Rights and Liabilities of Registered Trade Union

Registered trade unions in India have specific rights and liabilities granted under the Trade Union Act, 1926. These rights and liabilities are important for trade unions to function effectively and represent the interests of their members.

Rights of Registered Trade Unions

1. Right to Legal Recognition: Registered trade unions are recognized as legal entities with the right to sue and be sued in their own name. This legal recognition allows them to enter into contracts, own property, and engage in legal proceedings.
2. Collective Bargaining: Trade unions have the right to engage in collective bargaining on behalf of their members with employers or employer associations. This includes negotiating for better wages, working conditions, and other employment-related matters.
3. Representing Members: Trade unions have the right to represent their members in various forums, including labor disputes, disciplinary proceedings, and negotiations with employers or government authorities.
4. Conducting Legal Proceedings: Registered trade unions can initiate and participate in legal proceedings related to labor disputes, unfair labor practices, or other issues affecting their members’ interests.
5. Right to Strike: Trade unions have the right to call for and organize strikes, subject to certain legal restrictions and procedures. Strikes can be a powerful tool for advancing workers’ demands.
6. Right to Lockout: In response to certain situations, employers have the right to declare a lockout, and trade unions have the right to challenge the legality of such actions if they believe they are unfair or illegal.
7. Participating in Labor Disputes: Trade unions can participate in labor disputes, including strikes, lockouts, and industrial actions, to protect the interests of their members.
8. Political Contributions: Registered trade unions have the right to make political contributions and engage in political activities, subject to certain legal limits and regulations.

Liabilities of Registered Trade Unions

1. Compliance with Laws: Trade unions are obligated to comply with all applicable laws and regulations. This includes adhering to the rules and regulations outlined in the Trade Union Act, 1926.
2. Accountability: Trade unions must maintain proper accounts and financial records, conduct regular audits, and submit audited financial statements to the Registrar of Trade Unions.
3. No Restriction of Trade: Trade unions are not allowed to impose restrictions on the employment of non-union members, and they cannot indulge in any unfair labor practices that could hinder an individual’s right to work.
4. No Affiliation with Foreign Organizations: Trade unions are generally not allowed to affiliate with or receive financial support from foreign trade unions or organizations without the approval of the central government.
5. No Misappropriation of Funds: Trade unions are expected to manage their funds responsibly and are prohibited from misappropriating or misusing funds meant for the welfare of their members.
6. No Violence or Coercion: Trade unions must refrain from using violence, coercion, or intimidation in pursuing their objectives or in labor disputes. They must engage in peaceful and lawful means of achieving their goals.
7. Maintaining Records: Trade unions are required to maintain proper records of their activities, membership lists, and other relevant documentation as per the Trade Union Act.