Protest for the right to form a trade union and to collectively bargain.

Source: The post Protest for the right to form a trade union and to collectively bargain has been created, based on the article “On Samsung workers’ right to unionise” published in “The Hindu” on 15th October is 2024

UPSC Syllabus Topic: GS Paper 2-Governance-Development processes and the development industry —the role of NGOs, SHGs, various groups and associations, donors, charities, institutional and other stakeholders.

Context: The article discusses Samsung India workers in Tamil Nadu protesting for their right to form a trade union and collectively bargain. The government formed a “workmen committee” but used police force against workers. Legal experts criticize this approach.

Why are Samsung India workers protesting?

Workers at Samsung India’s Sriperumbudur plant in Tamil Nadu are protesting for their fundamental right to form a trade union and collectively bargain for better working conditions. They want to negotiate with the company on equal terms through the Samsung India Workers Union (SIWU).

What was the government’s response?

1. The Tamil Nadu government formed a ‘workmen committee’ to address the issue.
2. However, it used police force against the protesting workers, which led to accusations of bias towards Samsung.
3. Legal experts argue that the trade union should have been registered before forming the committee.

What does the law say about forming a union?

1. The Trade Unions Act, 1926 gives workers the legal right to form unions to represent their interests.
2. A minimum of seven members can apply to register a union under Section 4 of the Act.
3. Section 6 mandates that the Registrar should ensure the union’s rules conform to the Act.
4. The Supreme Court in B.R. Singh vs Union of India (1989) recognized union formation as a fundamental right under Article 19(1)(c) of the Constitution.
5. Legal restrictions under Article 19(4) can be imposed only for reasons like public order and morality.

For detailed information on challenges before trade unions read this article here

What is collective bargaining and why is it important?

1. Collective bargaining :
2. It refers to negotiations between employees and employers to determine working conditions and terms of employment.
3. Legal Basis: Recognised by the Industrial Disputes Act, 1947 and supported by the International Labour Organization (ILO) Collective Bargaining Convention of 1981.

For detailed information on Collective Bargaining read this article here

1. It’s Important:
2. Empowerment: It allows workers to negotiate on equal terms with employers, as seen in the Samsung India Workers Union (SIWU) protest in Tamil Nadu.
3. Social Justice: The Supreme Court of India and the U.S. courts have acknowledged its role in ensuring fair working conditions. (e.g., the Karnal Leather Karmchari vs Liberty Footwear case).
4. Legal Recognition: The refusal to bargain is considered an ‘unfair labour practice’ under both India’s 1947 Act and the U.S. Wagner Act.

What is the role of the ‘workmen committee’?

A ‘workmen committee’ should consist of equal representation from both workers and employers. According to the Industrial Disputes Act, the workers’ representatives must be chosen in consultation with their trade union. In this case, legal experts argue that SIWU should have been registered before forming the committee.

Why is Samsung opposing the use of its name in the union?

1. Samsung objected to the inclusion of its name in SIWU, claiming it violated the Trademarks Act, 1999.
2. However, trade unions are not business entities, and legal experts argue that this does not infringe on trademark laws.
3. The use of Samsung’s name is for identification purposes, not for business.

Question for practice:

Examine the legal and ethical challenges faced by Samsung India workers in their attempt to form a trade union and collectively bargain, as outlined in the article.