Kerala recognition of Trade Unions Act approved by President

The President has given his approval to the Kerala Recognition of Trade Unions Act, 2010. The act is a formal method to assure a controlled propagation of trade unions within the state. According to the act, a trade union can be formed in an industry class only if 10% or more of its workers approve the union. In an industrial establishment or unit, approvals of 15% or more are required.

To form a trade union, it is required for the union to register with the concerned official as a first step. Registration will deem the trade union as being recognized. Provided that it is the only union that has registered and 10% of approval has been attained from the workers, the union will stand as the sole bargaining agent. If more unions are contesting the registration, a union will be elected from the lot by an organized balloting procedure. The union which manages to secure 51% of the votes stands elected as the sole bargaining agent.

The recognized unions are allowed to sign wage agreements and form joint bargaining councils. The principal bargaining agent will be the union that secures 41% of the votes. Like the sole agents, joint bargaining councils will also hold the right to sign wage agreements and negotiate terms with the management.

In cases of conflicting interests, the decision of the sole bargaining agent will prevail over the councils and other agents. The Kerala Recognition of Trade Unions Bill 2010 was passed by the state assembly this March. The act is now pending with the Law Department who will examine the rules incorporated in the act.

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