Trade Union Recognition Under The Industrial Relations Code,2020, Needs Introspection

According to the International Labour Organization, collective bargaining can be defined as “the key means through which employers and their organizations and trade unions can establish fair wages and working conditions.” Though the Indian Constitution doesn’t explicitly provide for a fundamental right of collective bargaining, the Supreme Court held in All India Bank Employees vs National Industrial Tribunal that the right to form a union comes under the ambit of the right to form an association under Article 19.. The Industrial Relations Code, 2020 And Its Implications On Trade Union Recognition The Industrial Relations Code is a comprehensive code which encapsulates three important labour central legislations, including the Trade Unions Act, 1926. The Union Government, on May 4th, 2021, provided for the Industrial Relations Recognition of Negotiating Union or Negotiating Council andAdjudication of Disputes of Trade Unions Rules, 2021. These Draft Rules cover five basic aspects as elucidated by Dr K.R Shyam Sunda r such, “ criteria for recognition of a union in a single-union context; the method for determining the negotiating agent/council and its procedures; scope of collective bargaining; facilities to be provided to the negotiating agent/council, and the trade union disputes.” While the new code does provide for legal sanction for the recognition of trade unions, there are glaring lacunae that must be looked into. Firstly, with regards to recognition of single union based industrial establishments under Section 14, the threshold is merely 30% as provided for under Rule 4 of the Draft Recognition Rules.