LABOUR ACT, 2003 (ACT 651)

LABOUR ACT, 2003 (ACT 651)

DATE OF PRESIDENTIAL ASSENT: 8th October, 2003

DATE OF GAZETTE NOTIFICATION: 10th October, 2003.

AN  ACT  to  amend  and  consolidate  the  laws  relating  to  labour,  employers,  trade  unions  and industrial  relations;  to  establish  a  National  Labour  Commission  and  to  provide  for  matters related to these.

1. Scope of application

This Act applies to all workers and to all employers except the Armed Forces, the Police Service, the Prison Service and the Security and Intelligence Agencies specified under the Security and Intelligence Agencies Act, 1996 (Act 526).

2. Establishment of centres and registration of agencies

(1)  The   Minister   shall   by   executive   instrument   establish   public   employment   centres   for   the performance of the functions stated in section 3.

(2)  A centre established under subsection (1) is answerable to the Minister.

3. Functions of the centres

Each centre shall

(a) assist unemployed and employed persons to find suitable employment and assist    employers to find suitable workers from among such persons;

(b) take appropriate measures to

(i) facilitate  occupational  mobility  with  a  view  to  adjusting  the  supply  of  labour  to employment opportunities in the various occupations;

(ii) facilitate geographical mobility with a view to assisting the movement of unemployed and employed persons to areas with suitable employment opportunities; and

(iii) facilitate temporary transfers of unemployed and employed persons from one place to another  as  a  means  of  meeting  temporary  local  maladjustment  in  the  supply  of  or demand for unemployed persons;

(c) assist   in   social   and   economic   planning by providing   labour   market   information to stakeholders to ensure a favourable employment situation;

(d) provide vocational guidance facilities to young persons;

(e) provide  arrangements  for  the  registration,  employment,  training  and  retraining  of  persons with disability; and

(f) provide arrangements for the registration of employed and unemployed persons

(i) with  recognised  technical,  vocational  or  professional  qualifications  or  those  without these qualifications but have had experience of a level higher than that of an artisan;

(ii) who are of the level of supervisors or foremen;

(iii) with experience at administrative, managerial or senior executive levels; and

(iv) who have received training at the tertiary level.

4. Registration of unemployed persons

(1)  An unemployed person may make an application in the prescribed form to the appropriate centre for registration in the appropriate register.

(2)  On receipt of the application, the officer in charge of the centre shall enter the particulars of the application  in  the  appropriate  register  and  issue  to  the  applicant  a  certificate  of  registration  in  the prescribed form.

5. Employment through centres or agencies

An employer may employ any worker either through a centre or a private employment agency.

6. Employment data

(1)  The  Chief  Labour  Officer  or  an  officer  authorised  by  the  Chief  Labour  Officer  shall  submit  to every employer a questionnaire relating to employment of workers by the employer within the respective centre.

(2)  The  employer  shall  complete  and  return  the  questionnaire  to  the  Chief  Labour  Officer  or  the authorised officer within fourteen days after the expiry of every three months.

(3)  Where  an  employer  fails  or  refuses  to  complete  and  return  the  questionnaire  as  required  under subsection (2) the Chief Labour Officer shall direct the employer to do so within a specified time, and the employer shall comply with the direction.

7. Private Employment Agencies

(1)  A  person  shall  not  establish  or  operate  a  private  employment  agency  unless  that  person  is  a corporate body, has applied to, and has been granted a licence by the Minister.

(2)  A licence granted by the Minister under subsection (1) is valid, subject to the terms and conditions stipulated in the licence, for a period of twelve months.

(3)  The licence of an agency may be renewed for a period of twelve months on application made to the Minister.

(4)  There shall be paid by an agency for the issue or renewal of the licence the fee that the Minister may by Legislative Instrument prescribe.

(5)  An  agency  may  recruit  workers  for  employment  in  a  country  outside  the  Republic  if  it  is authorised to do so under its licence and if there exists an agreement between the Government and that other country.

