Why in News
Protests by Samsung India workers in Tamil Nadu highlight their demand for the right to form a registered trade union to negotiate better working conditions.
Constitutional Right to Form a Union
The Supreme Court has upheld the right to form unions as a fundamental right under Article 19(1)(c) of the Constitution.
Unions can only be restricted for valid reasons, like public order or national integrity.
Collective Bargaining Rights
Collective bargaining allows workers to negotiate working conditions with employers.
Recognized in the Industrial Disputes Act, it facilitates the formation of a collective agreement.
Right to Strike
Workers have the legal right to strike, though it comes with certain restrictions (like prior notice).
Strikes are seen as a demonstration of workers' rights and are recognized in many democratic countries.
Role of the Workmen Committee
The state formed a workmen committee to resolve the conflict, but its legitimacy is questioned as it may favor Samsung.
Legal provisions require a registered trade union before forming such a committee.
Samsung's Trademark Objection
Samsung has objected to the use of its name in the Samsung India Workers Union, citing trademark infringement.
However, trade unions are not considered business entities under trademark laws.
Legal and Ethical Perspectives
The government's response and police action against workers raise ethical concerns about labor rights.
There’s a call for proper registration of unions and adherence to labor laws for fair negotiations.
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