Unfair labour practices on the part of

workmen
• No workman or other person or trade union of
workmen shall
– make a workman to join or refrain from joining a
trade union by:
• Persuasion
• Intimidation (by means of violence or black mail)
• Offering advantage
– compel or attempt to compel the employer to
accept any demand
 Unfair labour practices on the part of
workmen (cont’d)

– commence, continue or stimulate others to take

part in, or expend, or support of, an illegal strike or
a go-slow
– to interfere with a ballot held under section 24(for
determining the CBA) by the exercise of undue
influence, intimidation, impersonation or bribery
 Rights & Privileges for Registered Trade
Union
Incorporation
Immunity from criminal suit
Immunity from civil suit
Enforceability of agreement
A registered trade union
shall be
a body corporate
 have perpetual succession and a
common seal
 can acquire, hold or dispose of
property
 can contract and sue or be sued by
its name
 Rights & Privileges for Registered Trade
Union

Incorporation
No member of a registered trade
union or CBA shall be liable to
punishment under sub-section (2)
Immunity from criminal suit
of section 120-B of the Pakistan
Penal Code for any agreement
made between the members to
Immunity from civil suit further any object as specified in
the constitution of trade union
 Exception: Agreement to commit
Enforceability of agreement an offense or violates any other
law
 Rights & Privileges for Registered Trade
Union

Incorporation
No member of a registered trade
union or CBA shall be liable to
punishment under sub-section (2)
Immunity from criminal suit
of section 120-B of the Pakistan
Penal Code for any agreement
made between the members to
Immunity from civil suit further any object as specified in
the constitution of trade union
 Exception: Agreement to commit
Enforceability of agreement an offense or violates any other
law
 Rights & Privileges for Registered Trade
Union

Incorporation
 Agreement between the
members of the trade union
Immunity from criminal suit shall not be void or voidable
because object of the
agreement is in restraint of
Immunity from civil suit
trade
 The civil court is not entitle to
entertain any legal proceedings
Enforceability of agreement
 Returns
• A registered trade union shall annually send to
the Registrar
– An audited general statement of all receipts and
expenditure during the year
– Statement of assets and liabilities existing at the last
day of the year
– Statement showing all changes of office-bearers made
by the trade union during the year
– Statement of the total paid membership and a
corrected copy of the constitution of the trade union
 Returns (Cont’d)

• A copy of every alteration made in the

constitution and of a resolution of the general
body (shall be sent with in the 15 days)
• Name of federation or confederation must be
mentioned in the annual statements of trade
union or federation respectively (if any)
 Rights and Duties of CBA
• The collective bargaining agent shall be entitled
to
– undertake collective bargaining with the employer
– represent all or any of the workmen in any
proceeding 
– give notice of, and declare, a strike in accordance
with the provisions of the Act
– nominate representatives of workmen on the board
of Provident Funds and of the workers participation
fund
 Collective bargaining agent
• Collective bargaining agent is determine as follows

On application to registrar If its Registrar

One
Establishment

members are not less than certify it to

union 1/3rd of the total workmen employed be CBA

On application to registrar by any Registrar

More union in establishment if its members hold secret
unions are not less than 1/5th of the total ballot with
workmen employed in 15 days

In case of large
establishment hold the
secret ballot within 30 days
Collective bargaining agent (cont’d)
• Procedure of Election
1. Notice to Unions
• Its purpose is to indicate whether there is any
contestant in the secrete ballot
• If yes, the contestant has to submit a list of its
members showing the prescribed particulars
– If the union is a federation then it has to submit a list
of its affiliated trade unions together with a list of
members of each such trade union along with their
said particulars
 Procedure of Election (cont’d)
2. Every employer shall

Submit a list of all

workers employed provide facilities to Provide facilities in
in the his establishment
the registrar for
establishment for the conduct of
verification of the
whose period of lists submitted by the poll and shall
employment is not interfere and
him and the trade
greater than 3 influence the
unions.
months . voting.
 Procedure of Election (cont’d)

3. The registrar shall prepare a list of voters

(members of contesting unions) and send its
certified copy to each of the contesting trade
unions at least 4 days prior to the date of
poll.
 Procedure of Election (cont’d)
4. Conduct of poll
– For the purpose of conducting poll, the Registrar shall

 Fix the date for the union

polland
 No trade unionshallIf nobetrade
certified If inform
secures each of the contesting
two orsuch
more trade unions
trade unions and also every employer
to be the CBA unless number
the of votes in the firstthe
securing poll,
equal highest
numberofOn votes a second
the received
date poll
fixedby shall
foritthe
is beplace
number
poll, heldofandvotes, further
seal the ballotpoll
not less than 1/3inrdbetween
boxes of the
the thestation
total
polling two shall
trade unions
be
in the held between
presence of the them
which
number ofrepresentatives
workmen secure
of thehighest
employed untilnumbers
contestingone of them
trade unionssecures a
in such establishmentof votes in the first poll
majority.
 Conduct the poll at the polling station

 Open the ballot boxes and count the votes after the
conclusion of the poll in the presence of the representatives
of the trade unions

 Certify the trade union to be the collective bargaining agent

which has received the highest number of votes