(6)  An agency shall submit to the Minister not later than fourteen days after the end of every three months, returns in respect of workers recruited for  employment, whether in the Republic or outside the Republic, during that period.

(7)  An agency shall refund fifty percent of the fees paid by a client to the agency, if the agency is unable to secure a job placement for the client after the expiration of three months.

(8)  The Minister shall revoke the licence of an agency that fails to comply with subsection (6).

8. Rights of employer

Subject to this Act and any other enactment, the rights of an employer include the right to

(a) employ a worker, discipline, transfer, promote and terminate the employment of the worker;

(b) formulate policies, execute plans and programmes to set targets;

(c) modify, extend or cease operations; and

(d) determine the type of products to make or sell and the prices of its goods and services.

9. Duties of employers

Without prejudice to the provisions of this Act and any other enactment, in a contract of employment or collective agreement, the duties of an employer include the duty to

(a) provide work and appropriate raw materials, machinery, equipment and tools;

(b) pay the agreed remuneration at the time and place agreed on in the contract of employment or collective agreement or by custom without a deduction except deduction permitted by law or agreed between the employer and the worker;

(c) take practicable steps to ensure that the worker is free from risk of personal injury or damage to  health  during  and  in  the  course  of  the  worker’s  employment  or  while  lawfully on  the employer’s premises;

(d) develop the human resources by way of training and retraining of the workers;

(e) provide and ensure the operation of an adequate procedure for discipline of the workers;

(f ) furnish the worker with a copy of the worker’s contract of employment;

(g) keep open the channels of communication with the workers; and

(h) protect the interests of the workers.

10. Rights of a worker

The rights of a worker include the right to

(a) work under satisfactory, safe and healthy conditions;

(b) receive equal pay for equal work without distinction of any kind;

(c) have rest, leisure and reasonable limitation of working hours and a period of holiday with pay as well as remuneration for public holidays;

(d) form or join a trade union;

(e) be trained and retrained for the development of skills; and

(f ) receive information relevant to the work of the worker.

11. Duties of workers

Without prejudice to the provisions of this Act, the duties of a worker in a contract of employment or collective agreement, include the duty to

(a) work conscientiously in the lawfully chosen occupation;

(b) report for work regularly and punctually;

(c) enhance productivity;

(d) exercise due care in the execution of assigned work;

(e) obey lawful instructions regarding the organisation and execution of the worker’s work;

(f) take reasonable care for the safety and health of fellow workers;

(g) protect the interests of the employer; and

(h) take proper care of the property of the employer entrusted to the worker or under the immediate control of the worker.

12. Contract of employment

(1)  The employment of a worker by an employer for a period of six months or more or for a number of working days equivalent to six months or more within a year shall be secured by a written contract of employment.

(2)  A contract of employment shall express in clear terms the rights and obligations of the parties.

13. Written statement of particulars of contract of employment

Subject to the terms and conditions of a contract of employment between an employer and a worker, the  employer  shall  within  two  months  after  the commencement  of  the  employment  furnish  the  worker with a written statement of the particulars of the main terms of the contract of employment in the form set out in the First Schedule, signed by the employer and the worker.

14. Prohibition of restrictive conditions of employment

An  employer  shall  not  in  respect  of  a  person  seeking  employment,  or  of  persons  already  in  the employment

(a) require that person to form or join a trade union or to refrain from forming or joining a trade union;

(b) require  that  person  to  participate  or  refrain  from  participating  in  the  lawful  activities  of  a trade union;

(c) refuse to employ the person because of that person’s membership of a trade union;

(d) promise the person a benefit or an advantage for not participating in trade union activities; or

(e) discriminate  against  the  person  on  grounds  of  gender,  race,  colour,  ethnic  origin,  religion, creed, social or economic status, disability or politics.

15. Grounds for termination of employment

A contract of employment may be terminated,

(a) by mutual agreement between the employer and the worker;

(b) by the worker on grounds of ill-treatment or sexual harassment;

(c) by  the  employer  on  the  death  of  the  worker  before  the  expiration  of  the  period  of employment;

(d) by the employer if the worker is found on medical examination to be unfit for employment;

(e) by the employer because of the inability of the worker to carry out work due to

(i)    sickness or accident; or

(ii)    the incompetence of the worker; or

(iii)    the proven misconduct of the worker.

