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Labor Laws in Pakistan

Unfair Labor Practices

Introduction
The law relating to unfair labor practices on the part of employer and workmen is enacted in Section 17
and 18 of the Punjab industrial relation act 2010.

Meaning of unfair labor practices


Unfair labor practices mean those practices which have been declared unfair practices under Punjab
industrial and relation act 2010.

Unfair labor practices on the part of workmen

1. To persuade a workmen : to persuade a workmen to join or refrain from joining a Trade


union during working hours is unfair labor practices on part of workmen.
Meaning of Persuasion: the act of influencing or attempting influence others by reasonable
arguments.

2. To compel or attempt to compel employer : another type of unfair labor practices on


the part of workmen is to compel or attempt to compel the employer to accept any demand by
using :Intimidation, coercion, pressure, threat, ouster from a place , confinement ,
dispossession, assault, physical injury, disconnection of telephone, water, power facilities or by
such other methods.

3. To instigate others: it shall be an unfair labor practice on the part of workmen if he


commences, continues, instigates or incites others to take part or support an illegal strike or
adopt go slow measures.

Meaning of illegal strike: illegal strike means a strike declared, commenced or continued
otherwise then in accordance with the provisions of this ordinance.

Meaning of Go slow: the expression go slow means an organized deliberate and purposeful
slowing down of normal output or the deterioration of the normal quality of work by a body of workman
acting in concerted manner.
Unfair labor practices on part of Employer
1. To impose any condition: if any employer imposes any condition in a contract of employment
seeking to restrain the right of a person who is party to such contract to join a trade union or
continue his membership of trade union then this act of employer will constitute unfair labor
practices.
2. Refuse to employ: if an employer refuses to employ or refuses to continue to employ any person
on the ground that such person is or is not, a member or office bearer of a trade union, then this
act of employer will constitute unfair labor practices.
3. Discrimination: if the employer discriminates against any person in regard to any , employment ,
promotion , condition of employment, working condition on the ground that such person is or is
not, a member or office bearer of a trade union then such practice by employer will amount to
unfair labor practice.
4. To compel: to compel or attempt to compel any office bearer to arrive at a settlement by using
intimidation, coercion, pressure, threat, confinement to a place, physical injury, disconnection
of water, power or telephone facilities or by such other methods.
5. To interfere with balloting: it is unfair labor practice on the part of employer to interfere with or
in any way influence the balloting provided for in section 20.
6. Recruitment during the specific period: Recruiting any new workmen during the period during
the period of notice of strike under section 36.
7. To instigate illegal lockout: Another type of unfair labor practice on the part of employer is to
commence, continue, instigate, or incite others to take part in or otherwise act in furtherance or
support of an illegal lockout.

Penalty for unfair labor practice.


Provision of section 64of Punjab industrial relation act 2010, enumerate the penalties that can be
imposed on a person against whom charge of unfair labor practice has been proved.

Penalty for violation: any person guilty for unfair labor practices on the part of employer shall be
punishable with fine which may extend to Rs. 30,000 but not less than ten thousand rupees.

Any person guilty for the unfair labor practices on the part of workmen shall be punishable with fine
which may extend to Rs. 20,000 but not less than five thousand rupees.

Conclusion:
To conclude this can be said that unfair labor practices are the practices which have been declared
unfair labor practices under PIRA 2010. These unfair labor practices have either been committed on the
part of the employer or workmen. Unfair labor practices on the part of employer are made punishable
with a fine of thirty thousand rupees and unfair labor practices on the part of workmen is made
punishable with a fine of twenty thousand rupees.