Procedures Of Recognition And Rights Of A Trade Union
When an employer and a trade union agree to negotiate on the terms and stipulations of employment
, the trade union is considered to be recognized by the employer. The process of this bargaining of terms is acknowledged as collective bargaining and the group of workers that is represented by the union is referred as bargaining unit.In June 2006, the trade union recognition became a compulsion for any individual who has more than 20 employees working under him/her. For gaining recognition, a trade union can follow two procedures.
Voluntary Recognition: If in any case the employer does not agree to recognize a trade union, the union can opt to make a voluntary agreement with the employer and become recognized without having to do any legal procedures.
Statutory Recognition: If the trade union and the employer are unable to come to agreement terms for voluntary recognition, the trade union can apply for the process of statutory recognition by writing to the employer and requesting for recognition. This procedure can only be valid if the organization has 21 or more workers.
After the recognition of a trade union, the employer has to accept certain legal obligations. The legal duties of an employer towards the trade union are as follows:
The employer has to allow the representatives of the trade union to take paid leave to perform their duties towards the union.
The employer also has to allow the members of the union a reasonable time off to carry out trade union activities.
Learning representative of the union also has the rights to take time off with pay.
The union has the right to appoint representatives for health and safety. The union consults these representatives from time to time regarding the workplace issues of health and safety.
The employer also has to consult and inform the trade union if any changes are made or are being made to the pension schemes.
The trade unions also need to be informed and consulted in the times of collective idleness.
These rules or legal obligations apply to the employer regardless of the type of recognition.
Now as the recognition of a trade union has been made a compulsion by the law, even if the employer does not agree to it, it has resulted in more demands being made by the trade unions to the employer which ultimately causes resistance among them. Hence, it is necessary for trade unions and employer to develop good relations through negotiations.
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