16. Types of contract of employment

Where by a contract of employment a worker is entitled to be paid,

(a) remuneration at a monthly rate, the contract is a contract from month to month;

(b) remuneration at a weekly rate, the contract is a contract from week to week; or

(c) remuneration  at  a  rate  other  than  a  monthly  or  weekly  rate,  the  contract  is  a  contract determinable at will.

17. Notice of termination of employment

(1)  A contract of employment may be terminated at anytime by either party giving to the other party,

(a) in the case of a contract of three years or more, one month’s notice or one month’s pay in lieu of notice;

(b) in the case of a contract of less than three years, two weeks’ notice or two weeks’ pay in lieu of notice; or

(c) in the case of contract from week to week, seven days’ notice.

(2)  A contract of employment determinable at will by either party may be terminated at the close of any day without notice.

(3)  A notice required to be given under this section shall be in writing.

(4)  The day on which the notice is given shall be included in the period of the notice.

18. Remuneration on termination of employment

(1)  When a contract of employment is terminated in the manner stated in section 15, the employer shall pay to the worker,

(a) the remuneration earned by the worker before the termination;

(b) the deferred pay due to the worker before the termination;

(c) the compensation due to the worker in respect of sickness or accident; and

(d) in the case of foreign contract, the expenses and necessities for the journey and repatriation expenses in respect of the worker and accompanying members of the family in addition to any or all of the payments specified in paragraphs (a), (b) and (c) of this subsection.

(2)  The  employer  shall  pay  to  the  worker  not  later  than  the  date  of  expiration  of  the  notice  the remuneration due to the worker at that date.

(3)  Where a notice is not required, the payment of the remuneration due shall be made not later than the next working day after the termination.

(4)  Despite  section  17  (1),  either  party  to  a  contract  of  employment  may  terminate  the  contract without  notice  if  that  party  pays  to  the  other  party  a  sum  equal  to  the  amount  of  remuneration  which would have accrued to the worker during the period of the notice.

19. Exception

The provisions of sections 15,  16,  17 and  18 are not applicable where in a collective agreement there are  express  provisions  with  respect  to  the  terms  and  conditions  for  termination  of  the  contract  of employment which are more beneficial to the worker.

20. Leave entitlement

(1)  In an undertaking every worker is entitled to not less than fifteen working days leave with full pay in a calendar year of continuous service.

(2)  The expression “full pay” means the worker’s normal remuneration, without overtime payment, including the cash equivalent of a remuneration in kind.

21. Continuous service

(1)  Continuity  of  service  shall  not  be  regarded  as  interrupted  by  mere  change  of  owner-ship  or management of the undertaking.

(2)  Where the work is not regularly maintained throughout the year, the requirement of continuous service shall be deemed to have been met if the worker has worked for not less than two hundred days in the particular year.

22. Interruption of work by public holidays, sickness of worker

Public  holidays  and  absence  from  duty  due  to  sickness  certified  by  a  medical  practitioner,  and pregnancy and confinement, shall not affect the annual leave entitlement of a worker.

23. Voluntary interruption of work

A period during which a worker is absent from normal duties with the permission of the employer on account of the worker’s participation in voluntary communal work, the discharge of civic duties or the granting of special leave with or without pay, shall not be counted as part of the worker’s annual leave.

24. Sick leave not part of annual leave

A period of absence from work allowed owing to sickness, which is certified by a medical practitioner, and which occurs after the commencement of and during annual leave shall not be computed as part of the leave.

25. Leave to be uninterrupted

(1)  A  worker  is  entitled  to  enjoy  an  unbroken  period  of  leave  but  an  employer,  in  cases  of  urgent necessity, may in accordance with this section, require a worker to interrupt leave and return to work.

