UNFAIR LABOUR PRACTICES BY EMPLOYERS AT WORK PLACES AND FUNDAMENTAL RIGHTS OF EMPLOYEES

1. Unfair Labour Practices
and Fundamental
Rights of Employees

2. FUNDAMENTAL RIGHTS OF
EMPLOYEES [4-7]
 The right to membership to Trade Unions or a Workers Committee.
 The right to prohibition of forced labour.
 The right to protection against discrimination.
 The right to fair labour standards.
 The right to democracy at workplace

3. Fair Labour Standards (6)
 Shall not pay an employee a wage lower than agreed at law
 Shall not require an employee to work more than the 8 hours permitted by
lawful to provide conditions specified by law eg protective clothing
 Hinder or obstruct or penalize any employee for seeking legal
proceedings/recourse available to him within his/her lawful rights which
protects his rights as an employee

4. Protection of Employees against
Discrimination
 No discrimination to employees or prospective employees on grounds of
race, tribe, place of origin, political opinion, color, gender, pregnancy,
HIV/AIDS status, disabled persons.
 Discrimination manifests in advertising of employment, recruitment,
creation/classification/abolition of posts, determination for
remuneration/benefits, choice of persons for
training/advancements/apprenticeship/transfer/promotion.
 Equal pay for equal work to males & females.

5. Right to Membership of TU/WC [4]
 Right to be members or officers of TU/WC, as well as participating in their
formations and rights to engage in activities of such organisations.
 Right to membership is limited to registered TU of their undertakings.

6. Right to Democracy in the Workplace
[7]
 Don’t hinder/obstruct/prevent employees from forming workers
committees of carrying out such activities for purpose of airing their
grievances, negotiating any employment matter.
 Employees should not be threatened or intimidated for such activities.
 Employer must permit LO/DA to have access to employees at their place of
work during normal working hours for purposes of advising workers in
relation to conditions of employment and assisting them in relation to
workers committees business and their sustainance.

7. Unfair Labour Practices by Employer
(8)
 Prevent employees to exercise their rights accorded by the Labour Act
 Refuses to negotiate in good faith with a workers committee or trade union
 Refuses to cooperate in good faith with employment council which represent
employees.
 Fails to implement CBA, decision or finding of NEC.
 Deals with another TU when there is already a registered representing
employees
 Demands sexual favors from employees in return for work related favors such
as hiring, promotion, abolition of posts, increment etc.
 Sexual harassment which might be verbal, physical contact, sexually colored
remarks or displaying pornographic material at work place