What are 'Unfair Labour Practices'? What is the procedure for filing a complaint against Unfair Labour Practices?
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Question: What are 'Unfair Labour Practices'? What is the procedure for filing a complaint against Unfair Labour Practices?Find the question and answer of Labour Law only on Legal Bites. [What are 'Unfair Labour Practices'? What is the procedure for filing a complaint against Unfair Labour Practices?]AnswerUnfair Labour Practices (ULPs) are actions or omissions by an employer or a trade union that violate the rights of workers or interfere with their ability to form or join a union or engage...
Question: What are 'Unfair Labour Practices'? What is the procedure for filing a complaint against Unfair Labour Practices?
Find the question and answer of Labour Law only on Legal Bites. [What are 'Unfair Labour Practices'? What is the procedure for filing a complaint against Unfair Labour Practices?]
Answer
Unfair Labour Practices (ULPs) are actions or omissions by an employer or a trade union that violate the rights of workers or interfere with their ability to form or join a union or engage in collective bargaining. These practices are considered unfair because they undermine the basic principles of labour relations, including freedom of association, collective bargaining, and the right to strike.
The Industrial Disputes Act, 1947, identifies a range of ULPs committed by employers and trade unions. Some examples of ULPs by employers include:
- Discrimination in employment, recruitment, or promotion based on union membership or activities.
- Discharge, dismissal, or suspension of workers for engaging in union activities.
- Refusal to bargain collectively with a recognized trade union.
- Interference with the formation of a union, including the coercion or intimidation of workers to prevent them from joining a union.
- Retaliation against workers for filing complaints or participating in legal proceedings related to labour disputes.
Some examples of ULPs by trade unions include:
1. Interference with the rights of workers who are not members of the union, including the prevention of workers from joining another union of their choice.
2. Coercion or intimidation of workers to join a particular union or to engage in union activities.
3. Refusal to bargain collectively with an employer, including the imposition of unreasonable demands or conditions.
4. Retaliation against workers for refusing to participate in a strike or filing complaints or participating in legal proceedings related to labour disputes.
5. If an employee or a trade union believes that an employer or a trade union has committed a ULP, they can file a complaint with the appropriate labour authority.
The Procedure to File a Complaint is as Follows:
Step 1:
If any person has engaged or is engaging in any unfair labour practice, a complaint is to be filed within 90 days. Any union, employee, or Investigating Officer can file the complaint. They can file a complaint after the occurrence of unfair labour practices. It should be filed before a competent court as given under Section 5 or Section 7 of the act. If the complainant shows a good reason for the late filing of the complaint then the court may entertain it.
Step 2:
The Court shall give its decision on every such complaint within six months. It shall be noted from the date of receipt of the complaint.
Step 3:
The court under sub-section (1), on receipt of a complaint, may first cause an investigation if it considers necessary. The said complaint is to be made by the Investigating Officer. It is to be directed that a report on the matter may be submitted by him to the Court. It is to be submitted within the period specified in the direction.
Step 4:
The Investigating Officer might visit the undertaking, the place where the practice alleged is said to have occurred. He may make such inquiries as he considers necessary. He may also make efforts to promote the settlement of the complaint at the time of the investigation.
Step 5:
The Investigating Officer shall submit its report to the court under subsection (4). This is done after investigating the complaint and should be submitted within the time specified by it. It should state all facts and circumstances of the case, and the efforts made by him in settling the complaint.
The Court shall supply a copy of the report to the complainant and the person complained against. It is done on demand and on payment of such fee as may be prescribed by rules.
Step 6:
The Court shall proceed to give its decision in a case where facts and circumstances require the matter to be considered further. This is done upon receipt of the report of the Investigating Officer. Then the Court finds that the complaint has not been settled satisfactorily,
Step 7:
The decision of the Court shall be in the form of an order and shall be in writing. The order of the Court shall be final. It shall not be called into question in any civil or criminal court.
Step 8:
The court shall publish its order in such manner as may be prescribed. The order of the Court is to become enforceable from the date specified in the order.
Step 9:
The Court shall provide a copy of its order to the State Government. It can forward a copy to such officers of the State Government as may be prescribed in the act.