(2)  Where a worker is required by the employer  to interrupt leave in the circumstances specified in subsection (1) the worker shall not forfeit the right to the remainder of the leave but shall take the leave anytime thereafter.

(3)  Where a worker takes annual leave at the end of a calendar year, the leave may continue except as provided in subsection (1) without interruption, into the following year.

26. Employer to bear cost of leave interruption

An employer who requires a worker to interrupt annual leave in the circumstances stated in section 25, shall  make  up  to  the  worker  the  reasonable  expense  incurred  on  account  of  the  interruption,  and  also resumption of the leave by the worker.

27. Record of employment, leave

(1)  A worker shall, as much as may be possible, be given notice of the date of commencement of the annual leave, at least thirty days before the worker takes the leave.

(2)   An employer shall to keep a record showing,

(a) the date of employment of each worker employed by the employer and the duration of the annual leave to which the worker is entitled,

(b) the dates on which the annual leave is taken by each worker, and

(c) the remuneration received by each worker in respect of the annual leave.

28. Worker may take leave in two equal parts

Without prejudice to the provisions of sections 20 to  32, a worker may be permitted to take annual leave in two approximate equal parts.

29. Leave entitlement to be restored to suspended worker on reinstatement

Where  a  worker,  suspended  from  the  service  of  the  employer  prior  to  disciplinary  or  criminal proceedings  being  taken  against  the  worker  is  reinstated,  the  worker  is  entitled  to  take  the  leave  the worker would have had if the worker had not been suspended.

30. Termination of employment not to affect leave entitlement earned

(1)  Where  the  employment  of  a  worker  is  terminated,  the  worker  is  entitled  to  annual  leave  in proportion to the period of service in the calendar year.

(2)  The worker shall not be deprived of any other grants or awards to which the worker is entitled including payment in lieu of notice of termination.

(3)  Subsections (1) and (2) do not apply to cases where the employer has the right to dismiss a worker without notice.

31. Agreement to forgo leave to be void

An agreement to relinquish the entitlement to annual leave or to forgo the leave is void.

32. Sub-part not applicable to family concerns

Sections 20 to 31 do not apply to a person employed in an undertaking in which only members of the family of the employer are employed.

33. Maximum hours of work

The hours of work of a worker shall be a maximum of eight hours a day or forty hours a week except in cases expressly provided for in this Act.

34. Different hours of work

The rules of an undertaking or its branch may prescribe hours of work different from eight hours a day on one or more days in the week, subject to the following:

(a) where shorter hours of work are fixed, the hours of work on the other days of the week may be proportionately longer than eight hours but shall not exceed nine hours a day or a total of forty hours a week;

(b) where longer hours of work are fixed the average number of hours of work reckoned over a period of four weeks or less shall not exceed eight hours a day or forty hours a week; or

(c) in the case of an undertaking the work of which is of a seasonal nature, where longer hours of work are fixed, the average number of hours of work over a period of one year shall not exceed  eight  hours  a  day  except  that  the  hours  of  work  which  may  be  fixed  under  this paragraph shall not exceed ten hours a day.

35. Paid overtime

(1)  Subject to subsections (2) and (3), where a worker in an undertaking works after the hours of work fixed by the rules of that undertaking, the additional hours done shall be regarded as overtime work.

(2)  A worker in an undertaking referred to in subsection (1) may not be required to do overtime work unless that undertaking has fixed rates of pay for overtime work.

(3)   A worker shall not be compelled to do overtime work except for undertakings or enterprises

(a) the very nature of which requires overtime in order to be viable; or

(b) which are subject to emergencies that require that workers engage in overtime work in order to prevent or avoid threat to life and property.

36. Shifts

Workers may be employed in shifts, but the average number of hours reckoned over a period of four weeks or less shall not exceed eight hours a day or forty hours a week if there is an established time-table for the shifts.

37. Manual labourers

(1)  The  Minister  may  prescribe  shorter  hours  of  work  for  workers  in  jobs  declared  to  be  manual labour and in jobs likely to be injurious to health.

