In this article, we will discuss the various types of unfair labour practices under on part of both employers and employees and their trade union, and also the consequences of engaging in such practices. It also describe the penalty for carrying out unfair labour practices and prohibition for the same.
Introduction
Unfair labour practices are practices that violate the rights of workers and create an unfair and hostile work environment, undermine the dignity of workers, and damage the relationship between employers and workers. In order to protect the rights of workers and ensure fair labour practices, most countries, including India, have laws that prohibit unfair labour practices.
Industrial Disputes Act, 1947 ( amended in 1982) provides for the settlement of industrial disputes between employers and workmen. The fifth schedule of the act comprise of the list of unfair Labour Practices on the part of both employers and workmen and their trade union.
Keywords- Labour, unfair, workmen, employers, dispute, trade union.
Unfair Labour Practices on part of employers and trade union of employers
Unfair labour practices by employers:
- Refusing to employ or discharging any employee, or otherwise prejudicing any employee, because he is a member of a trade union or because he is engaging in union activities.
2. Discriminating against any employee with regard to promotions, wages or other conditions of service on the ground that the employee is a member of a trade union or engages in union activities.
3. Establishing employers’ organizations or participating in their formation which have the effect of placing restrictions on the right of employees to form or join unions.
4. Dismissing or punishing an employee for participating in any legal proceedings against an employer or for testifying in such proceedings.
5. Altering, modifying or terminating the conditions of service of any employee without giving notice or without prior permission from the appropriate government authority.
6. Indulging in any unfair labour practice which is detrimental to the employees or their trade unions.Unfair labour practices by trade unions of employers:
7. Refusing to bargain collectively in good faith with an employer or employers.
8. Coercing an employer or employers to agree to collective bargaining or to sign a collective agreement.
9. Inducing or attempting to induce any employee to refrain from exercising his legal right to join or continue in a trade union.
10.Imposing unreasonable restrictions on the right of any employee to resign from the trade union.
11.Picketing outside the place of business of an employer for any reason other than that of a labour dispute connected with the establishment
.Unfair labour practices by workmen:
1.Going on strike without following the legal procedures: Workmen cannot go on strike without following the legal procedures under the Industrial Disputes Act,
This includes giving notice of the strike to the employer and the government authorities.
2.Engaging in a go-slow: Workmen cannot engage in a go-slow, which involves deliberately slowing down work to create pressure on the employer.
3. Sabotaging machinery or equipment: Workmen cannot sabotage machinery or equipment in the workplace. This can be done to create pressure on the employer or to express dissatisfaction with working conditions.
4. Using violence or intimidation: Workmen cannot use violence or intimidation to pressure the employer or to create a hostile work environment.
5. Refusing to work overtime: Workmen cannot refuse to work overtime without a valid reason. This can be done to create pressure on the employer or to express dissatisfaction with working conditions.
6.Misconduct or misbehaviour at the workplace: Workmen cannot engage in misconduct or misbehaviour at the workplace. This can include using abusive language, fighting with other workers, or engaging in other inappropriate behaviour.
Unfair labour practices by trade unions of workmen:
1.Calling for a strike without following the legal procedures: Trade unions of workmen cannot call for a strike without following the legal procedures under the Industrial Disputes Act, 1947. This includes giving notice of the strike to the employer and the government authorities.
2. Coercing workmen to participate in a strike: Trade unions of workmen cannot coerce workmen to participate in a strike. Workers have the right to participate or not participate in a strike of their own free will.
3. Boycotting the work of non-union workers: Trade unions of workmen cannot boycott the work of non-union workers. This can be done to create pressure on the employer or to discourage non-union workers from joining a trade union.
4. Using violence or intimidation: Trade unions of workmen cannot use violence or intimidation to pressure the employer or to create a hostile work environment.
5. Refusing to bargain in good faith: Trade unions of workmen have an obligation to bargain with the employer in good faith. This means that they cannot refuse to negotiate or engage in bad faith bargaining.
