1] TITLE AND APPLICATION:-

a) These regulations may be called the Central Trade Union Regulations,1938.

b) The regulations apply to Trade Unions whose objects are not confined to one 2(state).

2] DEFINATIONS – In these regulations:

a) The act means the Indian Trade Unions Act, 1926.

b) ”Form” means a form Appended to the regulations.

c) ”Section” means a Section of the Act.

3] APPLICATION FOR REGISTRATION:-

Every application for registration of a Trade Union shall be made in Form A.

4] REGISTER OF TRADE UNION:-

The Register of the Trade Union referred to in section 8 shall be maintained in Form B.

5] CERTIFICATE OF REGISTRATION:-

a) The Certificate of Registration issued by the Registrar under the section 9 shall be in Form C.

b) When the Registrar registers a change of name under section 25, sub section (3), he shall certify under his signature at the foot of the certificate in it’s presentation to him by the Secretary that the new name has been registered.

The Central Trade Union Regulations 1938.

In excercise of the power conferred by section 29 of the Indian Trade Unions Act, 1926 ( 16 of 1926) , and by the said selection of the said Act as in the force in Berar, the Central Government is pleased , in relation to Trade Unions whose objects are not confined to one 2 (state), to make the following regulations, the same having been previously published as required by the sub-section (1) of section 30 of the said act namely.

THE CENTRAL TRADE UNION REGULATIONS 1938.

REGULATIONS

1] Title and Application.

2] Definitions.

3] Application for Registration – Form A

4] Register of Trade Union – Form B

5] Certificate of registration- Form C

6] Cancellation of registration.

7] Unions registered with 3 State Registrars.

8] Fees.

9] Ammendment of Rules.

10] Funds of a dissolved Trade Union.

11] Appeal.

12] Auditor.

13] Returns – Form D

14] Exception.

15] Audit.

16] Audit of Political Funds.

17] Inspection.

TRADE UNION CONTENTS

Chapter 3 ( Rights and Liabilities of Registered Union)

15] Objects on which general funds may be spent.

16] Constitution of a separate fund for political purposes.

17] Criminal conspiracy in trade disputes.

18] Immunity from Civil suit in certain cases.

19] Enforceability of agreements.

20] Right to inspect books of Trade Unions.

21] Rights of minors to membership of Trade Union.

22] Proportion of officers.

23] Change of name.

24] Amalgamation of Trade Union.

25] Notice of change of name or amalgamation.

26] Effects of change of name and of amalgamation.

27] Dissolution.

28] Returns.

TRADE UNION CONTENTS

Chapter 3 ( Rights and Liabilities of registered Trade Unions)

15) Objects on which general funds may be spent.

16) Constitution of a separate fund for political purposes.

17) Criminal conspiracy in trade disputes.

18) Immunity from Civil suit in certain cases.

19) Enforceability of agreements.

20) Rights to inspect books of Trade Union.

21) Rights of minors to membership of Trade Union.

22) Proportion of officers to be connected with industry.

23) Change of name.

24) Amalgamation of Trade Union.

25) Notice of change of name of amalgamation.

26) Effects of change of name and amalgamation.

27) Dissolution.

28) Returns.

Chapter 4 ( Regulations )

29) Power to make regulations.

30) Publication of regulation.

Chapter 5 ( Penalties and Procedure )

31) Failure to submit returns.

32) Supplying false information regarding Trade Unions.

33) Cognizance of offense.

TRADE UNION CONTENTS

Chapter 1 [ PRELIMINARY ]

  1. Short title , extent and commencement
  2. Definitions

Chapter 2 [ REGISTRATION OF TRADE UNION ]

3. Appointment of Registrars.

4. Mode of Registration.

5. Application of Registration.

6. Provisions to be contained in the rules of a Trade Union.

7. Power to call for further particulars and to require alternations of names.

8. Registration.

9. Certificate of Registration.

10. Cancellation if Registration.

11. Appeal.

12. Registered Office.

13. Incorporation of registered Trade Union.

14. Certain Acts not to apply to registered Trade Unions.

WORKPLACE GRIEVANCES

If you have a workplace grievance, you can seek help from your company, your union or outside counsellors.

WHAT IS A WORKPLACE GRIEVANCE?

A workplace grievance is discontent or feeling of being victimized at work.

For eg :- Arising from the managment style or lack of sensitivity on a supervisor’s part.

Miscommunication and Misunderstandings are Comman in such work environments. If not managed properly, it can affect morale and productivity.

If your grievance is specifically about the workplace harrassment.

WHAT CAN YOU DO :-

If you are an employee who feels victimized, you can :-

1) Raise grievance and seek recourse through grievance – handling channels in your company.

2) Report your supervisor’s behavior to stop management.

3) Approach your Union for assistance.

4) Seek counseling support from centers.

NOTE :- You should immediately make a police report for cases involving physical harm or threat of harm.

WHAT EMPLOYERS CAN DO :-

Employers should aim to prevent misunderstandings from occurring by :-

1) Treating employees with respect, and adopt fair and responsible employment practices.

2) Ensuring that lines of communication are kept open.

3) Providing proper grievance- handling procedures and addressing grievances appropriately.

4) Keeping employees informed of such channels, including how top management can be approached.

WHEN TO FILE A CLAIM

You should file a wrongful dismissal claims at TADM within one month from thr last day of your employment, if you feel that your dismissal was wrong.

For Dismissals without notice , your employment must show proof that the dismissal was not wrongful.

For Dismissals, with notice or salary in lieu of notice , you must show proof, that your dismissal was wrongful.

If your wrongful dismissals claims cannot be resolved at TADM, it will be referred to the Employment Claims Tribunals. If the ECT judges that a dismissal is wrongful your employees maybe ordered to do one of the following:

1] Reinstate you to your former job and pay you for any income loss due to the wrongful dismissal.

2] Pay you a sum of money as compensation.

For Managers and Executives : If you were dismissed with notice or salary in lieu of the notice, you can only file a wrongful dismissal claim. If you have served your employee for atleast 6 months.

TERMINATION WITHOUT NOTICE

If you resign without notice you need to pay salary in lieu of notice.Termination without notice can happen in situations such as breaking the terms of the contract, failure to pay salary and absence without cause.

Either you or your employer may terminate a contract without waiting for the notice period to end.

You can do so by paying the other party compensation in lieu of notice [ notice pay ]. This is money equivalent to the salary that you would have earned during the required notice period.