earticle

영어

33 years have passed since Korea normalized with India. Today India is related closely with Korea at economic side. I think that sooner or later the Korea-India FTA will be signed. Therefore this paper studies India’s labour law, especially the Indian Unfair Labour Practices.
The characteristics of unfair labour practices in India are as followings; ① non-provision of guarantee of worker’s basic rights in Constitution Law, ② the continuity of unfair labour practices, ③ the registration of trade union, ④ unfair labour practices on the part of workmen and trade unions of workmen, ⑤ judicial remedy process etc.
The Indian Trade Unions Act,1926 was accordingly amended by the The Indian Trade Unions(Amendment) Act,1947(Act No.XLV of 1947). Certain acts are specified in the Act as unfair labour practice. Provision has been made enabling withdrawal of recognition of a registered trade union, when an unfair labour practice is committed by the executive or members of a registered trade union, or where a trade union has ceased to be a representative trade union or failed to submit any return prescribed under the Act. An unfair labour practice on the part of the employer has been made an offence punishable with fine. The Industrial Disputes Amendment Act, 1982 prescribes unfair labour practice on the part of the employer and trade unions of employers as well as on the part of workmen and trades unions of workmen.
Conclusively speaking, this paper suggests that our labor law should more concretely prescribe unfair labour practice on the part of the employer by studying unfair labour practice on the part of the employer in India.