Meaning and Concept of Unfair Labour Practice
Unfair Labour Practice refers to certain acts of employers, trade unions, or workmen which are considered unethical, unjust, or illegal under labour law and which disturb industrial harmony. The concept is defined under Section 2(ra) of the Industrial Disputes Act, 1947, which states that unfair labour practices mean any of the practices specified in the Fifth Schedule of the Act. These practices include acts such as interfering with trade union activities, victimization of workers, refusal to bargain collectively, and engaging workmen as casual or temporary employees for years to deny them permanent status. The objective behind prohibiting unfair labour practices is to ensure fairness, equality, and good faith in industrial relations. By declaring such practices unlawful, the law seeks to protect workers’ rights and promote peaceful industrial relations.
Types of Unfair Labour Practices
The Fifth Schedule of the Industrial Disputes Act, 1947 classifies unfair labour practices into two main categories: those committed by employers and those committed by workmen or trade unions. Unfair practices by employers include threatening workers for joining trade unions, dismissing employees by way of victimization, and showing favoritism to certain workers. On the other hand, unfair practices by workmen or trade unions include coercive strikes, instigating violence, and forcing employers to recognize unions through illegal means. These practices are considered harmful as they create mistrust and instability in industrial establishments. The classification helps authorities identify responsibility and take corrective action to restore industrial peace.
Legal Consequences and Importance
Engaging in unfair labour practices attracts legal consequences under labour law. Though the Industrial Disputes Act primarily provides the definition, several State amendments and judicial decisions have strengthened enforcement mechanisms. Courts and labour authorities treat unfair labour practices seriously because they undermine collective bargaining and workers’ welfare. Employers found guilty may face reinstatement orders, compensation liabilities, or directions to cease such practices. The prohibition of unfair labour practices acts as a deterrent and ensures that both employers and workmen act within legal and ethical boundaries. Thus, the concept plays a crucial role in maintaining balance and fairness in industrial relations.
Real-Time Practical Example
A real-time example of unfair labour practice can be seen when an employer repeatedly hires workers on temporary contracts for many years to avoid granting them permanent employee benefits. Suppose a factory employs workers as contract labour for over ten years despite the work being permanent in nature. This practice is listed as an unfair labour practice under the Fifth Schedule of the Industrial Disputes Act. When workers raise the issue before a labour court, the employer may be directed to regularize their services and stop such unfair practices. This example highlights how the law protects workers from exploitation.
Mnemonic to Remember Unfair Labour Practice
Mnemonic: “U.N.F.A.I.R”
U – Unjust acts
N – No collective bargaining
F – Favoritism and victimization
A – Against trade unions
I – Illegal employment practices
R – Rights of workers violated
This mnemonic helps recall the meaning, types, and impact of unfair labour practices during examinations.
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