This article is written by Anushka Ojha, a student at ICFAI University, Dehradun, gives an overview of the history and present scenario of the labour law. The article deals with the need for the labour law, factors of the labour law, trade union, labour law and constitution, Acts under labour law, different plan and policy, government schemes and related practice area.
Labour law is the area which commonly deals with the relationship between trade union and industries. Labour law is concerned with the rights and responsibility of labours, and also this law gives them the right to form a union.
Why is trade union necessary? Some group of employees find a union beneficial since employees have more power when they negotiate in a group rather than individually, a union can negotiate for better pay, increase workplace safety, more convenient hours. However, the unions have not limitless powers because labour law has set the standards of working condition and wage policy.
Labour law is generally used in the reference of employment that deals with the trade union, labour law is used for workplaces where the legal relationship is directly between the employer and employee.
This law arose during the industrial revolution as when the relationship between two categories i.e. employer and employee and employer and workmen, was changing from small scale production to large scale production, as workers were in search for better working condition and had the freedom to join a labour union.
The United Kingdom took the initiative of this tradition for freedom of employers and workers and to improve their mutual relationship and regulations.
Over the late 18th century and the mid of the 19th century, the foundation for modern labour law was slow as some of the more terrible aspects of working conditions were steadily improved through legislation. This labour was highly achieved through the regular pressure from social reformers.
Present day scenario
Nowadays, the flexible labour market policies gained legitimacy in the climate of economic liberalism to promote the efficiency and productivity of any labour and protect from harassment.
At present, the labour ministry is in the process of seeking the approval of union cabinet for the amended wage code bill after it’s vetting by the Parliamentary Standing Committee.
The code on Wages bill was introduced on August 10, 2017, and then after referred to the Standing Committee. The Ministry has decided to remove specific provisions in the law, drawing criticism from trade unions.
With the recommendation of the Second National Commission on labour the Ministry have formulated four wages code, industrial relation, social security, occupational safety, health and working conditions by amalgamation, and simplify the provision of the existing central laws.
The labour ministry said that the government has also taken many more steps for the labourers and their employment. The ministry is also working on the code of social security and welfare, a preliminary draft of this code was placed on the website of the ministry on March 16, 2017. The ministry added the ‘Fixed Term Employment Workman’ for all sectors Standing Order Act, 1946.
The fixed term employment aims are to give flexibility to the employers to face the challenges of the globalisation and other aspects too. This would be beneficial for workers as it gives the ‘FTE Workman’ the same directive benefits as that of regular workers in a quick manner. This would also decrease the exploitation of contract workers as the employer would directly hire a worker without any mediator in the form of contract for a fixed term.
Need for labour legislation
- The relationship between employer and employee is one of the partnerships for the maintenance of productivity of the national economy.
- The community as a whole or as an individual is under an obligation to protect their employees and to provide them with a healthy environment for their employees.
- The individual employers are weak, they cannot bargain to their employers for the protection of their rights, so as such legislation will provide them with the security of their work.
- To increase the bargaining power of labour, the legislation encourages the formation of the trade union.
- To avoid various industrial disputes.
- To protect women and children from working in a hazardous situation.
Factors of labour law
Employment is considered as a basic concept of labour law. Prior to the great depression and World War II, the great emphasis was upon the prevention or reduction of unemployment rather than upon long-term employment policy as part of a comprehensive scheme to promote economic stability and growth.
The new approach arises with the changes in the political outlook and economic thought. The approach has found expression in the legal provision that establishes employment policy as the general policy. To this end, legislation has established the necessary framework for forecasting labour needs. This legislation gives freedom from forced labour equality of treatment in employment and occupation, and unemployment benefits in a broader sense.
II. Individual employment relations
It involves certain aspects of promotions, transfer, some dismissal procedure and compensation. If we go into history, the labour law is defined as the law of a master and servant. This is completely a contractual relationship in which one party is agreed to serve another party and was bound to obey all the orders in return master has to pay the wage and grant some protection to workers.
As the law developed the implications of statutory provisions such as termination of employment, dismissal procedures and compensation, minimum wages, conditions of work, and social security rights, it began to limit freedom of contract.
III. Wages and remuneration
Law on wages and remuneration covers such elements like forms and method of payments, the protection against the unlawful deduction and other abuses, minimum wage arrangements the determination of wages, more benefits etc. The concept of wage regulation is to restrain social evil, which is suppressed by these policies. Wage policies are designed to promote economic stability.
