Question
Under the Industrial Relations Code, 2020, if no single
trade union in an establishment has membership of 51% or more of the workers, which of the following mechanisms is adopted for collective bargaining?Solution
Explanation: The Industrial Relations Code, 2020 introduces the concept of a Negotiating Union and a Negotiating Council under Section 14, replacing the ad-hoc recognition practices under the old Trade Unions Act, 1926. The mechanism works as follows:
- Step 1: If a single trade union has membership of 51% or more of the workers in an establishment it is recognised as the sole Negotiating Union
- Step 2: If no single union has 51% membership a Negotiating Council is constituted, comprising representatives of all trade unions that have at least 20% of the total workers as members
- Step 3: The Negotiating Council collectively represents the workers for the purpose of collective bargaining with the employer
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