Vous êtes sur la page 1sur 74

m Application of registration.

(section: 177)
m Requirements of application.(section: 178)
m Requirements of registration.(section: 179)
m Condition of service to remain unchanged while
application for registration pending.(section:186)
m President and certain officers not to be
transferred.(section: 187)
m Disqualification for being an officer or a member of
a trade union.(section: 188)

3
m Cancellation of registration.(section: 190)
m No trade union to function without
registration.(section: 192)
m Unfair labor practices on the part of
employers.(section: 195)
m Unfair labor practices on the part of
worker.(section: 196)
m Collective bargaining agent.(section: 202)
m Check-off.(section: 204)
m Participation committee.(section: 205)

4
 ðÔ  ë means a trade union of workers or
employers formed and registered under  

and includes a federation of trade unions.
Some trade union currently active in Bangladesh-
I. Bangladesh Free Trade Union Congress (BFTUC).
II. Bangladesh Ganotantrik Sramik Federation.
III. Bangladesh Jatio Sramik League.
IV. Bangladesh Jatiyo Sramik Jote.
V. Bangladesh Labour Federation.
VI. Bangladesh Mukto Sramik Federation (BMSF).
VII. Bangladesh Trade Union Kendra.

5
VIII. Jatio Sramik Federation.
IX. Jatyo Sramik League.
X. Samajtantrik Sramik Front.
XI. Bangladesh Independent Garment Workers Union
Federation (BIGUF).
XII. Bangladesh Garment & Industrial Workers Federation
(BGIWF).
XIII. Bangladesh Jatyatabadi Sramik Dal.

6
 Any trade union may, under the signature of its
president and the secretary, apply for registration
of trade union under this Chapter to the Register of
Trade Unions of the area concerned.

7
1. Every application for registration of a trade union
shall be made to the Director of Labour or to an
officer authorised in this behalf.
2. The application shall be accompanied by the
following particulars, namely-
I. A statement showing the following Information
namely-
i. The name of the trade union and address of its
head office;
ii. Date of formation of the union;

8
iii. The titles, names, age, addresses and occupations
of the officers of the trade union;
iv. Statement of total paid membership;
v. The name of the establishment to which the trade
union relates and the total number of workers
employed or engaged therein;
vi. in case of a federation of trade unions, the names,
addresses and registration numbers of member
unions;
II. Three copies of the constitution of the trade union
together with a copy of the resolution by the member of
the trade union adopting such constitution bearing the
signature of the Chairman of the meeting;
9
III. A copy of the resolution by the members of the trade
union authorising its President and the Secretary to
apply for its registration; and

IV. In case of a federation of trade unions, a copy of the


resolution from each of the constituent unions
agreeing to become a member of the federation.

10
3. On receipt of an application under sub-section (1), the
Director of Labour or the officer authorised in this respect
shall forthwith send a copy thereof (together with a list of
the officers of the union) to the employer concerned for
his information.

—  that in case of group of establishments, the


Registrar of Trade Unions shall cause public advertisement
together with a list of the officers of the union at the cost
of the applicant.

11
1. A trade union shall not be entitled to registration
under this Chapter unless the constitution thereof
provides for the following matters, namely:-
a. The name and address of the trade union;
b. The objects for which the trade union has been
formed;
c. The manner in which a worker may become a member
of the trade union specifying therein that no worker
shall be enrolled as its member unless he applies in
the form set out in the constitution declaring that he is
not a member of any other trade union;

12
Explanation-to become a member of a trade union a
worker have to declare that he is not attached with any
other trade union.
d. The sources of the fund of the trade union and the
purposes for which such fund shall be applicable;
e. The conditions under which a member shall be entitled
to any benefit assured by the constitution of the trade
union and under which any fine or forfeiture may be
imposed on him;
f. The maintenance of a list of the members of the trade
union and of a adequate facilities for the inspection
thereof by the officers and members of the trade union;

13
            

g. The manner in which the constitution shall be


amended, varied or rescinded;
h. The safe custody of the funds of the trade unions, its
annual audit, the manner of audit and adequate
facilities for inspection of the account books by the
officers and members of trade union;
i. the manner in which the trade union may be
dissolved;

14
j. the manner of election of officers by the general body
of the trade union and the term, not exceeding two
years, for which an officer may hold office upon his
election or re-election;
Explanation-should have a certain process by which the
general body will be elected for not more than two years.
k. the number of members of the executive which shall
not be less than five and more than thirty five as may
be prescribed by rules;

15
l. the procedure for expressing want of confidence in
any officer of the trade union; and
m. the meetings of the executive and of the general
body of the trade union, so that the executive shall
meet at least once in every three months and the
general body at least once every year.
2. A trade union of workers shall not be entitled to
registration under this Chapter unless it has a
minimum membership of thirty percent of the
total number of workers employed in the
establishment in which it is formed:

16
—  that more than one establishment under the
same employer, which are allied to and connected with one
another for the purpose of carrying out the same industry
irrespective of their place of situation, shall be deemed to
be one establishment for the purpose of this sub-section.

