Chapter-14 Provisions Relating to Fair Labour Practice

Section 92: Deemed to be unfair labour practice

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1) The employer and trade union shall not commit, or cause to commit, any unfair labour practice referred to in sub-section (2) or (3).

2) If any employer does any of the following acts, the employer shall be deemed to have committed the unfair labour practice:

(a) Not to comply with the labour law or cause such non-compliance,

(b) To restrict the exercise of any right conferred by the labour law,

(c) To create knowingly false evidence with intent to take action against any labour,

(d) To commit any act with the sole intention to trouble or harass a labour knowingly,

(e) To interfere or cause interference in the formation, operation and administrative functions of the trade union,

(f) To continue the lock-out declared unlawful,

(g) To assault or manhandle any labour,

(h) To provoke or incite any labour with an intent to create enmity or animosity among the labourers.

3) If the trade union commits any of the following acts, it shall be deemed to have committed the unfair labour practice:

(a) To pressurise or threaten any labour or not to become a member of any union,

(b) To collect donations or assistance forcibly,

(c) To picket or surround the employer’s private residence or other enterprise except the workplace or causing such picketing or surrounding,

(d) To assault the employer or his or her representative or any labour or do any other illegal activity in order to have their demand fulfilled or causing such assault or activity,

(e) To commit any act of damaging the employer’s property intentionally.

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