TRADE UNIONSCentral

Section 8 of The Industrial Relations Code, 2020

(1)Every application for registration of a Trade Union shall be made to the Registrar electronically or otherwise and be accompanied by---
1. (a)a declaration to be made by an affidavit in such form and manner as may be prescribed;
2. (b)copy of the rules of the Trade Union together with a copy of the resolution by the members of the Trade Union adopting such rules;
3. (c)a copy of the resolution adopted by the members of the Trade Union authorising the applicants to make an application for registration; and
4. (d)in the case of a Trade Union, being a federation or a central organisation of Trade Unions, a copy of the resolution adopted by the members of each of the member Trade Unions, meeting separately, agreeing to constitute a federation or a central organisation of Trade Unions. Explanation.--- For the purposes of this clause, resolution adopted by the members of the Trade Union means, in the case of a Trade Union, being a federation or a central organisation of Trade Unions, the resolution adopted by the members of each of the member Trade Unions, meeting separately.
(2)Where a Trade Union has been in existence for more than one year before the making of an application for its registration, there shall be delivered to the Registrar, together with the application, a general statement of the assets and liabilities of the Trade Union prepared in such form and containing such particulars, as may be prescribed.
(3)The Registrar may call for further information for the purpose of satisfying himself that the application complies with the provisions of this Code and the Trade Union is entitled for registration under this Code, and may refuse to register the Trade Union until such information is furnished.
(4)If the name under which the Trade Union is proposed to be registered is identical with that of an existing registered Trade Union or in the opinion of the Registrar so nearly resembles the name of an existing Trade Union that such name is likely to deceive the public or the members of either Trade Union, the Registrar shall require the persons applying for altering the name of the Trade Union and shall refuse to register the Trade Union until such alteration has been made.

Summary

Applications for registration must be sent to the Registrar either electronically or through other specified means.
Every application must include a declaration made by an affidavit, which is a written statement confirmed by oath.
The application must be accompanied by a copy of the union rules and the resolutions passed by members to adopt those rules.
If a union has existed for more than one year, it must submit a general statement of its assets and liabilities.
The Registrar has the power to ask for more information before deciding whether to register the union.
The Registrar must refuse registration if the proposed name is identical to or too similar to an existing registered union.

Practical examples

1The Textile Workers Group applies for registration on January 10. Since they have been active for two years as an informal group, they include a list of their office furniture and the 5,000 rupees they have in their savings account as part of their assets statement.

2An applicant tries to register a union called National Railway Workers. The Registrar finds a union already exists with that exact name and sends a notice on February 15 requiring the applicant to choose a different name before the process can continue.

FAQ

1. How should a union apply for registration according to Section 8 of the Industrial Relations Code, 2020?

Under Section 8 of the Industrial Relations Code, 2020, the application must be made to the Registrar electronically or otherwise, accompanied by an affidavit, a copy of the rules, and relevant resolutions.

2. What happens if the union name is already taken under Section 8 of the Industrial Relations Code, 2020?

According to Section 8 of the Industrial Relations Code, 2020, if a name is identical or deceptively similar to an existing union, the Registrar will require the applicants to alter the name and will refuse registration until they do.

3. Do new unions need to show their bank balance under Section 8 of the Industrial Relations Code, 2020?

Under Section 8 of the Industrial Relations Code, 2020, only unions that have been in existence for more than one year at the time of application must provide a statement of assets and liabilities.

4. Can the Registrar ask for extra documents under Section 8 of the Industrial Relations Code, 2020?

Yes, Section 8 of the Industrial Relations Code, 2020, allows the Registrar to call for further information to ensure the application complies with the law.

Test yourself

Q1.Under Section 8 of the Industrial Relations Code, 2020, what is required if a Trade Union has existed for 14 months before applying?

Q2.According to Section 8 of the Industrial Relations Code, 2020, on what grounds must the Registrar refuse to register a union's name?

Q3.Under Section 8 of the Industrial Relations Code, 2020, which document must accompany the application to confirm the facts stated?

Q4.To comply with Section 7 and Section 8 of the Industrial Relations Code, 2020, what must be submitted regarding the union's internal regulations?

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