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Unfair Labour Practices in Labour Law: What Happens When Employers Violate the Law?

unfair labour practices in labour law

Introduction

What happens when an employer treats its employees unfairly?

Sometimes, the unfair treatment that an employee feels may not be intentional. It could happen because the employer lacks proper awareness or guidance. But whatever the reason, if an employee is treated unfairly, it can lead to serious consequences such as work disruption, legal penalties, court rulings, and even damage to the company’s reputation.

One organisation learned this the hard way when it was penalised for wrongful termination. The management hadn’t followed the right procedures, which led to serious legal action later. This shows that fairness at the workplace isn’t just a moral responsibility but also a legal requirement.

In this blog, you’ll learn what unfair labour practices in labour law mean, the penalties involved, examples of such practices by employers, and how to prevent them in your company.

What is Unfair Labour Practices in Labour Law?

Unfair labour practices in labour law are basically actions by an employer or a union that break employees’ rights or disturb industrial peace. To put that in simple words, it’s anything that stops workers from being treated fairly or discourages them from exercising their legal rights.

In India, these practices are taken very seriously by labour courts and are governed by multiple laws. So, both you as an employer and your employees are expected to stay within legal limits to keep mutual respect and workplace balance intact.

unfair labour practices in labour law

Laws Governing Unfair Labour Practices

Knowing the laws around unfair labour practices is important because it helps you as employer to stay compliant and avoid unintentional mistakes. The main law amongst all is the Prevention of Unfair Labour Practices Act, 1971, which clearly defines and forbids certain acts that harm employees’ rights or collective interests.

Here are the laws governing the unfair labour practices in India:

  • The Prevention of Unfair Labour Practices Act, 1971: It helps stop unfair behaviour at work by clearly listing what actions are unfair and making sure both employers and employees follow fair practices.
  • The Industrial Disputes Act, 1947: It manages employer-employee relations and lays out proper steps to solve disputes.
  • Working Hours and Leave Policy: Mention expected working hours, weekly offs, and types of leave to ensure both parties know the schedule and entitlements.
  • The Trade Unions Act, 1926: This act protects employees’ rights to form and join unions.
  • The Industrial Employment (Standing Orders) Act, 1946: This act makes sure the employment terms and rules are clear.

Basically, these laws are here to protect your team and help you run things fairly without risking legal trouble.

Now that you have a basic understanding of the laws, let’s see what unfair labour practice by the employers.

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Unfair Labour Practice by the Employers

Sometimes the employers might not even realise that their actions fall under unfair labour practices. So being aware can help save your company from disputes and penalties. Here are some common examples, explained clearly and conversationally:
  • Unjust Termination: Employers can’t end employment without a valid reason or proper inquiry and doing so counts as an unfair labour practice in India.
  • Discrimination at Work: Treating employees differently based on gender, caste, union membership, or personal bias is considered illegal and unfair.
  • Retaliation Against Union Activities: Employers penalising or threatening employees who form or join unions is prohibited under the Prevention of Unfair Labour Practices Act, 1971.
  • Withholding Legitimate Benefits: If an employer denies leave, salary, bonuses, or other social security benefits that employees are entitled to, it counts as an unfair labour practices in labour law.
  • Forced Overtime or Unpaid Work: Making employees work beyond the allowed hours without proper overtime pay is a violation of labour law by employer.
  • Unfair Transfers or Demotions: Moving someone to a worse position or location just because they complained or joined a union is unlawful on part of the employer.
  • Failure to Address Grievances: Employers ignoring genuine complaints from the employees or brushing them aside without proper review is seen as deliberate negligence.
Being aware of these actions and never making these mistakes can actually protect both you and your employees from unnecessary legal battles.
Stop mistakes before they happen!

What is the Penalty for an Unfair Labour Practice?

If an employer is found guilty of unfair labour practices in India, the consequences aren’t just a slap on the wrist. They can hit you financially, legally, and even reputationally.

Here’s a simple breakdown:

  • Imprisonment: Employers can actually face up to six months in jail if violations are proven.
  • Fines: Employers can face monetary penalties that can go up to ₹1,000 or more, depending on the offence and whether it’s repeated.
  • Court Orders: Labour courts can ask employers to reinstate employees, pay back wages, or change their company policies.
  • Loss of Reputation: Even if the penalty seems small, your company’s credibility and employee trust can take a huge hit.

So, it’s not just about ticking compliance boxes but also about building a workplace where fairness and integrity actually shape your work culture.

Now, if you’re already facing the trouble then here’s how to resolve it.

unfair labour practices in labour law
Avoid legal trouble early.

How to Resolve Labour Law Disputes

When disputes happen, the best approach is transparency and dialogue. You can try:
  • Internal Resolution: Try to resolve the matter by having honest discussions, involving HR, or using employee committees before escalating the matter.
  • Conciliation: Employers can approach a government-appointed conciliator to help both sides reach a friendly settlement.
  • Labour Court or Tribunal: If nothing works internally, the dispute can go to a Labour Court or Industrial Tribunal for formal resolution.
Real cases really show why compliance matters. Let’s look at one example that highlights the consequences of ignoring the law.
unfair labour practices in labour law

Case Study

Remember when we talked about how serious unfair labour practices can be? Here’s a real one to make it clearer.

Incident:

A leading chemicals and dyes trading company decided to close its Churchgate division in Mumbai, which had around 90 employees. They sent a notice under Section 25-FFA of the Industrial Disputes Act, 1947, intending to shut down the unit. But the employees’ union stepped in, saying the company didn’t follow the correct legal steps before ending jobs and closing the unit.

Violations:

  • The company didn’t get prior government permission, which is required under Section 25-O for units with 100+ employees.
  • The closure ignored Section 25-FFA, which sets clear rules for legally shutting down an industrial unit.
  • They didn’t follow a previous settlement agreement with the union, which included rules about employment terms and benefits.

Outcome:

In 1986, the Supreme Court ruled the closure illegal. The company had committed an unfair labour practice under Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The court ruled that the employers should reinstate the employees with full wages from the date of termination.

Honestly, this case is a solid reminder that skipping legal steps or ignoring agreements can hit you hard. Even if you think your decision is fair, you really have to make sure it follows labour laws to protect both your team and your business.

How Vishaal Consultancy Services Can Help You

Navigating unfair labour practices in labour law can be tricky when you have a lot on your plate. At Vishaal Consultancy Services, we help employers like you understand the laws, review HR policies, and stay compliant at every level.

We also offer expert advice, help with dispute resolutions, and guide you in building a transparent, compliant workplace. At, Vishaal Consultancy Services, we take care of legal compliance, so you can focus on running your business confidently and ethically.

Conclusion

Fairness at work builds loyalty, trust, and long-term success. Knowing about unfair labour practices in labour law isn’t just about avoiding penalties on your part but it’s also important to shape a workplace culture where employees feel respected. When the employees’ rights are honoured, they naturally become more productive and loyal.

And if you’re unsure about your current labour practices or want to prevent compliance risks, we offer trusted labour law advisory support to help you stay on track. Our experts at Vishaal Consultancy Services will keep both your team and your business safe and complaint. Contact us, today.

FAQs

Unfair labour practices are actions by employers or unions that violate employee rights, deny fair treatment, or disrupt workplace harmony, like discrimination, unjust termination, or retaliation against union activities.
Employers can face fines, up to six months imprisonment, court orders for reinstatement of employees or to pay back wages, and reputational damage for committing unfair labour practices in India.
Employers can prevent unfair labour practices by following labour laws, keeping transparent HR policies, addressing grievances quickly, and consulting experts to ensure compliance and fair treatment.

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