(2)  Work for which shorter hours are prescribed under section (1) shall be deemed to be equivalent to work  done  on  the  basis  of  eight  hours  a  day  for  the  purposes  of  all  rights  which  may  flow  from  the employment.

38. Unpaid overtime

Despite  section  35,  a  worker  may  be  required  to  work  beyond  the  fixed  hours  of  work  without additional pay in certain exceptional circumstances including an accident threatening human lives or the very existence of the undertaking.

39. Commencement and closing of work

The time of commencement and closing of a worker’s hours of work in an undertaking shall be fixed by the rules of the undertaking concerned subject to the following:

(a)  in the case of operations underground, work commences when the worker enters the cage or lift to go down and ends when the worker leaves it at the surface; and

(b)  in  the  case  of  operations  underground,  where  the  workplace  is  reached  by  going  down  a gallery, the hours of work are reckoned from the time when the worker enters the gallery to the time when the worker leaves it at the surface.

40. Undertakings to which sections 40 to 44 apply

In an undertaking

(a) where the normal hours of work are continuous, a worker is entitled to at least thirty minutes break in the course of the work, but the break forms part of the normal hours of work; and

(b) where the normal hours of work are in two parts, the break should not be of less than one hour duration and does not form part of the normal hours of work.

41. Daily rest period

(1)  Without prejudice to section 40, a worker shall be granted a daily continuous rest of at least twelve hours duration between two consecutive working days.

(2)  The daily rest of the worker in an undertaking operating on a seasonal basis may be of less than ten hours but of not more than twelve hours duration over a period of at least sixty consecutive days in the calendar year.

42. Weekly rest period

A worker shall, in addition to the rest periods provided in sections 40 and 41, be given a rest period of forty-eight consecutive hours, in every seven days of normal working hours, and the rest period may, for preference, start from Saturday and end on the Sunday following and shall wherever possible, be granted to all of the workers of the undertaking.

43. Rest periods not to include public holidays

The rest periods specified in sections 40 to 42 do not include public holidays.

44. Exceptions

Sections 33 and 34 and sections 40 to 43 do not apply to task workers or domestic workers in private homes.

45. Registration of persons with disability

(1)  A person with disability may apply to the centre for registration.

(2)  The  centre  shall  on  registration  of  a  person  with  disability,  issue  that  person  a  certificate  of registration in a form determined by the Chief Labour Officer.

46. Special incentives

(1)  Special incentives shall be provided to an employer who employs persons with disability.

(2)  Special incentives shall be given to a person with disability engaged in a business or enterprise.

(3)  The special incentives shall be determined by the Minister.

47. Notification of employment of persons with disability

An employer who employs a person with disability shall notify the nearest centre of the employment and where the employer fails to do so, the Chief Labour Officer shall direct the employer to comply.

48. Particulars of contract of employment

A contract of employment with a person with disability shall include the particulars of the job or post, the  working  hours,  amount  of  remuneration,  transport  facilities,  and  the  special  privileges  which  that person shall be accorded by virtue of the employment.

49. Persons with disability in public service posts

Persons with disability who enter the public service shall be appointed on the same terms as persons without disability, irrespective of whether they are allowed to work fewer hours; and shall be classified in accordance  with  their  previous  period  of  qualifying  service  for  the  purposes  of  promotion  and  other public service awards.

50. Employment not to cease upon disablement

The  employment  of  a  person  who  suffers  disability  after  the  employment,  shall  not  cease  if  the residual capacity for work is such that that person  can be found employment in the same or some other corresponding job in the same undertaking, but if a corresponding job cannot be found, the employment may be terminated by notice.

51. Length of notice of termination

The length of notice of termination required to be given in the case of a person with disability shall not be shorter than one month.

52. Transfer of persons with disability

(1)  Subject to subsection (2), a person with disability in employment may be transferred to another job within the same undertaking if the other job can be  regarded in the light of all relevant circumstances as a corresponding job.

(2)  The  relevant  circumstances  mentioned  in  subsection (1)  in  relation  to  a  person  with  disability include

(a) the person’s qualifications;

(b) the person’s physical condition;

(c) the person’s place of residence; and

(d) whether the transfer may worsen the conditions in which the person entered the employment.

