Q-11: Discuss the “Unfair Labour Practice” on the part of employers and employees.
Ans: UNFAIR LABOUR PRACTICES:
Unfair labour practices may be on the part of employers, and the workers.
According to Section 63(1) the following actions of the employer, trade union of employers or any person on behalf of either shall be unfair labour practices on the part of the employer:-
UNFAIR PRACTICE ON THE PART OF EMPLOYER
Following parties will be considered unfair labor practice according to the Act Section 15.
1. IMPOSING ANY CONDITION
If in the contract of employment this condition is imposed that worker will not join the trade union or he will leave the membership of a trade union. It is an unfair labour practice.
2. PRESUA TION FOR UNION
If any employer discharge or threats any worker that he was persuading other worker other worker for the membership or office ship of the trade union, is a unfair labour practice.
3. PARTICIPATION IN UNION ACTIVITES
If any employer discharges, injures or transfers the worker on this ground that he was participating in the promotion or other activities of trade union. It is also an unfair labour practice,
4. TO PREVENT BY OFFER
If an employer induces to prevent any worker become member or officer of the trade union by offering any advantage or providing any advantage is also an unfair practice.
5. COMPELLING FOR SETTLEMENT
If employer compels or attempts to compel any representative of the trade union for settlement is also unfair practice.
6. INTERFERENCE IN ELECTION
In the election of trade union if employer interferes or in any way influences the voter for particular candidate is also unfair practice.
In case of promotion or employment if an employer discriminates between the trade union officer and worker is also unfair practice.
8. CLOSE DOWN OF WORK
If the employer closes down the whole establishment against the standing orders of (11 – A) of industrial and commercial employment ordinance 1968, it is also unfair labour practice on the part of the employer.
UNFAIR LABOUR PRACTICES ON THE PART OF WORKERS
Following are the important unfair labour practices on the part of workers or their representatives. Section 16 defines them in the following ways.
1. PRESUATION DURING WORKING HOURS
If any worker or member of trade union persuades during the working hours, a workman join or not to join the trade union is an unfair labour practice
If any worker intimates other person to join or not to join, the trade union or continue or to cease the membership of the trade union is also unfair labour practice.
3. TO COMPEL THE EMPLOYER
According to Section 16 (d) if any workers or on the behalf of the workers any person accepts the demands are also unfair labour practice.
4. ILLEGAL STRIKE
According to Section 16 (e) if any one supports the illegal strike or instigates other for illegal strike, it is an unfair labour practice on the part of the workers.
5 GO – SLOW
Section 16 (e) also explains that if a worker reduces the speed of his work and causes damage to the employer it is also unfair practice.
б. PREVENTION BY TEMPTATION
Sometimes any worker is offered any advantage to prevent from becoming the member or officer or not becoming the member of the trade union. Such type of offer or grant by a worker to other person is also unfair labour practice.
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Penalties for unfair labour practice.