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Chapter XII · Industrial Relations Code

Unfair Labour Practices

This chapter is a single section that bans unfair labour practices. The ban applies to employers, workers and trade unions alike, whether or not the union is registered, and the acts it forbids are the ones listed in the Code's Second Schedule. For employers, workers and unions, it makes the Second Schedule the list of conduct that is off limits in their dealings with each other. That list is not frozen: the Central Government can add to or amend the Second Schedule by notification under section 101.

1 section ~1 min read Official text, PDF p. 40
HR managersIndustrial relations managersTrade union representativesBusiness owners

Key points

  1. 1Section 84 forbids every unfair labour practice listed in the Second Schedule; the section itself lists nothing, so the Second Schedule is where the prohibited acts are spelled out. §84
  2. 2The ban binds employers, workers and trade unions equally, so it is not only a rule for the employer's side. §84
  3. 3A trade union is covered whether or not it is registered under the Code, so staying unregistered does not take a union outside the ban. §84
  4. 4Only practices specified in the Second Schedule are caught by this section; conduct that feels unfair but is not on that list falls outside section 84. The list itself can change, because the Central Government may add to or amend the Second Schedule by notification under section 101, so check the current version. §84
  5. 5This chapter contains no exceptions of its own, but it is not the last word: section 96 elsewhere in the Code lets the appropriate Government exempt an establishment or class of establishments from a provision of the Code by notification, so check whether any such notification applies. §84
Earlier law:Industrial Disputes Act, 1947
84

Prohibition of unfair labour practice

In plain words

No employer, worker or trade union, whether registered under the Code or not, may commit any of the unfair labour practices listed in the Second Schedule.

No employer or worker or a Trade Union, whether registered under this Code, or not, shall commit any unfair labour practice specified in the Second Schedule.

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