Law and You > Labour Laws > The Industrial Relations Code, 2020 > Unfair Labour Practices under Industrial Relations Code, 2020

Industrial Relations Code, 2020 mentions clearly what are unfair labour practices on the part of employers and on the part of employees. The second schedule of this Code consists of a list of unfair labour practices on the part of employers and trade unions of employers and unfair labour practices on the part of workmen and trade unions of workmen. According to Section 84 of the Industrial Relations Code, 2020 no employer or worker or a Trade Union, whether registered under this Code, or not, shall commit any unfair labour practice specified in the Second Schedule. According to Section 86(5) of the Industrial Relations Code, 2020 any person who commits any unfair labour practice as specified in the Second Schedule shall be punishable with fine which shall not be less than ten thousand rupees, but which may extend to two lakh rupees.

Unfair Labour Practices on the Part of Employers and Trade Unions of Employers:

(1) To interfere with, restrain from, or coerce, workers in the exercise of their right to organise, form, join or assist a Trade Union or to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection, that is to say,—

(a) threatening workers with discharge or dismissal, if they join a Trade Union;

(b) threatening a lock-out or closure, if a Trade Union is organised;

(c) granting wage increase to workers at crucial periods of Trade Union organisation, with a view to undermining the efforts of the Trade Union organisation.

(2) To dominate, interfere with or contribute support, financial or otherwise, to any Trade Union, that is to say,—

(a) an employer taking an active interest in organising a Trade Union of his workers; and

(b) an employer showing partiality or granting favour to one of several Trade Unions attempting to organise his workers or to its members, where such a Trade Union is not a recognised Trade Union.

(3) To establish employer sponsored Trade Unions of workers.

(4) To encourage or discourage membership in any Trade Union by discriminating against any worker, that is to say,—

(a) discharging or punishing a worker, because he urged other workers to join or organise a Trade Union;

(b) discharging or dismissing a worker for taking part in any strike (not being a strike which is deemed to be an illegal strike under this Code);

(c) changing seniority rating of workers because of Trade Union activities;

(d) refusing to promote workers to higher posts on account of their Trade Union activities;

(e) giving unmerited promotions to certain workers with a view to creating discord amongst other workers, or to undermine the strength of their Trade Union;

(f) discharging office-bearers or active members of the Trade Union on account of their Trade Union activities.

(5) To discharge or dismiss workers,—

(a) by way of victimisation;

(b) not in good faith, but in the colourable exercise of the employer’s rights;

(c) by falsely implicating a worker in a criminal case on false evidence or on concocted evidence;

(d) for patently false reasons;

(e) on untrue or trumped up allegations of absence without leave;

(f) in utter disregard of the principles of natural justice in the conduct of domestic enquiry or with undue haste;

(g) for misconduct of a minor or technical character, without having any regard to the nature of the particular misconduct or the past record or service of the worker, thereby leading to a disproportionate punishment.

(6) To abolish the work of a regular nature being done by workers, and to give such work to contractors as a measure of breaking a strike.

(7) To transfer a worker mala fide from one place to another, under the guise of following management policy.

(8) To insist upon individual workers, who are on a legal strike to sign a good conduct bond, as a precondition to allowing them to resume work.

(9) To show favouritism or partiality to one set of workers regardless of merit.

(10) To employ workers as badli workers, casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent workers.

(11) To discharge or discriminate against any worker for filing charges or testifying against an employer in any enquiry or proceeding relating to any industrial dispute.

(12) To recruit worker during a strike which is not an illegal strike.

(13) Failure to implement award, settlement or agreement.

(14) To indulge in acts of force or violence.

(15) To refuse to bargain collectively, in good faith with the recognised Trade Unions.

(16) Proposing or continuing a lock-out deemed to be illegal under this Code.

Unfair Labour Practices on the Part of Workers and Trade Unions of Workers:

(1) To advise or actively support or instigate any strike deemed to be illegal under this Code.

(2) To coerce workers in the exercise of their right to self-organisation or to join a Trade Union or refrain from, joining any Trade Union, that is to say—

(a) for a Trade Union or its members to picketing in such a manner that non-striking workers are physically debarred from entering the work places;

(b) to indulge in acts of force or violence or to hold out threats of intimidation in connection with a strike against non-striking workers or against managerial staff.

