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By: Ankush Saphiya
CUHP16MBA10
Provisions relating to unfair labour practices was inserted by
an amending act of 1982.
No employer or workman or a trade union whether registered under trade
union act 1926 or not, is to commit any of the unfair labour practices
specified in the 5th schedule of the act[Secs.2(ra), 25T]
1. By employers & trade union of employers
(Employers’ associations)
2. By workmen & trade unions of workmen
1. To restrain workmen in exercise of their right to organize, form,
join or assist a trade union.
a) Threatening workmen with discharge or dismissal if they join
trade union.
b) Threatening a lockout or closure if trade union is formed
c) Granting wage increase to workmen at crucial periods of trade
union organization with view of undermining the efforts of
trade union
2. To dominate or contribute financial support or otherwise to any trade union
that is to say:
a) An employer taking an active interest in organizing a trade union of his
workmen
b) An workmen showing partiality or granting favor to one of several trade unions
attempting to organize his workmen or its members, where such a trade union
is not a recognized trade union.
3. To establish employer-sponsored trade unions.
4. To encourage or discourage membership in any trade union by discriminating
against any workmen.
a) Discharging or punishing a workmen for taking part in any strike.
b) Discharging or punishing a workmen because he urged other workmen to join a
trade union.
c) Changing seniority rating of workmen because of trade union activates.
d) Refusing to promote workmen to higher posts on account of their trade union
activates.
e) Giving unmerited promotions to certain workmen with a view to create discord
among other workmen
f) Discharging office bearers or active members of trade union on account of their
trade union activities.
5. To discharge or dismiss workmen:
a) By way of victimization.
b) Not in good faith, but in the colorable exercise of the employer’s rights.
c) By falsely implicating a workmen in a criminal case on false evidence.
d) On untrue or trumped up allegations of absence without leave.
e) For misconduct of a minor or technical character.
6. To abolish the work of a regular nature being
done by a workmen & giving it to contractors.
7. To transfer a workmen mala fide from one
place to another under the guise of following
management policy.
YOU ARE
FIRED
8. To insist upon individual workmen, who are on a
legal strike to sign on a good conduct bond as a
precondition to allow them to resume work.
9. To show favoritism or partiality.
10. To employ workmen as badlis casuals or temporaries
and to continue them as such for years, with the
object of depriving them of status & privileges of
permanent workmen.
11. To recruit workmen during a strike(when strike is
legal)
12. Failure to implement award settlement or
agreement.
13. To indulge in acts of force or violence.
14. To refuse to bargain collectively in a good faith with
the recognized trade unions.
15. Proposing or continuing a lock-out deemed to be
illegal under this act.
1. To advise or actively support or instigate any
strike deemed to be illegal under this act.
2. For a recognized union to refuse to bargain
collectively with the employer.
3. To indulge in coercive activates against
certification of a bargaining representative.
4. To incite or indulge in willful damage to
employer’s property connected with the industry
5. To stage demonstrations at the residences of the
employer.
6. To indulge in acts of force or violence or to hold
out threats of intimidation against any
workman with a view to prevent him from
attending work.
1. Sinha P.R.N, Sinha Bala Indu, Shekhar Priyadarshini Seema; Industrial
Relations, Trade uinons and labour legislation, First Impression, Pearson
Publication, New Delhi (Page 474 – 476).
2. Google Images

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Unfiar labour practices

  • 2. Provisions relating to unfair labour practices was inserted by an amending act of 1982. No employer or workman or a trade union whether registered under trade union act 1926 or not, is to commit any of the unfair labour practices specified in the 5th schedule of the act[Secs.2(ra), 25T]
  • 3. 1. By employers & trade union of employers (Employers’ associations) 2. By workmen & trade unions of workmen
  • 4. 1. To restrain workmen in exercise of their right to organize, form, join or assist a trade union. a) Threatening workmen with discharge or dismissal if they join trade union. b) Threatening a lockout or closure if trade union is formed c) Granting wage increase to workmen at crucial periods of trade union organization with view of undermining the efforts of trade union
  • 5. 2. To dominate or contribute financial support or otherwise to any trade union that is to say: a) An employer taking an active interest in organizing a trade union of his workmen b) An workmen showing partiality or granting favor to one of several trade unions attempting to organize his workmen or its members, where such a trade union is not a recognized trade union. 3. To establish employer-sponsored trade unions.
  • 6. 4. To encourage or discourage membership in any trade union by discriminating against any workmen. a) Discharging or punishing a workmen for taking part in any strike. b) Discharging or punishing a workmen because he urged other workmen to join a trade union. c) Changing seniority rating of workmen because of trade union activates. d) Refusing to promote workmen to higher posts on account of their trade union activates. e) Giving unmerited promotions to certain workmen with a view to create discord among other workmen f) Discharging office bearers or active members of trade union on account of their trade union activities.
  • 7. 5. To discharge or dismiss workmen: a) By way of victimization. b) Not in good faith, but in the colorable exercise of the employer’s rights. c) By falsely implicating a workmen in a criminal case on false evidence. d) On untrue or trumped up allegations of absence without leave. e) For misconduct of a minor or technical character. 6. To abolish the work of a regular nature being done by a workmen & giving it to contractors. 7. To transfer a workmen mala fide from one place to another under the guise of following management policy. YOU ARE FIRED
  • 8. 8. To insist upon individual workmen, who are on a legal strike to sign on a good conduct bond as a precondition to allow them to resume work. 9. To show favoritism or partiality. 10. To employ workmen as badlis casuals or temporaries and to continue them as such for years, with the object of depriving them of status & privileges of permanent workmen. 11. To recruit workmen during a strike(when strike is legal) 12. Failure to implement award settlement or agreement. 13. To indulge in acts of force or violence. 14. To refuse to bargain collectively in a good faith with the recognized trade unions. 15. Proposing or continuing a lock-out deemed to be illegal under this act.
  • 9. 1. To advise or actively support or instigate any strike deemed to be illegal under this act. 2. For a recognized union to refuse to bargain collectively with the employer. 3. To indulge in coercive activates against certification of a bargaining representative. 4. To incite or indulge in willful damage to employer’s property connected with the industry 5. To stage demonstrations at the residences of the employer. 6. To indulge in acts of force or violence or to hold out threats of intimidation against any workman with a view to prevent him from attending work.
  • 10. 1. Sinha P.R.N, Sinha Bala Indu, Shekhar Priyadarshini Seema; Industrial Relations, Trade uinons and labour legislation, First Impression, Pearson Publication, New Delhi (Page 474 – 476). 2. Google Images