Trade Union Movement in India: ILO Conventions and Constitutional Provisions | Labour and Industrial Law - CLAT PG PDF Download

Introduction

• The Trade Union Movement in India has evolved over time, influenced by various ideologies from Marxian to Gandhian perspectives.
• In developed countries, trade unionism spans various sectors such as agriculture, industry, and services, significantly impacting social, political, and economic life.
• In India, trade unionism is primarily seen in the industrial sector, with a history of conflicts between workers and employers manifesting through strikes, gherao, lockouts, and other forms of protest against exploitation.

• Trade unions serve as defensive instruments for employees, protecting their economic and social interests. They are complex institutions influenced by social, economic, political, and psychological factors.
• Trade unions act as agents for workers and the working class, advocating for their rights and interests. This overview discusses the key aspects of trade unionism in India.

The Need for Trade Unionism

• Trade unionism is necessary for job security, safeguarding workers' common interests, and ensuring participation in decision-making.
• It facilitates better industrial relations among workers, employers, and system groups.
• Trade unions aim to create a win-win situation through collective bargaining, representing workers' interests.
• Gandhiji viewed trade union movements as reformist and economic organizations, emphasizing the equal importance of capital and labor in an organization.

History of Trade Union Movement in India

• The trade union movement in India emerged as a response to industrial development, particularly after World War I (1914-18). Before this period, Indian workers faced exploitation without strong unions to advocate for their rights.
• During this time, the Factory Act of 1881, established by the Government of India, provided inadequate protection for workers. Collective bargaining was virtually non-existent, leading to frequent strikes by workers demanding wage increases.
• One notable figure during this period was Narayan Meghaji Lokkande, who led a labor movement and founded the Bombay Mill Hands Association. His efforts resulted in the implementation of a weekly holiday system for workers in Bombay mills.
• In 1918, the trade union movement in India became more organized, with the formation of various unions such as the Indian Collie or Employees Association, Indian Seamen's Union, Railway Men's Union, and Port Trust Employees Union. Mahatma Gandhi also played a significant role by establishing the Textile Labour Association in 1920 to address the needs of spinners and weavers.
• In 1920, representatives of different labor unions from across India convened in Bombay to establish the All India Trade Union Congress (AITUC), led by Lala Lajpat Rai.
• Over time, the trade union movement in India gained strength and became a national force, leading various forms of protest such as strikes, gherao, picketing, and boycotts to address industrial disputes.
• The Bombay Mill Case of 1920 was a significant event in this movement, as it highlighted the need for legislative protection for trade unions. In response, N.M. Joshi, General Secretary of AITUC, proposed a resolution in the Central Legislative Assembly in 1921 to recommend the registration and protection of trade unions in India.
• Despite opposition from mill owners, the resolution laid the groundwork for future legislation. In 1924, many communist leaders were arrested for their involvement in strikes, and various Indian working-class groups united to demand protective legislation for workers, leading to the Trade Union Act of 1926.
• Numerous unions and federations were established during this period, including the All India Trade Union Congress (1920), Red Trade Union Congress (1931), National Federation of Labour (1933), and Indian Federation of Labour (1941).
• The importance of organized trade unions was recognized by nationalist leaders like Mahatma Gandhi, who proposed the concept of trusteeship to improve employer-worker relationships.
• Commissions such as the Royal Commission on Labour and the Whitley Commission emphasized the need for strong trade unions to address the challenges posed by modern industrialization in India.
• The Indian National Trade Union Congress (INTUC) was established in 1947 to promote democratic and peaceful methods for resolving industrial disputes. Other significant trade unions formed during this period include the Indian Federation of Labour (1949), Hind Mazdoor Sabha (1948), and United Trade Union Congress (1949).
• The trade union movement expanded beyond Bombay and Delhi, gaining traction in various regions of India. For example, in Assam, the Assam Chah Mazdoor Sangha advocated for minimum wages for tea garden workers under the Plantation Labour Act of 1951.

ILO Conventions Relating to Trade Unions and Constitutional Provisions

• The International Labour Organization (ILO), established in 1919, plays a crucial role in advocating for workers' rights globally. It operates as a tripartite body representing governments, employers, and workers.
• The ILO addresses various issues such as social security, basic human rights, welfare measures, and collective bargaining through its Conventions and Recommendations.
• Countries, including India, incorporate ILO recommendations into their national laws to protect workers' interests.
• The protection of labor interests against capitalist exploitation has historical roots in the philanthropic ideologies of early thinkers like Robert Owen, who focused on improving hazardous working conditions and humanizing the labor process.