Explanation-to become a registered trade union, it must


enrol thirty percent of the total number of workers in the
establishment, if there is more than one establishment
under the same employer for the purpose of carrying out
the same industry than those will be considered as a one
establishment.

17
3. Where any doubt or dispute arises as to whether any two
or more establishment are under the same employer or
whether they are allied to or connected with one another
for the purpose of carrying on the same industry, the
matters may be referred to the Director of Labour for
disposal.

Explanation-if any dispute arises about whether the


establishment should be considered as a one
establishment, then one can go to the Director of Labour
for solution.

18
4. Any person aggrieved by the decision of the Director of
Labour given under sub-section (3) may, within thirty days
of the decision, prefer an appeal to the Labour Court and
the decision of the Labour Court shall be final.

Explanation-even after the solution given by the Director


of Labour is not sufficient enough, then one can go to the
Labour Court and its decision shall be final.

19
5. There shall not be more than three registered
trade unions in an establishment or group of
establishments at a time.

20
1. Notwithstanding anything contained in the constitution of
a trades union , a person shall not be entitled to be, or to
be elected as, an officer or member of it , if.-

a. he has been convicted of an offence involving moral


turpitude or an offence under Section 196(2)(d) or Section
298 and a period of two years has not elapsed since his
release.
b. He is not employed or engaged in the establishment in
which the trade union is formed
c. Nothing in clause (b) of sub-section (1) shall apply to any
federation of trade unions._

21
Explanation-if any worker try to compel or attempt to
compel any worker to pay or refrain from paying ,any
subscription towards the fund of any trade union by using
like intimidation ,coercion ʹforce to do something ,pressure
ʹmental or financial ,threat of property or life
,confinement to a place ,physical injury, disconnection of
telephone ,water and power facilities and such other
methods and penalty for misappropriation of provident
funds or trade union funds, and two years after discharge
from jail, not involve in any form of trade union activities
before and federations of trade union are exempted from
clause (b) of sub ʹsection (1).

22
1. No employer shall, while an application for registration of a
trade union formed in his establishment is pending ,alter
without prior permission of the Director of Labour ,to the
disadvantage of any officer of such trade union, the
condition of service applicable to him before the
application.
2. Notwithstanding anything contained in section 26, the
employment of a worker ,who is a member of such trade
union ,shall not ,during pendency of such application ,be
terminated by the employer under that section.

23
Explanation-an employer is unable to change the T&C of
the service of any employee before the completion
registration of trade union without the legal permission
Director of Labour that cause any inconvenience to the
employee. Four reasons of termination of employment by
employers otherwise than by dismissal, etc- can not be
done by the employer before the completion of
registration.

24
1. Neither the President nor the General Secretary ,the
Organization Secretary, OR Treasurer of any trade union
shall be transferred from one district to another without
his consent.

Explanation: without the permission of president, general


secretary, treasurer one can not transfer them to another
district.

25
›
             
 
                
    

     

   

 
             

          
 

       

             
    

            

26
2. Where the director of labour is satisfied after investigation
that the registration of a trade union should be cancelled,
he shall submit an application to the labour court praying
for permission to cancel such registration.
3. The director of labour shall cancel the registration of a
trade union within thirty days from the date of receipt of
permission from the labour court.
4. The registration of a trade union shall not be cancelled on
the ground mentioned in clause (e) of sub-section (1) if the
application to the labour court is not submitted within
three months from the date of commission of the alleged
unfair labour practice.

27
No trade union to function without registration-
1. Subject to the provisions of section 191(2), no trade union
which is unregistered or whose registration has been
cancelled shall function as a trade union.
2. No person shall collect any subscription other than
enrolment fee, for any fund of a trade union mentioned in
sub-section (1).

28
 Two acts have been included under this topic.
They are-
Section 195: Unfair labor practices on the part of
employer.
Under this section there are 12 clause.
Section 196: Unfair labor practices on the part of
workers.
Under this section there are 3 clause .
Under the second clause there are 6 sub-clause.