In Hydro Engineers Pvt. Ltd vs. Workman, the Supreme Court held that there was no reason to interfere with the minimum wage fixed by the tribunal. The Supreme Court agreed with the tribunal and said that in prescribing a minimum wage rate the capacity of the employer need not be considered. The reason for the same is that the state assumes that every employer must pay the minimum wage before the employer and must not run an enterprise employing workers if it is unable to pay the minimum wage.
IV. Conditions of work and fulfilment of their basic needs
The condition of work involves the working condition, working hours, rest periods, vacations, the prohibition of child labour and regulation of employment of youth concerning with the various provisions regarding the employment of women. The provisions regarding the women and child are to protect them from evils of the industry. These factors essentially deal with the admission of employment, night work, excessive work, but all these providers will be modified after the 20th century.
The protection of child labour has increased with the growth in education rate. Child labour is decreasing in the industrialized sector. And, the employment opportunities for women employee become more varied. There are laws giving them legal guarantees for equal pay and equal employment. Also, there has been the introduction of laws which provide for the maternity protection and facilities to enable women to work while maintaining her family.
Case law protecting the rights of labour
In this landmark case, the court in view of article 14, 16, 19, and 39(d) had observed that equal pay for equal work is not one of the substance the court in case opined that construing articles 14 and 16 in the light of the preamble and Article 39(d) the principle equal pay for equal work is general principle from that article and may be completely applied to cases of inappropriate scale of pay based on not any kind of classification.
In this case, the Supreme Court held that the expression matter relating to appointment and employment contained in Article 16(1) includes all matter in relation to both prior and subsequent to the employment which is incidental to the employment and forms part of terms and conditions of such employment.
In this, the Court held that the right to be considered for promotion by the departmental promotion committee is a fundamental right guaranteed under Article 16 provided a person is eligible and is the zone of consideration but the consideration must be fair and according to the established principle governing service jurisprudence.
Trade union and their relations with the industry
The trade union is also known as a labour union in the United States. It is the organizations of labours to enhance and modify their work life. A trade union generally negotiates with employers on behalf of their members, advocating for better working conditions, compensation and job security. The union play an important role in industrial relation and relation between employee and employer.
I.Strikes and lockouts
Strikes and lockouts are the last actions taken by employees and employers to ensure that both will get what they demand. These are said to the last centre after the conciliation measures.
A Strike occurs when employees refuse to go on work while the employer refuses to agree on the demands of employees. Lockout happens when employers bars employees from working with the aim of getting employees to adjust with their demands as well.
The Industrial Dispute Act gives the peaceful room for strikes and lockouts that take place in industries, causing no harm to society, mischief to other public areas and industrial areas.
Collective bargaining is a negotiation process where employees negotiate with an employer when certain issues arise. The employees rely on a union member to represent them during the bargaining process, and the negotiations often relate to regulating such issues as working conditions, employee safety, training, wages, and layoffs.
Employees covered by collective bargaining often have better working conditions, higher wages, and better benefits packages than employees who are not members of a labour union. For example, union workers are more than 18 per cent more likely to have affordable health insurance, and 22 per cent more likely to have pension coverage.
Wage advantages by collective bargaining basically benefit the earners of middle and lower wages. Participating in labour unions and collective bargaining benefits employees by decreasing the wage differences that exist between male and female employees.
III.Conciliation, Arbitration and Adjudication
Conciliation is the alternative of out of the court dispute resolving process. Like, it is also a voluntary process, flexible process. The parties reach an amicable dispute settlement with the appointed conciliator who acts neutral as a third party. The third party can be an individual or a group of people.
Conciliation is characterised by the following features:
- The conciliator tries to resolve the dispute between the parties.
- The conciliator persuades the parties to think over the matter with the resolving approach.
- The conciliator persuades the parties to reach over the solution never imposes his point of view.
- If the matter is not resolving or the case is on other factor or should be transferred to tribunal or labour court, then the conciliator may change his approach.
Conciliation machinery consists of:
In the Industrial Dispute Act, Section 4 provides the appropriate government to appoint the appropriate person as it thinks fit for the conciliation proceedings. The appropriate government means in whose the jurisdiction of the dispute falls. While the commissioner, additional commissioner or deputy commissioner is appointed as a conciliation officer for the appointment of 20 or more persons at the state level from the central level.
