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Corporate Legal Framework




                    Notes                   major cause for weakening the Trade Union Movement in India. Multiple unionism
                                            also results in the small size of the unions, poor fi nances, etc.
                                       (c)   Union Rivalry: The formal basis for Trade Union Organisation is provided by the
                                            Indian Trade Union Act, 1926. The relevant article reads as follows:

                                            “Any seven or more members of a trade union may be subscribing their name to the
                                            roles of the trade union and by otherwise complying with the provisions of this Act
                                            with respect to the registration, apply for registration of the trade union under this
                                            Act.”
                                            This provision has led to the formation of multiple unions and resulted in inter-union
                                            rivalry in different industries. But the inter-union rivalry breaks the very purpose of
                                            the trade unions by weakening the strength of collective bargaining. On the other
                                            hand, the existence of a single, strong union not only protects the employee interests
                                            more effectively but also halts the various unproductive activities of the unions and
                                            forces the leaders to concentrate on the strategic issues. Further, it helps to bring
                                            about congenial industrial relations by bringing about a system of orderliness in
                                            dealing with the employees and by facilitating expeditious settlement of disputes.

                                            The state of rivalry between two groups of the same union is said to be inter-union
                                            rivalry. Inter and intra-union rivalries have been a potent cause of industrial disputes
                                            in the country. They are responsible for weak bargaining power of trade unions in
                                            collective bargaining. These rivalries are responsible for slow growth of trade union
                                            movement in the country.
                                       (d)   Finance: Sound financial position is an essential ingredient for the effective functioning

                                            of trade unions, because in the process of rendering services or fulfilling their goals,

                                            trade unions have to perform a variety of functions and organise programmes which

                                            require enormous financial commitments. Hence, it is imperative on the part of a
                                            trade union to strengthen its fi nancial position.
                                            But it is felt that the income and expenditure of the trade unions in India over the
                                            years is such, with few exceptions, that the financial position of the unions is generally

                                            weak, affecting their functioning. It is opined that the “… trade unions could be
                                            more effective, if they paid more attention to strengthening their organisations and
                                            achieving higher degree of fi nancial solvency.”
                                            The primary source of income to the unions is membership subscription. The

                                            other sources of union  finances are donations, sale of periodicals, etc. The items

                                            of expenditure include: allowances to office bearers, salaries to office staff, annual

                                            convention/meeting expenses, rents, stationery, printing, postage, telegrams, etc.

                                     Did u know? Most of the trade unions in India suffer from inadequate funds. This unsound
                                     financial position is mostly due to low membership and low rate of membership fee. The

                                     Trade Union Act, 1926, prescribed the membership fee at 25 paise per member per month.
                                     But the National Commission on Labour recommended the increase of rate of membership
                                     subscription from 25 paise to Re. 1 in the year 1990. But the Government did not accept this
                                     recommendation.
                                            As the National Commission on Labour observes, “an important factor limiting the
                                            effective functioning of unions in our country has been their  fi nancial  weakness.
                                            In most unions, poor  finances are the result of inadequate membership strength.

                                            This, in turn, can be traced to the small size of units. In a majority of unions, the
                                            rate of contributions required of members is also small. With a relatively low rate
                                            of unionisation, total funds collected are small. The general picture of fi nances of
                                            unions is disappointing.”




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