29
 No employer or trade union of employers or no person
acting on behalf of either shall-
a. Impose any condition in a contract of employment seeking to
restrain the right of a person who is a party to such contract to
join a trade union or continue his membership of a trade union;
Explanation: There will not be such a condition in contract
that will not allow a worker to join a trade union.
b. Refuse to employ or refuse to continue to employ any person on
the ground that such person is, or is not, member or officer of a
trade union;
Explanation: A worker can not be discharged just because
he/she is or isn͛t a member of a trade union.

30
c. Discriminate against any person in regard to any
employment, promotion, condition of employment or
working condition on the ground that such person is, or is
not a member or officer of a trade union;
Explanation: A worker can not be promoted just because
he/she is a member of a certain trade union. Also, there
should not be any discrimination in this case.
d. Dismiss, discharge, remove from employment or threaten
to dismiss, discharge or remove from employment a worker
or injure threaten to injure him in respect of his
employment by reason that the worker is or proposes to
become , or seeks to persuade any other person to
become, a member or officer of a trade union or
participates in the promotion, formation or activities of a
trade union;

31
Explanation: an employer can not discharge a worker just
because he/she wants to participate in a trade union, he
should not be threatened of dismissal and physical injury.
e. Include any person too refrain from becoming, or to cease
to be a member or officer of a trade union, by conferring
or offering to confer any advantage on, or by procuring or
offering to procure any advantage for such person or any
other person;
Explanation: a worker should not be bribed to leave any
trade union.

32
f. Compel or attempt to compel any officer of the collective
bargaining agent to sign a memorandum of settlement by
using intimidation, coercion, pressure, threat, confinement
to a place, physical injury, disconnection of water, power
and telephone facilities and such other methods;
Explanation: employer can not force a collective
bargaining agent to sign any memorandum by force or
torturing both physically and mentally way.
g. Interfere with, or in any way influence the balloting
provided for in the section 202;

33
h. Recruit any new worker during the period of strike under
section 211 or during the currency of a strike which is not
illegal except where the conciliator has, being satisfied that
complete cessation of work is likely to cause serious
damage to the machinery or installation, permitted
temporary employment of a limited number of workers in
the section the damage is likely to occur;
Explanation: according to section 211 during strike
employer can not recruit any new worker but if the
conciliator thinks that because of this strike damage in
machinery and installation may occur then the employer
can recruit a few workers.

34
i. Deliberately fail to take measure as per the
recommendation of the participating committee;
Explanation: an employer will not fail to take measure
according to the recommendation of participating
committee on purpose.

j. Failed to give reply to any communication made by the


collective bargaining agent regarding any industrial
dispute;
Explanation: an employer will not fail to reply any letter
sent by collective bargaining agent.

35
k. Transfer the president, the general secretary, the
organizing secretary, or the treasurer of any trade union in
contravention of the provision of section 187;
Explanation: an employer will not transfer the president,
the general secretary, the organizing secretary, or the
treasurer of any trade union by breaking law section no
187
l. Commence or continue an illegal lock-out or incite others
to take part in that.
Explanation: an employer will not start/run an illegal
lock-out(stopping somebody from getting in) or he/she
will not provoke anyone to participate this lock-out

36
I. No worker shall join in any trade union activities during his
working hour without the permission of the employer:
  that nothing contained in this sub-section shall
apply to the president or the general secretary of the
trade union which is the collective bargaining agent for
the establishment, if such activities relate to the
participation in any committee, negotiation, conciliation,
arbitration or proceeding under this code, and the
employer has been duly informed of such activities.
Explanation: without the permission of employer no
worker can attend trade union with in working hour.
but, for collective bargaining agents, president, general
secretary this law will not be applicable.

37
II. No worker or trade union of workers or no person acting
on behalf of such union shall-
a. Intimidate any worker to become, or refrain from
becoming, or to continue to be, or to cease to be a
member or officer of a trade union;
Explanation: a worker will not provoke or threaten
any other worker to join or leave any trade union.
b. Induce any person to refrain from becoming, or
cease to be a member or officer of a trade union, by
conferring or offering to confer any advantage on, or
by procuring or offering to procure any advantage
for, such person or any other person.