53. Training

Where it is necessary to train or retrain a person with disability to overcome an aspect of the disability in order to cope with an aspect of that person’s employment, the employer may provide or arrange at the employer’s expense the training or retraining for that person.

54. Sections 45 to 53 to be read as one with other relevant enactment

Sections 45 to 53 shall be read as one with an enactment on the employment of persons with disability and where there is a conflict, the provisions of those sections shall prevail.

55. Night work or overtime by pregnant women

(1) Unless with her consent, an employer shall not

(a) assign  or  employ  a  pregnant  woman  worker  to  do  a  night  work  between  the  hours  of  ten o’clock in the evening and seven o’clock in the morning;

(b) engage  for  overtime  a  pregnant  woman  worker  or  a  mother  of  a  child  of  less  than  eight months old.

(2)  The  pregnant  woman  worker  or  the  mother  may  present  a  written  complaint  to  the  National Labour Commission established under section 135 against an employer who contravenes subsection (1).

(3)  The Commission shall investigate the complaint and its decision on the matter shall, subject to any other law, be final.

56. Prohibition of assignment of pregnant women

(1)  An employer shall not assign, whether permanently or temporarily, a pregnant woman worker to a post  outside  her  place  of  residence  after  the  completion  of  the  fourth  month  of  pregnancy  if  the assignment, in the opinion of a medical practitioner or midwife, is detrimental to her health.

(2)  The pregnant woman worker  may  present  a  written  complaint to the Commission against the employer who contravenes subsection (1).

(3)  The Commission shall investigate the complaint and its decision on the matter shall, subject to any other law, be final.

57. Maternity, annual and sick leave

(1)  A  woman  worker,  on  production  of  a  medical  certificate  issued  by  a  medical  practitioner  or  a midwife indicating the expected date of her confinement, is entitled to a period of maternity leave of at least twelve weeks in addition to the period of annual leave she is entitled after her period of confinement.

(2)  A woman worker on maternity leave is entitled to be paid her full remuneration and other benefits to which she is otherwise entitled.

(3)  The  period  of  maternity  leave  may  be  extended  for  at  least  two  additional  weeks  where  the confinement is abnormal or where in the course of the same confinement two or more babies are born.

(4)  Where  an  illness,  medically  certified  by  a  medical  practitioner,  is  due  to  her  pregnancy,  the woman worker is entitled to additional leave as certified by the medical practitioner.

(5)  Where  an  illness,  medically  certified  by  a  medical  practitioner,  is  due  to  her  confinement  the woman  worker  is  entitled  to  an  extension  of  the  leave  after  confinement  as  certified  by  the  medical practitioner.

(6)  A nursing mother is entitled to interrupt her work for an hour during her working hours to nurse her baby.

(7)  Interruptions of work by a nursing mother for the purpose of nursing her baby shall be treated as working hours and paid for accordingly.

(8)  An employer shall not dismiss a woman worker because of her absence from work on maternity leave.

(9)  For the purposes of sections 55, 56 and this section,

(a) “night  work”  in  relation  to  women,  means  work  at  any  time  within  a  period  of  eleven consecutive hours that includes the seven consecutive hours occurring between ten o’clock in the evening and seven o’ clock in the morning but in industrial undertakings which are influenced by the seasons, the work may be reduced to ten hours in sixty days of the year;

(b) “nursing mother” means a woman with a child suckling at her breast for a period of no more than one year.

58. Prohibition of employment of young persons in hazardous work

(1)  A young person shall not be engaged in a type of employment or work likely to expose that person to physical or moral hazard.

(2)  The Minister may, by legislative instrument, determine the type of employment that is likely to expose a young person to physical or moral hazard.

(3)  An employer shall not employ a young person in an underground mine work.

(4)  A  person  who  contravenes  subsection  (1)  or  (3)  commits  an  offence  and  is  liable  on  summary conviction to a fine not exceeding one hundred penalty units.

