UNFAIR

LABOUR PRACTICES
 There are many unfair labor practices that employers have been found
guilty of participating in. These range anywhere from violating child
labor laws to failing to pay qualified employees the overtime wages
that they deserve. Although some employers are actually unaware of
the unfair labor practices they inflict upon their workers, many are fully
aware of what they are doing and they try to trick their employees into
thinking they are being treated and compensated fairly.
 One of the most common, unfair labor practices is forcing employees
to work off-the-clock and not compensating them properly for it, or not
compensating them at all. Your employer may be guilty of this practice
if he or she requires you to:
 Clock out at the end of the day but still force you to work or complete
a project
 Have a morning meeting before your work day begins
 Work on the weekend without clocking in
 For traditional jobs, nighttime and weekend hours are usually less than
desirable, and this is the time that many employees use to relax and to
spend time with their family and friends. Because of this, many
employers will offer employees a premium pay for work completed
during the weekend or at night. However, additional wages for working
nights and/or weekends is a matter of agreement between the
employee (or someone representing the employee on his or her behalf)
and the employer. The Fair Labor Standards Act (FLSA) does not require
additional wages simply because it may be evening or weekend work,
unless the hours qualify as overtime work and go beyond the forty hours
in a traditional workweek and you are a nonexempt employee.
Additionally, many hospital and residential care facility employers inflict
unfair labor practices on their employees, forcing them to work longer
and harder hours without fair compensation.
 In India there are several Acts and legislations enacted by the
Government of India for regulation of industries in the country. These
enactments play a very important role in the country's overall
progress and economic development. These legislations are
amended from time to time in accordance with the changing
circumstances and environment. Another important aspect of
legislations is the industrial relations, which involves various aspects
of interactions between the employer and the employees; among
the employees as well as between the employers. In such relations
whenever there is a clash of interest, it may result in dissatisfaction
for either of the parties involved and hence lead to industrial
disputes or conflicts.
 n the present scenario of increasing demand for labour flexibility by
employers, some practices are followed that would legally amount
to unfair labour practices (ULPs). The Industrial Disputes Act 1947 has
provided against ULPs by employers, workmen and unions.
 INTRODUCTION

The development of fair labour standards and its adoption in the

business world was aimed at achieving a decent and human working
condition. This defines the manner in which the relationship between
the employer and employees should be based on several principles of
constitution. Fair labour practices include principles like non
discrimination in which no person should be discriminated from
employment in terms of hiring, compensation, retirement or
termination, bias on gender, age, nationality, ethnic origin etc. Any
form of violations of such laws by employers or unions is therefore
termed as unfair labour relations. This is something wrongful done by
the employers or unions.
 UNFAIR LABOUR PRACTICES
A new schedule v has been added by the industrial disputes act 1982. In this schedule
unfair labour practices have been defined. It contains the list of such practices as are
treated unfair on the part of the employers or their trade unions or on the part of
workmen and their trade union.
Section (ra): UNFAIR LABOUR PRACTICE- “Unfair Labour Practice” means any
of the practices specified in the Fifth Schedule.
In Naresh Kumar v. State of HP, The HC has held that giving artificial breaks by the
management for the purpose of not allowing the petitioner to complete 240 days in a
year amounts to unfair labour practices.

SECTION 25-T: PROHIBITION OF UNFAIR LABOUR PRACTICE: No employer

or workman or a trade union, whether registered under the trade union act 1926 or not
shall commit any unfair labour practice.
SECTION 25-U: PENALTY FOR COMMITING UNFAIR LABOUR PRACTICE:
Any person who commits any unfair labour practice shall be punishable with
imprisonment for the term which may extend to six months or with fine which may
extend to one thousand rupees or with both.
UNFAIR TRADE PRACTICES ON PART
OF EMPLOYERS
 Threatening workmen with discharge or dismissal if the join trade union,
threatening a lock out or closure if trade union is organised.
 To dominate, interference with or contribute support, financial, or to any
trade union that is: an employer taking an active interest in organising a
trade union of his workmen.
 To establish employer sponsored trade unions of workmen.
 To encourage or discourage membership in any trade union by
discriminating against any workman: discharging or punishing workman
because he urged other to join trade union, changing seniority rating of
workmen because of trade union activities, refusing to promote workmen
to higher posts on account of their trade union activites.
 To abolish the work of a regular nature being done by workmen and to give such
work to contractors as a measure of breaking a strike.
 To transfer a workman mala fide from one place to another under the guise of
following management policy.
 To show favouritism or partiality to one set of workers regardless of merit.
 To employ workmen as a ‘Badlis’ casuals or temporaries and to continue them as
such for years with the object of depriving them of status and previleges of
permanent workmen.
 To recruit workmen during strike which is not an illegal strike.
 Failure to implement award, settlement or agreement.
 To indulge in acts of force and violence.
 To refuse to bargain collectively, in good faith with the recognised trade union.
UNFAIR LABOUR PRACTICES ON
PART OF WORKMEN
 To advise or actively support or instigate any strike deemed to be
illegal under this act.
 For a recognised union to refuse to bargain collectively in good faith
with the employer.
 To indulge in coercive activities against certification of a bargaining
representative.
 To stage demonstrations at the residences of the employers or the
managerial staff members.
 To incite or indulge in wilful damage to employers property
connected with the industry.
 CASES

GANGADHAR PILLAI V. SIEMENS LTD.

The appellant served in the respondent company from 1978 as a helper
and his services came to an end in the year 2000. He challenged it as an
unfair labour practice and failed to attempt to get a declaration that his
ending of service was unfair labour practice.
The supreme court observed that only because of a person had been
engaged as a casual or temporary employee for a number of years, the
same itself might not lead to conclusion that such appointment had
been made with the object of depriving him of the status and privilege
of a permanent employee.
 BENGAL BHATDEE CO. V. SINGH
Thirteen workmen during strike obstructed other workers who were willing to work
from doing their work by sitting down between the tramlines. The company served
charge sheets on them. The welfare officer of the company conducted domestic
inquiry and recommended their dismissal.
The supreme court observed that the offence committed by these workmen cannot
be said that the punishment inflicted was grossly out of the proportion. Therefore,
the action taken by the company in dismissing these employees did not amount to
victimization.
 HIND CONSTRUCTION V.
ENGINEERING COMPANY
The holiday fell on Sunday the next day was declared a holiday. Eleven permanent
employees refused to work on the day which was after the holiday. They were
suspended, charge sheet and dismissed after holding a domestic inquiry. The union
raised an industrial dispute.
The industrial dispute held that the punishment of dismissal for one day absence was
unjustifiably serve and amounted to victimization.
VICTIMIZATION: It means one of the two things. One is when the workman
concerned is innocent and yet he is punished because he has in some way displeased
the employer. The second instance is where an employee has committed an offence
but is given a punishment quite out of proportion to the gravity of an offence
because he has incurred the displeasure of the employer.
Devandra Kumar C. Solanki v. State
of Gujarat
 Gujarat HC has held that the work done by the concerned
workmen was as same as that of permanent workmen and they also
worked for similar number of hours. But discrepancy in payment of
wages b/w permanent and non-permanent workmen is alarming,
same to be construed as unfair labour practice as defined under
section 2 (ra) of the Act.
 CONCLUSION

It is difficult to define an exhaustive or conclusive test of unfair labour

practices but it may be said that any practices when violates the
directive principles of state polices contained in article 43 of the
constitution and also other provisions made under the delegated
legislation. In reality employment contracts protect interest of employer
and provide employer with wide discretionary powers in context to
performance related bonuses.