38
Explanation: a worker will not promise to provide
any opportunity and thus request him/her to leave
any trade union.
c. Compel or attempt to compel any worker to pay, or
refrain from paying, any subscription towards the
fund of any trade union by using intimidation,
coercion, pressure, threat, confinement to a place,
physical injury, disconnection of telephone, water
and power facilities and such other methods;
Explanation: by forcing, threat, pressure or
disconnecting telephone, water or power no worker
will take money from other workers for the sake of
any trade union.

39
d. Compel or attempt to compel the employer to sign a
memorandum of settlement by using intimidation,
coercion, pressure, threat, confinement to a place,
physical injury, disconnection of telephone, water or
power facilities or such other methods ;
Explanation: By forcing, threat, pressure or
disconnecting       
    
    

e. Commence or continue any illegal strike or go slow;


or incite others to take part in that;
Explanation: a worker will not do or continue any
illegal strike and he will not work slowly
intentionally.

40
f. Resort to gherao, obstruction to transport or
communication system or destruction of any property in
furtherance of any demand or object of a trade union.

Explanation: To fulfill any demand of trade union workers


are not allowed to do gherao, stopping vehicles or
destroying any property.

41
III. It shall be unfair practice for a trade union to interfere
with a ballot held under section 202 by the exercise of
undue influence, intimidation, impersonation or bribery
through its executive or though any person acting on its
behalf.

Explanation: a trade union can not interfere in election


process according to section 202 by manipulating,
showing fear or bribing. It will be considered as unfair
practice on the part of workers.

42
I. Where there is only one registered trade union in an
established that trade union shall be deemed to be the
collective bargaining agents for such established.
II. Where there are more registered trade unions than one in
an establishment, the director of labor shall, upon an
application made on behalf by any such trade union or by
the employer, hold a secret ballot within one hundred
twenty days determine as to which one of such trade
unions shall be the collective bargaining agents for the
establishment.

43
III. Upon receipt of an application under sub-section(2), the
director of labor shall, by the notice in writing, call upon
every registered trade union in the establishment to which
the application relates to indicate, within the time
specified in the notice, which shall not be more then
fifteen days, whether it desires to be a constant in the
secret ballot to be held.
Explanation: Under sub-section (2) after receiving the
applications from the trade unions, the director of Labor
will call upon every registered trade union to know that
either they will participate in the election or not within
15 days.

44
IV. If a trade union fails to indicate the direction of labor,
within the time specified in the notice under sub-
section(3), its desire to be a constant in the secret ballot, it
shall not be a contestant in the secret ballot, it shall be
presumed that it shall not be a contestant In such ballot.

Explanation: Under sub-section (3) if a trade union fails


to inform the director of Labor within the specified time
that they will participate in the election or not then it will
be take for granted that they will not compete in the
election.

45
V. If no trade union informs the director of labor anything,
within the time specified in the notice, as to its desire to
be a contestant in the secret ballot, the trade union
applying under sub-section (2)shall be declared to be the
collective bargaining agent for the establishment, provided
it has as its members not less than one-third of the total
number of workers employed in the establishment.

Explanation: If no trade union informs the director of


Labor anything, within the specified time. Then the trade
union applying under sub-section (2) will be declared to
be the collective bargaining agent for the establishment.

46
VI. Every employer shall, on being so required by the director
of labor send to the director of labor a list of all worker
employed in the establishment, excluding those whose
period of employment in the establishment is less than
three months or who are casual or badli workers, and the
list shall contain the following particulars, namely:-
i. The name of every worker.
ii. The name and age of his partners, (where applicable
the name of husband/wife shall also be given);
iii. The name of the place in which he is employed.
iv. Name of the place in which he is employed.
v. His ticket number and the date of his employment.

47
Explanation: After informed by the director of Labour every
trade union will send a list of workers employed in the
establishment to the director of Labour.

VII. Every employer shall, on being so required by the director


of labor, submit required number of additional copies of
the list referred to in sub-section(6) and shall provide
necessary facilities for verification of the list submitted.

Explanation: After informed by the director of Labour


each employer shall submit required number of
additional copies of the list referred to in sub-section (6).

48
VIII. On receipt of the list of workers from the employer, the
director of Labour shall send a copy of the list to each of
the contesting trade unions and shall also affix a copy the
of in a conspicuous Part of his office and another copy of
the list in a conspicuous part of the establishment
concerned, together with a notice inviting objections, if
any, to be submitted to him within such time as may be
specified in it.
Explanation: After receiving the list of the workers from
the employers the director of Labour will send a copy of the
workers to each contesting trade union so that if any trade
union has any objections .They will inform the director of
Labour within specified time.

