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India s Labor Union Laws: Employee Rights to Free Speech & Organizing

Thursday, July 1, 2021 In March 2021, the United States House of Representatives passed a pro-union bill, called Protecting the Right to Organize Act of 2021 (PRO Act). If enacted, the PRO Act shall amend several provisions of the National Labor Relations Act (NLRA) to provide new rights for labor unions and restrict certain existing rights for employers.[1] In India, the new labor codes are awaiting a notification on their effective date. Once effective, the labor codes introduce certain critical provisions in relation to labor unions (known as trade unions in India). Law in relation to labor union in India Article 19(1)(c) of the Constitution of India, 1950 (Constitution) envisages the fundamental right to ‘freedom of speech and expression’ and guarantees the right ‘to form associations or unions’ including unions.

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