Commission office is appointed a conciliation officer in the case of the central government. The conciliation officer has the power of the civil court and the conciliation officer has to submit the report within 14 days from the procedure starts. The judgement given by him is binding upon the parties.
If appointed conciliation officer, under the Industrial Dispute Act, is unable to resolve the dispute then the appropriate government can appoint a conciliation board. But the conciliation board is not a permanent institution like a conciliation officer. It is a body consisting of one chairman and two or four-member nominated in equal numbers by the parties.
Arbitration is a process in which the parties voluntarily agreed to refer their dispute to a neutral third party known as an arbitrator. Arbitration is a little different from conciliation. In arbitration, the arbitrator gives his judgement on the dispute, but in conciliation, the conciliator disputing parties has to reach a decision.
The arbitrator does not enjoy any judicial power, the arbitrator listens to the parties and then gives his judgement and that judgement is binding upon the parties. The government publish the judgment within the 30 days from the date of submission and it became enforceable after 30 days.
In India, there are two types of voluntary and compulsory arbitration:
- Voluntary arbitration
In this, both the conflicting parties appoint a neutral third party that is the arbitrator and refer the dispute to that arbitrator but the voluntary arbitration is not successful because its judgement is not binding upon the parties.
- Compulsory arbitration
In this kind of arbitration, the government can force the parties to go for compulsory arbitration. And also, disputing parties can refer their dispute for arbitration, and the judgement given to the parties is binding upon them.
The ultimate remedy for the settlement of the unresolved dispute is its reference to adjudication by the government. The government can refer this dispute to adjudication with or without the consent of the parties. When the dispute is referred to with the consent of the parties, then it is voluntary adjudication. When the government itself refer the dispute to adjudication then it is compulsory adjudication.
Three tier machinery for the adjudication can be given as follows:
Under section 7 of the Industrial Dispute Act 1947, the appropriate government by notifying in official gazette can appoint a labour court for resolving the disputes. The labour court consist of one independent person, who is a presiding officer or has been the judge of the High Court or has been district judge or additional district judge for not less than 3 years or has been presiding officer of Labour Court not less than 5 years. The Labour Court deals with the matters specified in the second schedule of the Industrial Dispute Act.
These deals with :
- The application of the Standing orders.
- Discharge or dismissal of workers, including reinstatement or grant of relief to workmen, wrongfully dismissed.
- Withdrawal of any statutory concession or privilege.
- Illegal strikes and lockouts.
2. Industrial tribunal
Under section 7(a) of the Act, the appropriate government may constitute one or more tribunal for the adjudication of the industrial disputes, it has wider jurisdiction.
The matters that come within the jurisdiction of an industrial tribunal
- Wages, including the period and mode of payment.
- Compensatory and other allowances.
- Hours of work and rest periods.
- Leave with wages and holidays.
- Bonus, profit sharing, provident fund, and gratuity.
- Classification by grades.
- Rules of discipline.
- Any other matter that can be prescribed.
3. National tribunal
It is a body consisting of one man adjudicating body appointed the appropriate government by notifying in the official gazette for adjudication of an industrial dispute of the national matters. The central government if it thinks fit, appoints two or more assessor to assess national tribunal. When the dispute is referred to National Tribunal, then no labour court or industrial tribunal can adjudicate the dispute.
Labour Law and Constitution
Factories Act, 1948
The Factories Act was enforced to amend the laws regarding the factories and for those who are working in the factories. It applies to the whole of India, where 20 or more workers are employed. The aim of the act is to safeguard the interests of workers and protects them from exploitation and discrimination. This Act gives the standards with regards to safety, healthy life, working hours of the workers.
According to Section 2(m) of the Factories Act, factory means any premises where ten or more persons are working in any manufacturing process with the aid of the power and twenty or more persons working in the manufacturing process without the aid of the power.
Industrial Dispute Act, 1947
It is formulated to make the provision for settlement of disputes in the industry. The objective of the Industrial Disputes Act is to secure the industrial peace and harmony by providing machinery and procedure for the investigation and settlement of industrial disputes by conciliation, arbitration and adjudication machinery which is provided under the statute. This law is only applicable to the organised sector.