49
IX. The objections if any, received by the director of labor
within the specified time shall be disposed of by him after
such enquiry ass he deems necessary.
Explanation: If the director of Labour receive any
objection within the specified time, he will complete the
enquiry and solve the problem.
X. The director of labor shall make such amendment or
alternations in the list of workers submitted by the
employer as may be required by any decision given by him
under sub-section(9).
Explanation: Under sub-section (9) the director of Labour
can make any amendments or alteration in the list of
workers submitted by the employers.

50
XI. After amendments or alterations, if any, made under sub-
section (10), or where no objections are received by the
director of Labour within the specified time, he shall
prepare a list of workers employed in the establishment
concerned and send copies thereof, after certifying
properly to the employer and each of the contesting trade
unions at least seven days prior to the date fixed for the
poll.
Explanation: The list of workers prepared and certified
under sub-section (11) shall be deemed to be the list of
voters, and every workers whose name appears in that list
shall be entitled to vote in the poll to determine to
collective bargaining agent.

51
XII. The list of workers prepared and certified under sub-
section (11) shall be deemed to be the list of voters, and
every workers whose name appears in that list shall be
entitled to vote in the poll to determine to collective
bargaining agent.

Explanation: Workers list under sub-section (11) will be


known as the list of voters. Only those people will be able
to vote in the poll.

52
XIII. Every employer shall, on being so required by the director
of labor, provide all necessary facilities for the conduct of
the poll but shall not interfere with or in any way, influence
the voting.
Explanation: After informed by the director of Labour
each employer will provide necessary facilities for
conducting the poll, but shall not interfere or influence
the voting.
XIV.No person shall canvas for vote within a radius of forty five
yards of the polling stations.

53
XV. For the purpose of holding secret ballot to determine the
collective bargaining agent, the director of labor shall-
a. Fix the date for the poll and intimate the same to each to the
contesting trade unions and also to every employer;
b. On the date fixed for the poll place in the polling station ballot
boxes which shall be sealed in the presence of the
representatives of the contesting trade unions, if any;
c. Conduct the poll at the polling stations at which the
representatives of the contesting trade unions shall be allowed to
be present;
d. After the conclusion of the poll and in the presence of such of the
representatives of the contesting trade unions as may be present,
open the ballot boxes and count the votes; and
e. After the conclusion of the count, declare the trade union which
has received the highest number of votes to be the collective
agent:
54
—  that no trade union shall be declared to be the
collective bargaining agent for an establishment unless the
number of votes received by it is not less than one-third of
the total number of workers in such establishment.
XVI.Where a registered trade union shall be declared under
clause (e) of sub-section (15) to be the collective
bargaining agent for an establishment, it shall be the
collective bargaining agent for the establishment for two
years from the date of such declaration, and no application
for the determination of the collective bargaining agent for
such establishment shall be entertained within that period:

55
—  that in case of group of establishments the period of
a collective bargaining agent shall be three years.

Explanation: When a trade union will be declared as the


collective bargaining agent under Clause (e) of sub-section
(15) then that will hold the post for two years and then no
application will be received for any new collective
bargaining agent in that period.

56
XVII.Notwithstanding anything contained in sub-section (16),
where a registered trade union desires to be the collective
bargaining agent for an establishment after the expiry of
the term of an existing collective bargaining agent or
where an existing collective bargaining agent or where an
existing collective bargaining agent desires to continue as
such for the next term, it may make an application to the
director of labor, not earlier than 150 days and not later
than 120 days immediately before the expiry of the term
of existing collective bargaining agent, to hold a secret
ballot to determine the next collective bargaining agent for
the establishment.

57
Explanation: If any trade union desires to be the next
collective bargaining agent for the next term, then that
trade union will be able to apply to the director of Labour
for the next term within 120-150 days before the
expiration of the previous collective bargaining agent.
XVIII.Where an application under sun-section (17) is made, a
secret ballot to determine the next collective bargaining
agent shall be held within one hundred and twenty days
from the receipt of such application, but trade union
declared to be the next collective bargaining agent shall be
the collective bargaining agent from the date of the expiry
of the term of the existing collective bargaining agent.

58
XIX. Where after an application made under sub-section (17) a
collective bargaining agent has not been determined for
reasons beyond the control of the director of Labour
before the expiry of the term of the existing collective
bargaining agent, the existing collective bargaining agent
shall continue to function as such till a new collective
bargaining agent is determined.
Explanation: After the expiration of a collective
bargaining agent, if no new collective bargaining agent is
elected then the previous collective bargaining agent will
hold the position until new agent is elected.