59. Health of young persons

(1)  An  employer  shall  not  employ  a  young  person  on  a  work  unless  a  medical  practitioner  has certified that the young person is in good health and is medically fit for the work.

(2)  Where a person fails to comply with subsection (1) that person shall be ordered by the Minister to have the medical examination conducted.

60. Registration of young persons

(1)  An employer in an industrial undertaking shall keep a register of young persons employed in that undertaking and their dates of birth or their apparent ages.

(2)  The Chief Labour Officer shall direct an employer who fails to comply with subsection (1) to do so within a specified time, and the employer shall comply with the direction.

61. Interpretation

For the purposes of sections 58 to 60, “industrial undertakings” includes

(a) mines, quarries and other works for the extraction of minerals from the earth;

(b) undertakings  in  which  articles  are  manufactured,  altered,  cleaned,  repaired,  ornamented, finished, adapted for sale, broken up or demolished, or in which materials are transformed, including  undertakings  engaged  in  shipbuilding  or  in  the  generation, transformation  or transmission of electricity or motive power of any kind;

(c) undertakings engaged in building and civil engineering work, including construction, repair, maintenance, alteration and demolition work.

62. Fair termination

A  termination  of  a  worker’s  employment  is  fair  if  the  contract  of  employment  is  terminated  by the employer on any of the following grounds:

(a) that the worker is incompetent or lacks the qualification in relation to the work for which the worker is employed;

(b) the proven misconduct of the worker;

(c) redundancy under section 65;

(d) due to legal restrictions imposed on the worker prohibiting the worker from performing the work for which the worker is employed.

63. Unfair termination of employment

(1)  The employment of a worker shall not be unfairly terminated by the worker’s employer.

(2)  A worker’s employment is terminated unfairly if the only reason for the termination is

(a) that the worker has joined, intends to join or has ceased to be a member of a trade union or intends to take part in the activities of a trade union;

(b) that  the  worker  seeks  office  as,  or  is  acting  or  has  acted  in  the  capacity  of,  a  workers’ representative;

(c) that  the  worker  has  filed  a  complaint  or  participated  in  proceedings  against  the  employer involving alleged violation of this Act or any other enactment;

(d) the  worker’s  gender,  race,  colour,  ethnicity,  origin,  religion,  creed,  social,  political  or economic status;

(e) in the case of a woman worker, due to the pregnancy of the worker or the absence of the worker from work during maternity leave;

(f) in the case of a worker with a disability, due to the worker’s disability;

(g) that  the  worker  is  temporarily  ill  or  injured  and  this  is  certified  by  a  recognised  medical practitioner;

(h) that the worker does not possess the current level of qualification required in relation to the work for which the worker was employed which is different from the level of qualification required at the commencement of the employment; or

(i) that the worker refused or indicated an intention to refuse to do a work normally done by a worker  who  at  the  time  was  taking  part  in  a  lawful  strike  unless  the  work  is  necessary  to prevent  actual  danger  to  life,  personal  safety  or  health  or  the  maintenance  of  plant  and equipment.

(3)  Without limiting the provisions of subsection (2), a worker’s employment is deemed to be unfairly terminated if with or without notice to the employer, the worker terminates the contract of employment

(a) because of ill-treatment of the worker by the employer, having regard to the circumstances of the case, or

(b) because the employer has failed to take action  on repeated complaints of sexual harassment of the worker at the workplace.

(4)  A termination may be unfair if the employer fails to prove that,

(a) the reason for the termination is fair, or

(b) the termination was made in accordance with a fair procedure or this Act.

64. Remedies for unfair termination

(1)  A  worker  who  claims  that  the  employment  of  the  worker  has  been  unfairly  terminated  by  the worker’s employer may present a complaint to the Commission.

(2)  If on investigation of the complaint the Commission finds that the termination of the employment is unfair, it may

(a) order the employer to re-instate the worker from the date of the termination of employment;

(b) order the employer to re-employ the worker, in the work for which the worker was employed before  the  termination  or  in  any  other  reasonably  suitable  work  on  the  same  terms  and conditions enjoyed by the worker before the termination; or

(c) order the employer to pay compensation to the worker.

