Complaint by Centre of Indian Trade Unions (CITU) to International Labour Organization (ILO)
Complaint to ILO against Samsung Management
- On behalf of Centre of Indian Trade Unions (CITU) recognized central Trade Union by the Union Government of INDIA as per the Trade Union Act 1926 (Central legislation governing the formation and regulation of Trade Unions) submit to state as below and file this Complaint regarding violation of the basic fundamental ILO Convention No.87 & Convention No. 98 and non-recognition of SAMSUNG INDIA WORKERS UNION (SIWU) and Union busting activities by the M/s. SAMSUNG INDIA ELECTRONICS PRIVATE LIMITED, SH 120, SRIPERUMBADUR, KANCHIPURAM, TAMIL NADU, INDIA, PIN 602106.
- The overwhelming majority of workers of M/s Samsung India Electronics Private Limited at its manufacturing location in Ezhichur village, near Sunguvarchatram in Kanchipuram District of Tamil Nadu (State/Province) in INDIA organized themselves into a Labour Union / Trade Union – Samsung India Workers Union (SIWU) on 16th June 2024 as per the provisions of Trade Union Act, 1926 and applied for the registration of Trade Union as per the provisions of the Act on 26th June 2024, to the Registrar of Trade Unions of Tamil Nadu State/ Provincial Government. As per the Trade union Act 1926 the Union -SIWU was to be statutorily registered within 45 days from the date of filling of application for the registration. In spite of lapse of 85 days, as the Registrar of Trade Unions did not register the Union, the SIWU petitioned to the Hon’ble High Court of Tamil Nadu on 20th September 2024. The High Court directed the Registrar of Trade Unions and the SIWU to discuss and complete the process with two weeks of time that is by 14th October 2024.
- Meanwhile the SIWU had submitted the 20 points – Charter of Demands of the workers to the Management of Samsung India Electronics Private Limited on 11th July 2024 and urged for negotiation on the Charter of Demands of the workers with the representatives of Workers Union- SIWU. The Management of Samsung India Electronics Private Limited rejected to entertain and/or accept the Workers Union and negotiate with its representatives on the plea that the company does not allow/accept any union as a matter of its policy. Such a policy is contrary to the industrial labour laws of the Nation i.e. laws of the land on which the country is operating. Hope committee appreciates any such non- compliance by a company which it is statutorily bound to comply, is in contravention of not only the laws of the land but also of ILO labour standards.
- The Management further raised objections in writing for naming and usage of “Samsung” in the name of Union – Samsung India Workers Union and orally objected to the CITU leadership in the list of Officers of the SIWU and the registered address of Union before the Registrar of Trade Unions. The Registrar of Trade Unions a statutory Authority under the Trade Union Act 1926 to register a Union succumbed to the pressure of management of M/s. Samsung India Electronics Private limited and has kept the registration of the Workers Union pending till date.
- The SIWU served the Notice of Strike as per the provisions of Industrial Disputes Act 1946 which is a central legislation governing the Industrial relations between the employers and employees in the nation on 19th August 2024 and went on strike from 9th September 2024 in which 1450 out of 1810 workers are participating.
- The Samsung India Electronics Private Limited which is a South Korean multinational company has not recognized the Union of workers SIWU as per the Provisions of the industrial labour laws of the nation and are objecting and exerting undue influence on the statutory Authority empowered to register the statutory Trade Union of the workers as per the collective will of the overwhelming majority of the workers.
- The Workers Unions affiliated to the CITU have protested on 8th October 2024 across the nation and expressed solidarity with the SIWU led striking workers of Samsung India Electronics Private limited. Further to which the Management of Samsung India Electronics Private Limited in its desperate attempt of busting the majority workers Union-SIWU has floated pro management miniscule-minority-workers-led so called Works Committee and signed a Memorandum of Agreement with them on 7th October 2024, which is a gross Unfair Labour Practice as per the Industrial Disputes Act 1946 and also as per International Labour Standards of ILO.
- Meanwhile the Provincial/State Government Police of the State of Tamil Nadu on 9th October 2024 has arrested the striking workers and the leaders of the SIWU including the leaders of CITU leading the Union and removed the Pandal erected at the site of Protest undertaken since the day strike began on 10th September 2024. The High Court of Tamil Nadu and other lower courts of the Province/State have upheld the right of workers and Union members to continue their protest and strike peacefully as per law of the land.
- The Centre of Indian Trade unions (CITU) submit to bringing above facts to the notice of the Committee on Freedom of Association of ILO files this complaint against the M/S Samsung India Electronics Private Limited and seek the Committee to intervene and initiate Complaints Procedure against the said Company as per Article 26 of the ILO and related provisions for violation of ILO CO 87 & CO 98 and Union Busting Activities.
Thanking You,
Yours Sincerely,
TAPAN SEN
GENERAL SECRETARY
CENTRE OF INDIAN TRADE UNIONS (CITU)
REPUBLIC OF INDIA