UNFAIR TRADE PRACTICES By Trapti Pareek

Unfair labour practice [ULP] –
An ULP means any unfair act or omission that arises between an employer and an employee, involving :

  •  The unfair conduct of the employer relating to the promotion, demotion or training of an employee or relating to the provision of benefits to an employee.
  • The unfair suspension of an employee or any other disciplinary action short of dismissal in respect of an employee.
  • The failure or refusal of an employer to reinstate or re-employ a former employee in terms of any agreement.
  • An occupational detriment other than dismissal.

Unfair trade practice
A trade practice which, for the purpose of promoting the sale, use or supply of any goods or for provisions of any service adopt any unfair method.

Conditions of service etc to remain unchanged under certain circumstances during the pendency of proceeding- 
Section 9A of Industrial Dispute Act , 1947 give a power to employer to send a notice, who proposes to effect
any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule, shall effect such change,-

  • without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or
  •  within twenty- one days of giving such notice

There are some conditions prescribed in section 33 of the act where the services of workman remain unchanged, such condition are as follows:

  1. During the pendency of any conciliation proceeding before a conciliation officer or a Board or of any proceeding before an arbitrator or] a Labour Court or Tribunal or National Tribunal in respect of an industrial dispute.
  2. During the pendency of any such proceeding in respect of an industrial dispute, the employer may, in accordance with the standing orders applicable to a workman concerned in such dispute or with the terms of the contract
  3. Notwithstanding anything contained in sub- section (2), no employer shall, during the pendency of any such proceeding in respect of an industrial dispute, take any action against any protected workman
  4. In every establishment, the number of workmen to be recognised as protected workmen for the purposes of sub- section (3) shall be one per cent of the total number of workmen employed therein subject to a minimum number of five protected workmen and a maximum number of one hundred protected workmen and for the aforesaid purpose.
  5. Where an employer makes an application to a conciliation officer, Board, an arbitrator, a] labour Court, Tribunal or National Tribunal under the proviso to sub- section (2) for approval of the action taken by him, the authority concerned shall, without delay, hear such application and pass, within a period of three months from the date of receipt of such application, such order in relation thereto as it deems fit.

Schedule fourth of the act tell about the following condition of service for which the notice of change is given:

  1. Wages, including the period and mode of payment
  2. contribution paid, or payable, by the employer to any provident fund or pension fund or for the benefit of the workmen under any law for the time being in force
  3.  Compensatory and other allowances
  4.  Hours of work and rest intervals
  5. Leave with wages and holidays
  6.  Starting alteration or discontinuance of shift working otherwise than in accordance with standing orders
  7.  Classification by grades
  8. Withdrawal of any customary concession or privilege or change in usage
  9.  Introduction of new rules of discipline, or alteration of existing rules, except in so far as they are provided in standing orders
  10.  Rationalization, standardization or improvement of plant or technique which is likely to lead to retrenchment of workmen
  11.  Any increases or reduction (other than casual) in the number of persons employed
    or to be employed in any occupation or process or department or shift.

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