Aims of the International Labour Organisation

• The primary goal of the International Labour Organisation (ILO) is to promote the welfare of labor, as reaffirmed by the Philadelphia Conference of 1944 under the Philadelphia Declaration.
• The Philadelphia Declaration emphasizes that:
  • Labor is not a commodity.
  • Freedom of expression and association are crucial for sustained progress.
  • Poverty anywhere poses a threat to prosperity everywhere.
  • The fight against want requires persistent efforts within each nation and continuous international cooperation, involving representatives of workers and employers on equal footing with governments.

International Labour Standards on Freedom of Association

• The principle of freedom of association is fundamental to the ILO's values, as reflected in its Constitution (1919), the Declaration of Philadelphia (1944), and the Declaration on Fundamental Principles and Rights at Work (1998). It is also recognized in the Universal Declaration of Human Rights (1948).
• The right to organize and form employers' and workers' organizations is essential for effective collective bargaining and social dialogue. However, challenges persist in implementing these principles, with some countries denying certain categories of workers the right of association, illegally suspending or interfering with organizations, and, in extreme cases, arresting or killing trade unionists.
• ILO standards, along with the work of the Committee on Freedom of Association and other supervisory mechanisms, aim to address these challenges and ensure the respect of this fundamental human right worldwide.

1. Freedom of Association and Protection of the Right to Organize Convention, 1948

• This Convention grants workers and employers the right to establish and join organizations of their choice without prior authorization. It prohibits public authorities from interfering in the formation and operation of these organizations.
• Organizations cannot be dissolved or suspended by administrative authorities, and protection against anti-union discrimination in employment is ensured.
• Countries like Albania, Argentina, Austria, Belgium, Brazil, Byelorussia, Cuba, Denmark, the Dominican Republic, Finland, and France have ratified this Convention. However, the Federal Republic of Germany and India have not.
• In India, the Trade Unions Act, 1926, restricts outsiders in the executive of a trade union and limits outsiders in federations of Government servants. The government can also dissolve any association or trade union in the public interest and detain or arrest a trade union leader under various acts. These practices do not align with the Convention's requirements.

2. Right to Organize and Collective Bargaining Convention, 1949

• This fundamental convention ensures workers' protection against anti-union discrimination, such as requiring a worker not to join a union or dismissing a worker due to union membership or activities.
• It also protects workers' and employers' organizations from interference by each other, particularly against the establishment of organizations under employer domination or support from employers to control workers' organizations.
• The convention enshrines the right to collective bargaining.

3. Workers' Representatives Convention, 1971

• This convention protects workers' representatives in an undertaking from prejudicial acts, including dismissal, based on their status or activities as a workers' representative or union member.
• It ensures facilities are provided to workers' representatives to carry out their functions efficiently.

4. Rural Workers' Organizations Convention, 1975

• All categories of rural workers, whether wage earners or self-employed, have the right to establish and join organizations of their choice without prior authorization.
• Rural workers' organizations must be independent and voluntary, free from interference, coercion, or repression. National policy should support the voluntary establishment and growth of strong and independent organizations of rural workers.

Freedom of Association and the Constitution of India

• Article 19(1)(c) of the Constitution of India, 1950, guarantees the fundamental right to form associations or unions, including trade unions, as part of the right to freedom of speech and expression.
• This right includes the freedom to join an association or union but is subject to reasonable restrictions by the State.
• It is important to note that the right to form associations or unions does not guarantee the ability of a trade union to engage in collective bargaining or achieve its intended purposes. The recognition of a trade union by the employer is not covered under Article 19(1)(c), and refusal of recognition by the employer does not constitute a violation of this article.
• The freedoms recognized under Article 19(1)(c) include:
  • The right of union members to meet
  • The right of members to move from one place to another
  • The right to discuss problems and share views
  • The right of members to hold property

Objectives of the Trade Union Act

• The Trade Union Act aims to regulate trade unions in India, ensuring their registration and legal recognition.
• Trade unions, being voluntary organizations of workers within a specific trade, industry, or company, are established to safeguard and promote the interests and welfare of their members through collective action.
• Trade unions play a crucial role in balancing and improving relations between employees and employers. Their objectives include:
• Securing fair wages and enhancing opportunities for promotion and training for workers.
• Safeguarding job security and improving conditions of service.
• Enhancing working and living conditions for workers.
• Providing educational, cultural, and recreational facilities to members.
• Facilitating technological advancement by improving workers' understanding of new technologies.
• Helping improve production levels, productivity, discipline, and overall standards of living.
• Promoting individual and collective welfare, aligning workers' interests with those of their industry.
• Encouraging participation in management and decision-making processes related to workers' issues.
• Taking disciplinary action against workers who engage in misconduct.