SECL Director (Personnel) flags union verification, negotiating council challenges amid labour law changes

Ranchi/New Delhi: The implementation of the new labour law framework could pose fresh challenges for large employers in managing trade union membership verification and the constitution of negotiating councils, Biranchi Das, Director (Personnel) of South Eastern Coalfields Ltd (SECL), said at an HR conclave in Ranchi.

Speaking at the HR for the Greater Good 2.0 conclave organised at XLRI on Monday, Das highlighted the importance of the check-off system for determining union membership, particularly in the coal industry.

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He said trade unions would need to establish their relevance in the changing industrial relations environment, adding that membership verification through the check-off mechanism would be important for this purpose.

"Without membership, you can't assess what is the membership of that union," Das said.

He, however, pointed out that deduction of union subscriptions through the check-off system should not be confused with the process of constituting a negotiating council.

"Reduction through check-off is only for union subscription. That is nothing to do with negotiating council," he said.

According to Das, elections would be required for constituting the negotiating council, with the appropriate government having a role in the process. He said the electoral roll prepared by the company would be an important component of the exercise.

Das noted that even employees who were not members of any trade union could have a role in the election of a negotiating council or in supporting a particular union for representation on the council.

For large industries such as coal mining, managing these processes could be challenging, he said, as unions would have to win elections to secure representation on the negotiating council.

He also referred to the periodic nature of the process, saying the tenure could be three years and, alternatively, extend up to five years.

Das said SECL had already gained experience in handling union verification and had developed expertise in managing the process.

"Union verification was going on. So, we have mastery over it and we have managed it," he said.

The SECL personnel director's comments come amid wider discussions among employers and HR professionals on the implications of changes in India's labour law framework and the rules governing industrial relations.

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Das also called on corporate India to articulate its key concerns to the government, particularly around the practical difficulties faced by employers in implementing the new framework.

He posed the question of what three measures corporate India should seek from the government to address the pain points emerging from the new labour laws and rules.

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