
• Dissolution procedure
• Executive committee structure

6. Registration Process (Step-by-Step)

Step 1: Formation of Trade Union
Workers decide to form a union and select minimum 7 members.

Step 2: Drafting of Constitution
Prepare the Rules / Constitution as per legal requirements.

Step 3: Submission of Application
File Form A along with required documents to the Registrar of Trade Unions of the State.

Step 4: Scrutiny by Registrar
Registrar verifies:

• documents
• membership strength
• legal compliance

Step 5: Certificate of Registration
If satisfied,Registrar issues a Certificate of Registration under Section 9 ,which provides legal recognition.

7. Duties & Responsibilities of Registered Trade Unions

• Maintain proper books of accounts
• File annual returns
• Conduct elections as per rules
• Maintain membership registers
• Report changes in office bearers
• Use funds only for permitted activities

8. Cancellation of Registration

Registration may be cancelled if:

• Certificate obtained through fraud
• Union stops function
• Rules are violated
• Membership falls below the required minimum

Registrar must provide proper notice before cancellation.

9. Rights of Registered Trade Unions

A registered union has the right to:

• Represent members in disputes
• Raise collective demands
• Access legal immunities under the Act
• Open bank accounts
• Acquire and hold property
• Negotiate settlements
• Engage in lawful strike activities (as per industrial laws)

10. Legal Immunities

Registered Trade Unions are protected against:

• Certain civil and criminal actions for peaceful strikes
• Conspiracy charges related to union activities
• Liability related to acts done in furtherance of union objectives