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.

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.

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.

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.

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.

A contract is a legal document that binds atleast two parties to one another and requires them to meet certain obligations detailed in the contract. In some instances, contract termination can occur that will make the contract void of legal binding. Only the parties involved in the agreement may terminate a contract.

1] IMPOSSIBILITY OF PERFORMANCE :-

A contract typically requires one or more parties to do something which is called Performance.

Eg :- A company may hire and sign a contract to have a public speaker talk at a company event.

Once the public speaker fulfills his duties agreed upon in the contract, it is called performance. If for some reason it is impossible for the public speaker to fulfill his duties , it is called impossibility of performance or sometimes Frustration.

2] BREACH OF CONTRACT :-

When a contract is intentionally not honored by one party, it is called a Breach of Contract and is grounds for contract termination. A breach of contract may exist because one party failed to meet his obligations fully.

Eg :- If you purchase a product that did not arrive until a day after they agreed upon the delivery date that is an immaterial breach of contract.

However, if your orders did not come until two weeks after the delivery date and it affected your business, then that is material breach of contract.

2] DISCHARGE : The termination of employment of employees who are not workman are governed by the notice period in their employment contract and the Shops and Establishment Act ( ”S & E” ) of the state in which they work. Generally the State S & E’s provide for atleast one month’s notice of termination or pay in lieu of termination and in some instances, termination needs to be with cause and in some cases the employer needs to pay compensation for terminating the employee. The notice of dismissal under an employment contract should not be less favorable than what is prescribed under the law.

3] RETRENCHMENT : The ID Act sets out the steps to be undertaken for retrenchment. The term retrenchment has been defined to mean termination by the employer of employment of a worker, for any reason other than disciplinary grounds, with certain exceptions.

An employer who proposes to retrench a workman, who has been continously employed for more than one year , must give one month’s notice ( together with the reason for retrenchment) or pay in lieu of such notice to the workman.The employer must also inform the local labour authorities of the retrenchment within a stipulated time frame.

Termination of employment may take place due to misconduct, discharge or retrenchment.

1. MISCONDUCT : Termination of employment can be for misconduct, for which the employer is required to conduct disciplinary proceedings . The procedure to terminate an employee in India, for conducting a disciplinary proceeding has been set out under law. It includes constituting and having a disciplinary panel, serving a show cause notice to the errant employee, and giving the employee a reasonable chance to put chance to put forth his defense. Proceedings have to be conducted in a fair manner, keeping in mind the principles of natural justice.

In some cases, the outcome of the disciplinary proceeding may justify dismissal without notice and any compensation. Under the law, the term misconduct provides a list of circumstances and events would amount to Misconduct. It is an inclusive list and hence the employers have the right to include in their company policies/ service rules, such other events as it may deem fit, which would in their line of business amount to misconduct.

Misconduct includes Wilful Insubordination or Disobedience; Theft , Fraud or Dishonesty; Wilful damage or Loss of employer’s property; Bribery; Habitual lateness or Absence; Striking unlawfully and Sexual harrasment.

The aforesaid procedure for termination will apply to all employees whether workman or non-workman.

As previously mentioned, any termination needs to comply with federal and state law because these laws supersede contract provisions. However, state law becomes the rule of the thumb for terminating an employee. State law itself is dependent on the area of operations.

☆ LABOUR LEGISLATION GOVERNING TERMINATION IN INDIAN STATES :

In the following section, we examine state laws for termination in several prominent investment destinations in India , including Delhi Union Territory, Maharashtra, Karnataka and Tamil Nadu.

☆ STATE LABOUR LAW IN DELHI UNION TERRITORY :

Under the Delhi Shops and Establishments Act of 1954, an employer cannot terminate an employee who has been with the company for more than three months without giving the employee atleast 30 days of notice or a salary in lieu of such notices. The employer need not give notice if misconduct is the cause for termination. However, the employee in such circumstances, should have an opportunity to reasonably explain the charge against them prior to termination.

☆ STATE LABOR LAW IN MAHARASHTRA :

Under the Maharashtra Shops and Establishments Act, an employer cannot terminate an employee who has been with the company for more than a year without giving the employee atleast 30 days of notice in writing. If an employee has been with the company more than 3 months but less than a year, the employer needs to give atleast 14 days of notice. The notice is not necessary if the employee is being terminated for misconduct.

Although, there are terms of employment defining the specific terms, the employees in the organized private sector are governed by various laws such as Payments of Bonus Act, Equal Remuneration Act, Payment of Gratutity Act, Employees Provident Fund and Miscellaneous Provisions Act, Employees State Insurance Act, Maternity Benefit Act,etc.

The right to safe working place with better amenities, right to appropriate working hours, right to any assured incentive etc are protected under law. Here’s a list of essential rights of an employee under the various laws and regulations.

1. EMPLOYMENT AGREEMENT= These days the norm is to enter into an employment agreement, which details out the terms of employment like compensation, place of work, designation, work hours etc. The rights and obligations of both the employer and employee are listed out clearly like Non-Disclosure of Confidential Information and Trade Secrets, Timely payment, Provident Fund etc. In case of a dispute the agreement also contains a mechanism for effective dispute resolution.
2. MATERNITY BENEFIT= The Maternity Benefit Act,1961, provides for Prenatal and Postnatal Benefits for a female employee in an establishment. Post 2017 ammendments, the duration of paid leave for a pregnant female employee has been increased to 26 weeks, including 8 weeks of postnatal paid leaves. In case of a complicated pregnancy, delivery, premature birth, medical termination, female employees are entitled to one-month paid-leave. In case of Tubectomy procedure, only two weeks of additional paid leave is provided for. Pregnant female employees cannot be discharged or dismissed on account of such abscene. Such employees are not to be employed by the employer within six weeks of delivery or miscarriage. If dismissed they can still claim their Maternity Benefits. In India, men do not get any paid paternity leave the Central Government provides for child care leave and paid paternal leave. But in case of private sector, it is a discretionary right of the employer.