As per definition, under 2(k) of the Industrial Dispute Act, an Industrial dispute means any dispute or difference between employer and employee or between employers or workman or between two workmen. The issues might be connected with the employment, with non-employment, with the conditions of employment or with the conditions of any labour.
Authorities under the Industrial Dispute Act
Labour courts and tribunal in India- Industrial Dispute Act provides for the constitution of labour courts and tribunals for the adjudication of disputes. The labour court and tribunal are constituted by the appropriate government by notifying in the official gazette.
National tribunal- The Industrial Dispute Act provides that the central government may constitute a national tribunal The tribunal might work for adjudication of an industrial dispute, which in the opinion of the central government may involve the question of national importance.
Working committee- A working committee is constituted by the employer of an industrial establishment on a special order issued by the appropriate government where the number of workmen employed is one hundred more. The committee consists of a representative of the workman and employer.
Conciliation officers/boards of conciliation– The Conciliation Officer is appointed by the appropriate government. He/she is entrusted with the duty of resolving the disputes.
Court of enquiry- It is constituted by the appropriate government for enquiring into the matter related to the dispute.
In the recent era, the incidents of the crimes are increasing against women. It is essential that women are aware of their laws and rights and the employers are aware of their laws which prevent sexual harassment at the workplace. So that Sexual Harassment of Women at Workplace Act, 2013 was enforced.
The basis of this lies on the judgement of the Vishaka v. State of Rajasthan. In this case, the court ruled that action resulting in violation of one’s right to gender equality and life and liberty are the violation of his or her fundamental rights, under article 19(1)(g) of the Indian constitution which provides right to practise any trade, occupation.
The main object of this Maternity Benefit Act to provide the security to the dignity of the motherliness by providing the full benefit to the child and mother. For this concern, the maternity benefit act is enforced.
This act applies to every factory, industry, any working place where ten or more people are employed. Infringement of this act incurs imprisonment of three months which can be extended up to one year. a fine of 2000 to 5000 is imposed.
Minimum Wages Act, 1948 is central legislation focused at the fixation of minimum wage rate, in this industry there highly possibility of exploitation of employees in the industries. The aim of this act is to achieve social justice to the workman who is employed.
The term minimum wages means the fixing of the rate of wages by process or by supplicating the state authority. Minimum wages consists of basic wage and allowances for the cost of living, for the basic necessity. The minimum wage act has a force of law the employers are strictly prohibited for paying the wage below the wage rate. the obligation of the employer to pay the said wage rate is absolute.
It is a type of retirement benefit. It is a payment made with the intention of helping the employees after retirement. It was held in case Indian Hume Pipe co. ltd v. Workman that the general principle underlying gratuity scheme is that by service over a long period the employee is entitled to claim a certain amount as a retirement benefit.
The Payment of Gratuity Act is passed by the Indian Parliament on 21 August 1972. The act enforced on 16 September 1972. This act is extended to the whole of India but extended in Jammu and Kashmir. it applies to those organisations with 10 or more persons are employed on any day of the preceding 12 months.
Eligibility for Payment of gratuity
Under Section 4 of this Act, payment of gratuity is mandatory. Gratuity is payable to the employee after the termination of employment after he has rendered his continuous service in the single organization which is not less than 5 years. Termination can be due to following reasons:
- Retirement or Resignation
- On death or disablement due to disease
Note: The completion of 5 years is not mandatory in case of death or accident in such cases mandatory gratuity is payable.
Different Plan and Policy and Development of Labour Policy
First five-year plan
In the First Five Year, the main attention was given to labour problems on two matters: the welfare of the labourer class and the country’s economic stability and workers’ right to form an association, union, organisation and collective bargaining were get attention.
In order to maintain relations between employers and workers, the Planning Commissions recommends certain norms and standards. Works Committees were recommended for the settlement of differences.
Second five-year plan
Code of discipline in the industry was accepted voluntarily by all the employers of the organization and workers which have been in operation since the middle of 1958.
The code has laid down specific obligations for the management and workers with the object of good cooperation between their employees at all levels. As a result of this new concept, such improvement occurs in industrial relations.
The code provides that every employee shall have the freedom and right awards to join a union of his own choice.
