On Samsung workers’ right to unionise

  • October 15, 2024
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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On Samsung workers’ right to unionise

Sub : Polity

Sec: Constitution

Context:

  • The protests by Samsung India workers in Sriperumbudur, Tamil Nadu, centre around their fundamental right to form a registered trade union for collective bargaining to improve their employment conditions.

State Government’s Response:

  • In response to the protests that began on September 9, the Tamil Nadu government established a workmen committee to address the situation and employed police force to suppress the strike.
  • Legal experts criticize this action, arguing it should have prioritized the registration of the Samsung India Workers Union (SIWU) as per the Trade Unions Act, 1926.

Implications:

  • Vaigai, a labour law expert, emphasized that the registration of the SIWU should have come before the formation of the workmen committee.
  • The police intervention, instead of facilitating a democratic process for collective bargaining, gives the impression of government bias towards Samsung management.
  • Samsung has contested SIWU’s registration, alleging CITU (Centre of Indian Trade Unions) backing.

Right to Form Associations:

  • The Supreme Court upheld the right to form unions as a fundamental right under Article 19(1)(c) of the Indian Constitution.
  • Any restrictions on this right must be reasonable and not arbitrary, primarily focusing on public order and morality.
  • The obligation lies with the state to register trade unions and ensure workers can voice their demands.

Collective Bargaining:

  • Collective bargaining is recognized in the Industrial Disputes Act and involves negotiations between employers and employees regarding working conditions.
  • Historically rooted in struggles for basic worker rights, collective bargaining evolved post-World War II, contributing significantly to workers’ rights and social justice.
  • Refusal by employers to engage in good faith bargaining is classified as unfair labour practice under Indian law.
  • International Perspectives: The ILO defines collective bargaining as negotiations aimed at determining employment terms.

Right to Strike:

  • Strikes are recognized as a legal right within certain constraints under the Industrial Disputes Act.
  • The Supreme Court considers strikes an essential form of demonstration for workers.
  • While the right to strike is acknowledged globally, it is not absolute and is subject to regulations, including advance notice requirements.

Criticism of the Workmen Committee:

  • Workers criticized the government’s workmen committee for allegedly favouring the company, highlighting that such committees should consist of equal representation from both workers and employers.
  • The Industrial Disputes Act mandates that workers in the committee be chosen in consultation with any registered trade union.

Trademark Issues:

  • Samsung has raised concerns about the use of its name in the SIWU, claiming it violates the Trade Marks Act, 1999.
  • However, trade unions are defined differently under the Trade Unions Act, 1926, focusing on worker-employer relations, thus exempting them from being classified as business entities under trademark laws.
On Samsung workers’ right to unionise Polity