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17

Unfair labour practices on the part of employers

Act: Balochistan Industrial Relations Act 2010

Section Provisions

ACT XIII of 2010 ACT XIII of 2010 BALOCHISTAN INDUSTRIAL RELATIONS ACT, 2010 An Act to consolidate and rationalize the law relating to formation of trade unions, and improvement of relations between' employers and workman [Gazette of Balochistan, Extraordinary, 22nd February, 2011] No. PAB/Legis: V (14)/2010, dated 26-10-2010.--Balochistan Industrial Relations Bill No.14 of 2010 having been passed by the Provincial. Assembly of Balochistan on 14th October, 2010 and assented to by the Governor, Balochistan on 15th October, 2010 is hereby published as an Act of the Provincial Assembly of Balochistan. Whereas it is expedient to consolidate and rationalize the law relating to formation of trade unions, regulation of relations between employers and workman and the avoidance and settlement of any differences or disputes arising between them or matters connected ' therewith and ancillary thereto; It is hereby enacted as follows:-- 17. Unfair labour practices on the part of employers.--(l) No employer or trade union of employers and no person acting on behalf of either shall:-- (a) impose any condition in a contract of employment seeking to restrain the right of a person who is a party to such contract to join a trade union or continue his membership of a trade union; (b) refuse to employ or refuse to continue to employ any person on the ground that such person is, or is not a member or officer of a trade union: (c) discriminate against any person in regard to any employment, promotion, condition of employment or working condition on the ground that such person is, or is not, a member or officer of a trade union; (d) dismiss, discharge, remove from employment or transfer or threaten to dismiss, discharge or remove from employment or transfer a workman or injure or threaten to injure him in respect of his employment by reason that the workman: (i) is or proposes to become, or seeks to persuade any other person to become, a member or officer of a trade union; or (ii) participate in the promotion, formation or activities of a trade union; (e) induce any person to refrain from becoming, or to cease to be a member or officer of a trade union, by conferring or offering to confer any advantage on, or by procuring or offering to procure any advantage for such person or any other person; (f) compel or attempt to compel any officer of the collective bargaining agent to arrive at a settlement by using intimidation, coercion, pressure, threat, confinement to a place, physical injury, disconnection of water, power and telephone facilities and such other methods; (g) interfere with or in any way influence the balloting provided for in section 24; (h) recruit any new workman during the period of a notice of strike under section 44 or during the currency of a strike which is not illegal except where the Conciliator having been satisfied that complete cessation of work is likely to cause serious damage to the machinery or installation, has permitted temporary employment of a limited number of workmen in the section where the damage is likely to occur; (i) close down the whole of the establishment in contravention of Standing Order 11-A of the Industrial and Commercial Employment (Standing Orders) 'Ordinance, 1968 (W.P. Ord. VI of 1968); or (j) commence, continue, instigate or incite others to take part in, or expend or supply money or otherwise act in furtherance or support of, an illegal lockout. (2) Nothing in subsection (1) shall be deemed to preclude an employer from requiring that a person upon his appointment or promotion to managerial position shall cease to he, and shall be disqualified from being, a member or officer of a 'trade union of workmen.