59
XX. Where no application is made under sub-section (17) the
director of Labour may after the expiry of existing
collective bargaining agent, recognize such collective
bargaining agent or any registered trade union to act as
collective bargaining agent for the establishment unless a
registered trade union is deemed to be a CBA the
establishment under sub-section (1) or until a collective
bargaining agent is determined by secret ballot under the
foregoing provisions of this section, as the case may be.

60
Explanation: If no trade union is elected as the collective
bargaining agent after the expiry of previous. Then the
director of Labour may select any registered trade union
for 120 days as the collective bargaining agent or the
previous agent will hold the post until new agent is
elected.

61
XXI. Any dispute arising out of any matter in relation to an
election for determination of collective bargaining agent
shall be referred to the labor court and the decision of the
labor court thereon shall be final.
Explanation: For any problems regarding the election of
bargaining agent both party can go to the labor court
and the decision made by the court will be final.

XXII.If in any election for determination of collective bargaining


agent any contesting trade union receives less than fifteen
per cent of the total votes castes, the registration of that
trade union shall stand cancelled.

62
XXIII.A collective bargaining agent may, without
prejudice to its own position, implead as a party
to any proceedings under this chapter to which it
is itself a party to any federation of trade unions
of which it is a member.
Explanation: A collective bargaining agent can support any
of the parties without harming its position.

63
XXIV.The collective bargaining agent in relation to an
establishment shall be entitled to-
a. Undertake collective bargaining with the employer
on matters connected with non ʹemployment, the
terms of employment or the conditions of work.
b. Represent all or an of the workers in any
proceedings.

64
c. Give notice of, and declare, a strike in accordance
with the provisions of this chapter.
d. Nominate representatives of workers on any welfare
establishment or provident fund and on the board of
trustees of participation fund established under
chapter fifteen (R   



 ).
e. Conduct cases on behalf of any individual or group of
workers.

65
XXV.The provisions of this section shall also apply in
determining or electing the collective bargaining
agent for a group of establishments declared
under this code.

66
I. If a collective bargaining agent so requests, the employer
of an establishment shall deduct from the wages of those
workers working is his establishment, who are members of
such CBA union, such amounts towards their subscription
to the funds of the CBA union as may be specified, with
the approval of each individual worker named in the
demand statement furnished by CBA union.
Explanation: If a collective agent request the employer
should deduct the subscription fee from his workers
wages who are members of the specified CBA union. But
for the deduction the employer must take the approval of
each worker.

67
II. An employer making any deduction from the wages under
sub-section (I) shall, within 15 days, deposit the entire
amount so deducted by him in the account of the
concerned CBA union.
Explanation: deducted subscription fees should be
transferred to the account of that CBA union.

III. The employer shall provide facilities to the CBA for


ascertaining whether deductions from the wages of its
members are being made under sub-section (I).

68
I. The employer of every establishment in which not
less than fifty workers are normally employed
shall, in the manner prescribed, constitute a
participation committee in his establishment.
II. Such committee shall consist of representatives of
the employer and the workers.
III. The number of representatives of the workers in
such committee shall not be less than the number
of representatives of the employer.

69
IV. The representative of the workers shall be appointed on
the basis of the nomination made by the trade unions of
the establishment.
V. Each of the trade unions, other than the collective
bargaining agent, shall nominate equal number of
representatives and collective bargaining agent shall
nominate such number of representative which shall be
one more than the total number of representative
nominated by the other trade unions.

70
VI. In an establishment where there is no union,
representatives of the workers in the participation
committee of such establishment shall be chosen in the
manner prescribed by rules from amongst the workers
engaged in the establishment.
Explanation: if there is no trade union in an
establishment, than representative for that participation
committee will be elected among the workers working in
that establishment.

71
VII. In the establishment where there is a unit employing at
least fifty workers, a unit participation committee may, on
the recommendation of the participation committee , be
constituted in the manner prescribed by rules for such
unit.

Explanation: If there are more than fifty workers in a unit


than with the recommendation of the main participation
committee a participation committee for that unit can be
formed.

72
VIII. Such unit participation committee shall consist of the
representatives of employer and workers employed in
or under that unit.
IX. The provisions of this section applicable to
participation committee shall also apply, as per as
practicable, to the unit participation committee.

73
74

Vous aimerez peut-être aussi