During the Second Five Year Plan, two steps were undertaken. Firstly, workers participation in management was spread. Joint management councils were established. The Council has to bring mutual consultation between employers and workers over important issues which affect industrial relations.
Secondly, educational planning for workers is implemented. This scheme comprises training of teacher- administration and worker teachers. This scheme has helped to raise the self-confidence of workers and has increased their ability to take advantage of protective labour laws.
Third five-year plan
Labour policy was plan according to long term need of a planned economy, India’s labour policy is to achieve full employment and increasing the standard of living of labourer, this plan is subject to the requirements of further development and interest of all the sections of society, in particular, the satisfaction of the basic needs of all its members.
Fourth five-year plan
The labour policy in the Fourth Five Year Plan was evolved with two basic concepts:
(1) The relationship between workers and employers is kind of a partnership.
(2) The employees are under obligation to protect the well-living of employees. Greater emphasis was placed on collective bargaining.
Fifth five-year plan
The labour supply matters contained in the Fifth Plan increase in the labour force about 18.26 million hence the plan is oriented for various employment opportunities
The sixth and seventh five-year plan
The labour policy adopted in the Sixth Plan was for the achievement of the following objectives:
- To establish pleasant employers and workers.
- To speed up the rate of industrial development and to create opportunities for employment.
- To raise the living standard of workers in general and the weaker section.
From time to time, suggestions have been given for the review of the working of labour policy. Since independence, the industrial scene has undergone various changes. The scenario of the working class has changed in several respects.
Special labour laws applicable to the following sectors of industry
Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 brought into existence to regulate the working conditions of the working journalist and ensure wage stability and employment.
The Working Journalist Fixation of Rate of Wages Act, 1958 which was another Act enforced to provide for the fixation of rates of wages in respect of working journalists and for matters connected therewith.
The Cine -Workers and Cinema Theatre Workers (Regulation of Employment Act, 1981 was brought into existence. This act provides regulation for the working conditions of the cine- worker or theatre worker. This act extends to the whole of India. It shall come into force by the central government by notifying in the official gazette.
The Railways Labour Act, 2005 regulating the hours of work and rest of the Railway workers called Railway servants. And, any orders issued thereunder they were inconsistent with revised rules have been repealed and revised rules called “The Railway Servants (Hours of Work and Period of Rest) Rules, 2005.
The Mines Act, 1952 was enforced as the mining and mineral sector needs special attention so that it can be utilized and not exploited for personal needs. The Mines Act governs the regulation of mines and minerals.
Steps were taken by the government in labour law sector
Draft labour code on social security
The draft of the labour code on social security and welfare, 2017 was placed on the ministry website on 16th March 2017, for the comments of the stakeholder, the revised draft is prepared.
The employers, workers, trade union, are invited to give their suggestions and comments on this draft if there are any suggestions on this revised code it is submitted to the undersecretary of the Ministry of Labour.
About social security
Social Security means a program that requires the government to create a fund or system which can be used to make payments to people who are unable to work because of circumstances. Essential features of Social Security are that it is compulsory by law, administered by the government and it has provisions of rights and enforcement.
The right to social security has been treated as a human right by the United Nations. The ‘Social Security adopted by the International Labour Organization (ILO) in 1952 also prescribes minimum standards for benefits in the important areas of social security. India has not yet confirmed this convention. It is high time that now the Country moves towards providing the minimum standards of social security to all its citizen.
Social security coverage extension in the BRICS.
Its objectives are:
- To enhance international visibility and facilitate knowledge sharing on Social Security Reforms in the BRICS Country.
- To highlight major challenges and innovative responses to extending social security coverage in the BRICS countries.
- To facilitate the promotion and implementation of the international social security standards for social security administration in the BRICS country.
- Characteristics and opportunities.
- The five BRICS countries have enjoyed significant and sustained economic growth over the last two decades.
- There also have been fast-moving cultural changes in family structures from rural to urban organizations.
- The BRICS share a political will to extend social security coverage.
PM shram yogi maan- dhan
Government of India has launched a pension scheme for unorganised workers namely Pradhan Mantri Shram Yogi Maan-dhan (PM-SYM) to secure old age protection for Unorganised Workers.
The unorganised workers regularly employed as, street vendors, home-based workers, mid-day meal workers, audio-visual workers and related to different professions whose monthly income is Rs 15,000/ per month or limited and apply to the age group of 18-40 years. They should not be included in the New Pension Scheme (NPS), Employees’ State Insurance Corporation (ESIC) scheme or Employees’ Provident Fund Organisation (EPFO).
