There is no special law for
registration of trade union available for Domestic Workers in Islamabad.
However, the only law for the registration of a trade union in Islamabad is
captioned above. Let’s discuss some details regarding the registration of trade
union in the context of domestic workers in the lights of IRA 2012.
One of the purposes of the Act is to
rationalize and consolidate the law relating to the formation of Trade Unions.
The Act recognizes that Pakistan has ratified
C-87(Freedom of Association) and C-98(Right to Organize Collective Bargaining)
of ILO. The Act also recognizes the Right to Freedom of Association as
envisaged in Article 17 of the Constitution of Islamic Republic of Pakistan,
1973. The Relevant Article is reproduced below:-
17.
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Freedom of association:
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Requirements
- a. Trade
Union is formed for regulating relations
between employer and workmen.(Section 2(xxxi))
- b. Workers or Employers can establish
Trade Union.
(Section 3)
- c. A worker can join any trade union
without previous permission.
- d. No worker can be member of more than
one trade union.
If a worker joins a new trade union than the previous membership if any shall
stand cancelled.
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e. Constitution of Trade Union is Mandatory.
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f. Trade
Unions can have federations and
confederations.
-
g. Registrar has powers to register trade union. (Section 5)
- h. Registrar
has powers to lodge complaints against
trade unions directly and indirectly both. (Section 5)
-
i. Registrar can investigate and conduct
inquiries against trade
unions.
- j. Application for registration with the signatures of president and
secretary is mandatory. (Section 6)
-
k. Name of Trade Union is Mandatory.
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l. Head Office of Trade Union shall be there with an address.
- m. Particulars of Officers of Trade Union shall be provided along
with Application.
-
n. Paid Membership Statement shall be filed along with registration
application.
-
o. Statement of total number of employed workers
in trade union
is mandatory.
- p. Statement of name of Establishment,
industry or group
to which trade union belongs is mandatory.
-
q. Statement of name of other trade unions
in the establishment
is mandatory.
- r. Resolution for accepting constitution passed by Members of Trade Union along
with signature of chairperson of the meeting is mandatory.
-
s. Three copies of constitution are filed with the application for
registration.
- t. Resolution by the members allowing
president and secretary to file application is also mandatory.
-
u. Objects of Trade Union shall be given(Section 8)
-
v. Purpose of Fund Utilization shall be mentioned.
- w. Number of Executive Persons which shall be at least 75% of workmen
of union or establishment to which the union belong.
-
x. Member Benefits Procedure shall be mentioned.
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y. All the members of trade union shall be part of industry to which it
belongs.
-
z. Member Fine or forfeiture Procedure shall be mentioned.
- aa. Maintenance of list of members shall be mentioned and the procedure
of inspection of same.
-
ab. Procedure to Amend, Rescind and vary
the Constitution shall
be mentioned.
- ac. Safe Custody of Funds, Audit and
inspection of account books shall be mentioned.
- ad. Elections to be conducted and the term of office bearers which
shall not be more than two years shall be mentioned.
-
ae. Procedure of no confidence on any officer of trade union shall be
mentioned.
- af. Meetings of General Body and Executive shall be conducted at least once in
three months.
-
ag. Dissolution of Trade Union shall be mentioned in registration
documents.
Regards,
Salman Yousaf Khan
Advocate High Court
Chairperson
The Pleaders Trust