Draft Trade Union (Amendment) Bill 2018

Jul 24, 2018 | by Avantis RegTech Legal Research Team

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The Ministry of Labour and Employment vide notification dated July 20, 2018 has issued Draft Trade Union (Amendment) Bill, 2018 to incorporate the provisions of recognition of trade unions/ federation of trade unions at Central and State Level.

The following sections have been inserted:

·         Section 28 A- Recognition of Trade Unions at Central and State level.

                                I.            Where the Central Government, for the prescribed purposes, is of the opinion that it is necessary or expedient that the Trade Union or a federation of Trade Unions is to be recognized as Central Trade Union at the Central level, it may recognise the Trade Union or a federation of Trade Unions as the Central Trade Union in such manner and by secret ballot as may be prescribed and if any dispute arises in relation to such recognition, it shall be decided by such authority in such manner as may be prescribed by the Central Government

 

                              II.            Where the State Government, for the prescribed purposes, is of the opinion that it is necessary or expedient that the Trade Union or a federation of Trade Unions is to be recognised as State Trade Union at the State level, it may recognize the Trade Union or a federation of Trade Unions as State Trade Union in such manner and by secret ballot as may be prescribed and if any dispute arises in relation to such recognition, it shall be decided by such authority in such manner as may be prescribed by the State Government

                            III.             The Trade Union or a federation of Trade Unions,- (i) recognised as Central Trade Union under sub-section (1); or (ii) recognised as State Trade Union under sub-section (2), shall be the recognised Central Trade Union for the purposes of the Trade Unions in respect of which, the Central Government is the appropriate Government or as the case may be, the recognised State Trade Union for the purposes of the Trade Unions in respect of which, the State Government is the appropriate Government.

 

·         Amendment of Section 29

In section 29 of the principal Act, after sub» section (2), the following subsection shall be inserted, namely:-

 ”(2A) Without prejudice to the generality of sub-section (1),- (i) the Central Government may make regulations for the prescribed purposes, the manner of recognition, the authority to decide the dispute and the manner of deciding such dispute under sub, section (1) of section 28A; and (ii) the State Government may make regulations for the prescribed purposes, the manner of recognition, the authority to decide the dispute and the manner of deciding such disputes under subsection (2) of section 28A.".

 

The Ministry has requested comments on the Draft Trade Unions (Amendment) Bill, 2018 at the earliest but latest by August 10, 2018 to enable the Ministry to finalize the same.

 

[No.S 13025/4/2017 IR/PL]

 

URL: https://labour.gov.in/sites/default/files/The%20Trade%20Unions%20Amendment%20Bill%202018.pdf

 

 


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