Aam aadmi beema yojna
The employees in the unorganized sector form about 93% of the whole workforce in the country. The Government has been performing some social security standards for certain professional groups. Numbers of the workers are still without any social security. Realizing the demand for social security for these workers, the Central Government has launched a Bill in the Parliament.
Grant in aid on child and woman labour
Grant in aid on child labour
Funds under Grants-in-Aid Scheme are approved directly to NGO for the removal of Child Labour in areas not covered by NCLP Scheme. Under the scheme, willing companies are given financial support of the Ministry of Labour on the direction of government to the extent of 75% of the project cost for the improvement of children. Willing organizations have been getting funds under the scheme. recently, about 70 intentionally agencies are being served.
Grant in Aid on Women Labour
The Ministry was running a Grant-in-aid Scheme for the well-being of women labour. This Scheme, was proceeding the Sixth Five Year Plan, was governed throughout willing organizations by giving grant-in-aid to them for the following objectives:
Regulating the working women and training them about their rights/duties, giving Legal aid to working women. Workshops, classes, etc. aiming at raising the general consciousness of the society about the problems of women labour.
Under this Plan, Willing Organizations were given funds by way of grants-in-aid to carry the action-oriented schemes for the benefit of women labour. Schemes associated with information formation of campaigns for women labour under this Scheme. The aim of the Scheme was information generation among women labour, in the matter of minimum wages, wages etc. to distribute notice on different plans of Central/State Government Offices ready for the benefit of women labour.
National Child labour project
The National Child Labour plan was passed by the Cabinet on 14th August, throughout the Seventh Five Year Plan Period. The plan was formulated with the primary aim of well improving the children. Removing them from employment.
Plan schemes for DGMS
- To decrease the danger of accidents in mines by risk estimation and administration techniques.
- Classification of mines having the immense risk of accidents and arrange a Risk Management Plan for such mines of the plans.
- Distribution of mine knowledge through multiple reports, technological instructions, electronic information as well as other general things.
Plan scheme of DGFASLI.
- Upgradation of various workrooms of CLI & RLIs by the purchase of high accuracy and art instruments and types of equipment to perform as National Referral Laboratories on functional safety and health.
- Guiding the Occupational Safety, Health environment and Work environment in industries.
- Building up the plan for the enforcement in systems in the major parts.
- Verification of a system for finding and distribution of information on OSH.
- Improvement of professional abilities of officers of DGFASLI & State Factories Inspectorates.
- Development in Occupational Safety and Health in vessel Breaking Industry.
- Generating information on industrial safety and health in different areas of the market by training.
Related practice area
Employment Law: Labor law fixes measures for employer and employee in a manner at the workplace and can perform an important role in many employment law cases.
Wage and Benefits Law: Wage and benefits matters look to labour law to define minimum wage.
Education Law: Teachers, professor simultaneously with other state government employees, are enough to be union members than other professions. Agreements contracted with teachers’ unions usually have an important impact on education policy.
In the developing economy, the demand for skilled labour is increased, for regulating them labour law was introduced and it regulates their wage, safety and heals, working hours, family security, right to form a union for resolving their disputes and many more. Labour law differs from the earlier branches of the law.
Labour law’s historical past has been in some situation and inspired by society and go with the flow of political change, its development is so fast, and it is expanded on a world scale. The development of labour law is free from any limitations. There is not any situation where the labour law is losing its significant position.
While some of the new protective legislation, mainly targeted for the safeguard of females workers, shedding their value.
The tendency of labour law is for approaching more general legislation including a broader scope of subjects and usually dealing with matters related to the disputes, and contracts. It is useful to minimize the adverse effect which usually happens after the closing of the industry, or retrenchment of workers, it gives the social security to the labourers. There is also a scheme “Voluntary Retirement Scheme”(VRS). This is the most common method to reduce the excess labour load. It is also named as a golden route to retrenchment. This scheme does not create pressure on the workers to voluntarily get retirement, it is upon them to decide, the government introduced it in both the public and private sectors.
Labour law gives many opportunities for the attorneys, they are hired by the trade unions formed by the labours or by the corporation that hires union employees.