6. Failing to represent the interests of workmen fairly and impartially: Trade unions of workmen have an obligation to represent the interests of workmen fairly and impartially. This means that they cannot represent the interests of a particular group of workmen over the interests of other workmen.
Note: these are only some examples of the various unfair labour practices that can be committed by employers and workmen and their trade unions. If an employee or a trade union believes that such an unfair labour practice has been committed, they can file a complaint with the appropriate government authority or approach the courts for redressal.
Consequences of engaging in unfair labour practices:
- Penalties and fines: Employers, trade unions of employers, or trade unions of workmen can be penalized or fined for engaging in unfair labour practices. The penalties can be in the form of monetary compensation or other measures.
2. Legal action: Employers, trade unions of employers, or trade unions of workmen
can face legal action for engaging in unfair labour practices. Legal action can include civil suits or criminal charges.
3. Damage to reputation: Engaging in unfair labour practices can damage the reputation of the employer or the trade.
Prohibition of Unfair Labour Practices
Section 25T of Industrial Dispute Act, 1947 states about prohibition of unfair labour practices, and mentions about the several provisions that employers, trade unions, and workmen must comply with, whether registered or not under the Trade Unions Act, 1926.
These provisions include:
- Formation of trade unions: Indian labour laws recognize the right of workmen to form trade unions and to engage in collective bargaining. Employers must not interfere with this right and must allow workmen to form unions freely.
2. Prohibition of discrimination: Employers must not discriminate against workmen on the basis of caste, religion, gender, or any other factor.Discrimination can take many forms, including unequal pay, denial of promotions,
and denial of training opportunities.
3. Protection of union activities: Employers must not retaliate against workmen for participating in union activities. This includes dismissals, demotions, or any other form of punishment.
4. Bargaining in good faith: Employers and trade unions must bargain in good faith to reach an agreement on employment conditions. This includes making reasonable proposals, responding to proposals in a timely manner, and negotiating in good faith.
5. Compliance with standing orders: Employers must comply with the provisions of the Industrial Employment (Standing Orders) Act, 1946. This includes maintaining standing orders, displaying them in a prominent place, and providing copies to workmen.
Penalty for committing Unfair Labour Practices
Section 25u of the Industrial Disputes Act, 1947 specifies penalties for committing unfair labour practices. The penalties may include:
Fine: The employer or the trade union of employers may be fined up to Rs. 5,000 for committing an unfair labour practice.
Imprisonment: The employer or the trade union of employers may be imprisoned for up to six months if they are found guilty of committing an unfair labour practice.
Compensatory payment: The employer may be ordered to pay a compensatory
payment to the worker who has been affected by the unfair labour practice.
Reinstatement: The worker who has been affected by the unfair labour practice may be reinstated with or without back wages.
Case law:
Regional Manager, SBI Vs. Mahatma Mishra ( 1 November 2006)
In this case the respondent was appointed on the temporary basis in 1982 for the period of 88 days, but he was terminated from the service before the tenure, without receiving any written notice for the termination. The Labour court observed that this lies under the extent of Unfair Labour Practices, as the termination of defendant was not casual, but instead it was of permanent nature and it was also observed that management had reported the unfair Labour Practice which is considered as illegal act under the Industrial Dispute Act, 1947.
Conclusion
In conclusion, unfair labour practices are a critical issue that we must address.Discrimination, harassment, and wage theft not only harm workers, but they also damage the economy and society as a whole. The vital Labour welfare legislation is the Industrial Dispute Act, 1947, which deals with the welfare of workmen from any kind of exploitation.
The Act also mentions about the prohibition of unfair labour practices and penalties for thesame. Employers and the Trade unions can engage in the unfair labour practices. Therefore, the Labour courts are set up to consider the appeals.
This Article is written by Mahima Anand, Himgiri zee University, Dehradun, 4th year BBA.LL.B.
