HOW TO REGISTER A TRADE UNION IN PAKISTAN?
The main object of formation of Trade Union is to resolve the conflicts peacefully arising between the employer and employees. As many Trade Unions can be registered by the employees working in an organization, however, the Punjab Industrial Relations Act 2010, provide that an employee can only register himself as member of one union at a time. Trade Union under the laws of Pakistan is required to be registered with the Registrar of Trade Union and can only be registered with relevant authority. Any trade union registered in Punjab under any other law except the Punjab Industrial Relations Act, 2010 shall be considered void and of no legal force.
We at Hamza and Hamza Law Associates have immense experience to register a Trade Union in Lahore. We have so far registered Trade Unions in Lahore for the employees working in sectors including motorcycle manufacturing sector, Steel Sector, scrap sector and many more. A trade union is an organization which is formed by workers in order to promote and protect their rights such as their wages and working conditions in reference to resolution of conflict peacefully between employees of the organizations and its employers.
Registration of Trade Union in Lahore
Seeking to form a Trade Union requires that it should be registered with the Office of the Registrar Trade Union Lahore. Section 16 of the Act 2010 provides that every registered Trade union shall be a body corporate which shall have perpetual succession and a common seal and the power to contract and to acquire, hold and dispose of property, both movable and immovable, and shall, by the said name, sue or be sued.
Law under which Trade Union is required to be registered in Lahore
Trade union is required to be registered in Lahore under the Punjab Industrial Relation Act 2010. Section 16(2) of the Act 2010 provides that Trade Union registered under any other law including the Companies Act, 2017, Societies Registration Act, 1860 or any other law except the Act 2010 shall be deemed to void and of no force.
Procedure of registration of trade union
Step to step procedure for registration of Trade Union is as follow:
- Submission of Application
President and General Secretary of the trade union is required to submit the application for the registration of the trade union to the concerned authority under Section 4 of the Act 2010.
- Requirements of Application
Following are the requirements of the application for registration of trade union.
- Name and address of trade union
Application for registration of trade union must contain the name and address of the head office of the trade union.
- Name of company
Application for registration of trade union must contain the name of the company in which the trade union has been formed.
- Date of formation
Application for registration of trade union must contain the date of formation of the trade union.
- Object of formation
Application for registration of trade union must contain the object of formation of the trade union for which it has been formed.
- Conditions of benefits
Application for registration of trade union must contain the conditions of benefits which will be given to the members.
- Conditions of penalties
Application for registration of trade union must contain the conditions of penalties which will be imposed on the members.
- List of members
Application for registration of trade union must contain the list of members of the trade union.
- Mode of dissolution
Application for registration of trade union must contain the manner in which the trade union shall be dissolved.
- Submission of Copy of Resolution
President and General Secretary of the trade union shall submit the copy of resolution in which the members of the union have authorized the President and General Secretary to apply for registration of union.
- Submission of Copy of Constitution
Under the Punjab Industrial Relation Act 2010, President and General Secretary of the trade union submit the copy of constitution which contains the rules and regulations of the trade union. Copy of constitution shall be bearing the signature of the chairman of the meeting.
Constitution of Trade Union must fulfils the following including the above:
- Purposes for which the general funds of a trade union shall be applicable.
- The payment of a subscription by members of the trade union
- The manner in which rules will be amended varied and/or rescinded
- The manner in which the members of the executive and the other office-bearers of the trade union shall be appointed and removed.
- The manner in which the funds of the trade union shall be kept and audited and inspection of the books of accounts by the office bearers and members of the trade union be made
Process by the Registrar
Satisfied: Only if the Registrar is satisfied that the requirement is complete, shall register the Trade Union and issue within 15 days the registration certificate of Trade Union.
Dissatisfied: In case if the application for registration of Trade Union is found by Registrar to be deficient in material respect, he shall communicate in writing within 15 days the objections and Trade Union shall also within 15 days reply to resolve the discrepancies. Accordingly upon satisfaction of the application the Registrar shall proceed to register and issue certificate of Trade Union.
Appeal to Labour Court
In case if application for registration of Trade Union or alteration in constitution of Trade Union has been rejected by Registrar or application in certain case is pending before Registrar for period more than 15 days, appeal to Labour Court can be filed. Within 7 days of filing appeal the Labour Court may by order direction to the Registrar to register Trade Union or accept the change in constitution as the case may be.
Registrar shall under Section 11 of the Act 2010 shall issue certificate of registration in a prescribed manner which shall be the conclusive proof of registration of Trade Union.
If you are looking to register a Trade Union in Lahore, the foreign qualified lawyers at Hamza and Hamza Law Associates have ample experience to help you establish a Trade Union in no time and while formulating the most practical and comprehensive constitutional framework to regulate the body elections, structure, impose of penalties, conditions of benefits etc.