(3) For a recognised union to refuse to bargain collectively in good faith with the employer.

(4) To indulge in coercive activities against certification of a bargaining representative.

(5) To stage, encourage or instigate such forms of coercive actions as wilful, “go-slow”, squatting on the work premises after working hours or “gherao” of any of the members of the managerial or other staff.

Explanation 1.—For the removal of doubts, it is clarified that “go-slow” shall mean an occasion when more than one worker in an establishment conjointly work more slowly and with less effort than usual to try to persuade the employer of the establishment to agree to higher pay or better service condition or such other demand.

Explanation 2.—For the purposes of Explanation 1, the expression “usual” shall mean,—

(i) where the standard has been specified for a worker for his work either daily, weekly or monthly basis, such work; and

(ii) where no such standard has been specified such rate of work which is the average of work in the previous three months calculated on daily or weekly or monthly basis, as the case may be.

(6) To stage demonstrations at the residence of the employers or the managerial staff members.

(7) To incite or indulge in wilful damage to employer’s property connected with the industry.

(8) To indulge in acts of force or violence or to hold out threats of intimidation against any worker with a view to prevent him from attending work.

Filing a Complaint Against an Unfair Labour Practice(As per the MRTU & PULP Act, 1971):

1. Where any person has engaged in or is engaging in any unfair labour practice, then any union or any employee or any employer or any Investigating Officer may, within ninety days of the occurrence of such unfair labour practice, file a complaint before the Court competent to deal with such complaint either under section 5, or as the as the case may be, under section 7, of this Act: Provided that, the Court may entertain a complaint after the period of ninety days from the date of the alleged occurrence, if good and sufficient reasons are shown by the complainant for the late filing of the complaint.
2. The Court shall take a decision on every such complaint as far as possible within a period of six months from the date of receipt of the complaint.
3. On receipt of a complaint under sub-section (1), the Court may, if it so considers necessary, first cause an investigation into the said complaint to be made by the Investigating Officer, and direct that a report in the matter may be submitted by him to the Court, within the period specified in the direction.
4. While investigating into any such complaint, the Investigating Officer may visit the undertaking, where the practice alleged is said to have occurred, and make such enquiries as he considers necessary. He may also make efforts to promote settlement of the complaint.
5. The Investigating Officer shall, after investigating into the complaint under sub-section (4) submit his report to the Court, within the time specified by it, setting out the full facts and circumstances of the case, and the efforts made by him in settling the complaint. The Court shall, on demand and on payment of such fee as may be prescribed by rules, supply a copy of the report to the complainant and the person complained against.
6. If on receipt of the report of the Investigating Officer, the Court finds that the complaint has not been settled satisfactorily and that facts and circumstances of the case require, that the matter should be further considered by it, the Court shall proceed to consider it, and give its decision.
7. The decision of the Court, which shall be in writing, shall be in the form of an order. The order of the Court shall be final and shall not be called in question in any civil or criminal court.
8. The Court shall cause its order to be published in such manner as may be prescribed. The order of the Court shall become enforceable from the date specified in the order.
9. The Court shall forward a copy of its order to the State Government and such officers of the State Government as may be prescribed.

Conclusion:

Unfair labour practices represent a significant challenge within labour laws, undermining the fundamental rights of workers and the principles of fair employment. These practices, which can include actions such as discrimination, retaliation against union activities, and violations of collective bargaining agreements, disrupt the balance between employers and employees, eroding trust and cooperation in the workplace.

Addressing unfair labour practices is essential for fostering a just and equitable labour environment. Effective enforcement of labour laws, alongside robust mechanisms for reporting and resolving grievances, plays a crucial role in protecting workers’ rights. Furthermore, educating both employers and employees about their rights and responsibilities can help prevent such practices from occurring in the first place.

Ultimately, combating unfair labour practices not only safeguards individual workers but also contributes to a healthier, more productive workforce. By promoting fairness and respect in labour relations, societies can enhance economic stability and social cohesion, ensuring that all workers can contribute to and benefit from the fruits of their labour.

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