INTRODUCTION
Unfair labour practices refer to the practice or treatment of employees by the employer, which violates the protective laws, according to sections 5 to 13 of the National Labour Relations Act. This includes activities such as termination, reduction of benefits, wages, or hours, and the transfer of employees from one location to another. Labour practices are the different ways in which organizations conduct their human resource management. In some instances, organizations engage in unfair labour practices to obtain an advantage or to take advantage of their employees.
These practices primarily come on record within the Labour Law and Violation Act of many countries. This paper will outline unfair labour practices, their types, and their effects on the economy and employees.
TYPES OF UNFAIR LABOUR PRACTICES
According to the National Labour Relations Act (NLRA), there are two types of unfair labour practices; these are the employer’s unfair labour practices and the employee’s unfair labour practices. The employer’s unfair labour practices are a result of unfair treatment of its employees by the management. This may be achieved by enacting policies that are detrimental to workers’ rights, such as low wages, under-staffing, or reducing hours of work. Other examples include harassment or intimidation of employees, and suppression of workers’ rights to form or join trade unions (Levine & Hill, 2015).
On the other hand, employee’s unfair labour practices refer to activities that violate their employer’s dynamic rights. These include slowing down production to protest a change in wages or hours, and other types of work stoppages, such as sit-ins or strikes, against the company’s working conditions. These activities are significant in that they disrupt work processes or the provision of services. These labour practices are usually illegal since they violate the rights of employees. This research paper will outline the types of unfair labour practices and their effects on employees.
DISCRIMINATION
Discrimination is a prevalent form of unfair labour practice. Employers discriminate against employees based on race, gender, age, religion, and sexual orientation. Discriminatory practices can manifest in the hiring process, promotions, and compensation. In most cases, discrimination against employees is subtle and may be difficult to prove. However, its effects on employees are far-reaching, and it results in reduced self-worth, low morale, and reduced productivity.
UNJUST DISMISSAL
Unfair dismissal occurs when employers terminate employment without valid reasons. In such cases, employees have no opportunity to defend themselves, and it is often done in contravention of established employment laws. Unjust dismissal contributes to a high level of employee turnover and can also result in psychological trauma for the affected employees.
HARASSMENT
Harassment is any unwelcome behavior that makes the work environment hostile or uncomfortable for employees. Harassment can take many forms, including sexual harassment, bullying, and intimidation. Harassment results in reduced productivity, absenteeism from work, and affects the mental health of the employee. Employers have an obligation to provide a safe working environment, and tolerating harassment undermines this responsibility.
RETALIATION
Retaliation happens when an employer punishes employees for asserting their rights. It can occur when employees file discrimination claims, whistle blowers, or when they refuse to participate in illegal activities at work. Retaliation creates an intimidating environment that discourages employees from reporting unlawful activities. It also hinders the development of a positive working relationship between the employer and the employees.
FAILURE TO PROVIDE MANDATORY BENEFITS
Employers have an obligation to provide employees with mandatory benefits such as sick leave, vacation days, and health insurance. Failure to provide these benefits is illegal and creates a sense of insecurity for employees. Employees need to be assured that they are valued by their employer, and their health and wellbeing are a priority.
EFFECTS OF UNFAIR LABOUR PRACTICES ON THE ECONOMY AND EMPLOYEES
Unfair labour practices are unethical and illegal actions committed by employers or unions that violate the rights of employees. These practices have a significant impact on workers and organizations, and they can cause immense damage to the economy as a whole.
One of the most significant effects of unfair labour practices is decreased employee motivation and morale. When employees feel that they are being treated unfairly, they are less likely to give their best efforts at work, leading to decreased productivity and efficiency. This can result in the deterioration of the quality of work, which can ultimately lead to a decline in customer satisfaction and revenue.
Unfair labour practices can also lead to high levels of employee turnover. Employees who feel undervalued, underpaid, or overworked may choose to leave the organization in search of better opportunities, resulting in increased recruitment and training costs for the company.
The effects of unfair labour practices are averse to both the employees and the economy. For employees and their unions, these practices lessen the bargaining power of the union representatives and lead to financial instability, job insecurity, and contract violations. Furthermore, it can lead to a decrease in morale and motivation, which can result in decreased productivity or maintain inferior quality (Levine & Hill, 2015).
For the economy, unfair labour practices contribute to a reduction in the overall economic growth because of lower productivity, fewer job opportunities in various sectors, and a lack of investment. By suppressing worker wages, employers may adopt more automated and mechanized production techniques to increase productivity, further reducing the number of jobs available. Therefore, unfair labour practices lead to social mismanagement and magnify social inequalities by limiting job opportunities and wage growth among some of the most vulnerable members in a society (ILO, 2017).
CONCLUSION
Overall, labour laws and regulations are intended to promote social justice and fair business practices in the labour market. Unfair labour practices limit workers’ rights and weaken their bargaining power, leading to economic and social inequalities. Unfair labour practices can cause long-lasting damage to employees, negatively impact their productivity, and create an unpleasant working environment. Employers have an obligation to maintain a fair and equitable working environment, and violating employee rights undermines this obligation. It is essential for employers to take proactive measures to prevent the occurrence of unfair labour practices, and they must also be ready to redress any issues that arise. Governments must also enforce employment laws and regulations to ensure that employees enjoy their rights in the workplace.
To limit these practices, stakeholders should strive to adopt and engage transparent policies and procedures aimed at promoting fair business practices, irrespective of their employers’ size. This will benefit workers by reducing discriminatory employment practices and the impact of unilateral decisions made by management. Finally, research and collaborations are needed to better understand the effects of the labour market policies and improve the living standards of workers.
REFERENCES
1. International Labour Organization. (2017). Unfair labour practices: Why they are harmful and how to prevent them. Geneva: ILO.
2. Levine, M. E., & Hill, R. B. (2015). Unfair Labour Practice Proceedings; Discretion in Deferring to an Arbitration Clause. Labour Law Journal, 66(3), 125-129.
3. Murray, G. F., & Murray, M. P. (2017). Regulation, deregulation, and the quality of jobs. Journal of Labor Research, 38(4), 496-519.
4. Zamfir, E. (2017). Labour regulations, employment and social inclusion: Insights from EU and national experiences. Cambridge University Press.
5. International Labour Organization. (2017). Women and men in the informal economy: A statistical picture.
Author Bio
