Forming Unions and Legal Framework in India

(General Studies II – Polity Section – Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure; Separation of Powers between various organs Dispute Redressal Mechanisms and Institutions.)

• The right to form unions is constitutionally protected under Article 19(1)(c), allowing workers to collectively bargain for fair treatment and improved working conditions. The Trade Unions Act of 1926 gives workers legal recognition to voice their grievances and demand changes.
• The ongoing Samsung India Workers’ Union (SIWU) protest in Sriperumbudur, Tamil Nadu, underscores the importance of this right, as workers seek recognition to negotiate collectively with the company.

Key Issues in the Samsung Workers’ Protest –

1. Registration Delays: Under the Trade Unions Act of 1926, workers can form unions with legal protection. However, the delay in registering SIWU has been criticized as a method of suppressing workers’ rights.
   • The Tamil Nadu government’s decision to form a workmen’s committee before registering SIWU violates legal norms, experts argue, as the union should have been recognized first.
2. Collective Bargaining Rights: The Industrial Disputes Act of 1947 grants workers the right to collective bargaining for better employment conditions. Although Samsung workers seek this, procedural hurdles and lack of union recognition prevent fair negotiations.
3. Right to Strike: The Industrial Disputes Act permits strikes, with conditions like advance notice and restrictions during conciliation proceedings. Despite this, the Tamil Nadu government’s use of police force to curb the strike raises questions about respect for workers’ rights.
4. Political Union Involvement: Samsung has objected to the involvement of CITU (Centre of Indian Trade Unions), but under Section 6 of the Trade Unions Act, political affiliations are allowed, and this cannot be a reason for denying registration.
5. Trademark Issues: Samsung cited the Trade Marks Act of 1999, arguing that using its name in SIWU violates trademark laws. However, trade unions are not commercial entities, and using the name could fall under nominative fair use, a principle recognized in many international legal frameworks.

Drawbacks of the Protests – According to labor experts, there are some drawbacks to the protests, including:

1. Potential for Political Influence: The involvement of CITU and other political unions can sometimes divert the focus of the protest away from workers’ immediate concerns and into broader political agendas.
2. Disruption to Business: Experts highlight that prolonged strikes can disrupt business operations, affecting not only employers but also workers who depend on wages for daily sustenance.
   • This can result in economic losses for both parties.
3. Risk of Escalation: Protests can escalate into confrontations between workers and law enforcement, as seen in the Samsung case, where police were involved.
   • This can sometimes undermine the legitimacy of workers’ demands if the situation spirals out of control.
4. Public Perception: Public sympathy may wane if protests are perceived as politically motivated or if the disruption extends too long, affecting daily lives or business operations.

The Samsung workers’ protest highlights the complexities surrounding union formation, collective bargaining, and the role of the state in ensuring workers’ rights. While the Industrial Relations Code of 2020 aims to streamline labor laws and protect workers, effective implementation is key. Moving forward, the challenge will be balancing the protection of workers’ rights with ensuring business stability, avoiding excessive political involvement, and respecting legal frameworks for a harmonious labor environment.