65. Redundancy

(1)  When  an  employer  contemplates  the  introduction  of  major  changes  in  production,  programme, organisation,   structure   or   technology   of   an   undertaking   that   are   likely   to   entail   terminations   of employment of workers in the undertaking, the employer shall

(a)  provide in writing to the Chief Labour Officer  and the trade union concerned, not later than three  months  before  the  contemplated  changes,  the  relevant  information  including  the reasons for the termination, the number and categories of workers likely  to be affected and the period within which the termination is to be carried out; and

(b)   consult  the  trade  union  concerned  on  measures  to  be  taken  to  avert  or  minimise  the termination  as  well  as  measures  to  mitigate  the  adverse  effects  of  the  terminations  on  the workers concerned, such as finding alternative employment.

(2)  Without  prejudice  to  subsection  (1),  where  an  undertaking  is  closed  down  or  undergoes  an arrangement or amalgamation and the close down, arrangement or amalgamation causes

(a)  severance of the legal relationship of worker and employer as it existed immediately sbefore he close down, arrangement or amalgamation, and

(b)  as a result of and in addition to the severance that worker becomes unemployed or suffers a diminution in the terms and conditions of employment, the worker is entitled to be paid by the undertaking at which that worker was immediately employed prior to the close down, arrangement or amalgamation, compensation, in this section referred to as “redundancy pay”.

(3)  In  determining  whether  a  worker  has  suffered  a  diminution  in  the  terms  and  conditions  of employment,  account  shall  be  taken  of  the  past  services  and  accumulated  benefits,  of  the  worker  in respect of the employment with the undertaking before the changes were carried out.

(4)  The amount of redundancy pay and the terms and conditions of payment are matters which are subject to negotiation between the employer or a representative of the employer on the one hand and the worker or the trade union concerned on the other.

(5)  A  dispute  that  concerns  the  redundancy  pay  and  the  terms  and  conditions  of  payment  may be referred to the Commission by the aggrieved party  for settlement, and the decision of the Commission shall, subject to any other law, be final.

66. Exceptions

The provisions of this Part do not apply to the following categories of workers:

(a) workers engaged under a contract of employment for a specified period of time or specified work;

(b) workers  serving  a  period  of  probation  or  qualifying  period  of  employment  of  reasonable duration determined in advance; and

(c) workers engaged on a casual basis.

67. Payment of remuneration

Subject to this Part, every contract of employment shall stipulate that the whole of the salary, wages and  allowances  of  the  worker  shall  be  made  payable  in  legal  tender  in  addition  to  any  non-cash remuneration and accordingly, a contract of employment that contains provisions to the contrary is void.

68. Equal pay for equal work

Every worker shall receive equal pay for equal work without distinction of any kind.

69. Prohibited deductions

(1)  An employer shall not make any deduction by way of discount, interest or any similar charge on account of an advance of remuneration made to a worker in anticipation of the regular period of payment of remuneration.

(2)  An employer shall not

(a) impose a pecuniary penalty upon a worker for any cause whatsoever; or

(b) deduct from remuneration due to a worker, any amount whatsoever, unless the deduction is permitted  by  section  70  or  by  any  other  law  or  is  by  way  of  repayment  of  an  advance  of remuneration lawfully made by the employer to the worker.

70. Permitted deductions

(1)  An employer may, with the consent of the worker, make any of the following deductions from the remuneration of the worker:

(a) any  amount  due  from  the  worker  in  respect  of  contributions  to  any  provident,  pension,  or other fund or scheme agreed to by the worker;

(b) any financial facility advanced by the employer to the worker at the written request of the worker or any facility guaranteed by the employer to the worker;

(c) any  amount  paid  to  the  worker  in  error,  as  remuneration,  in  excess  of  what  the  worker  is legitimately entitled to, from the employer;

(d) on the written authority of the worker, any amount due from the worker as membership fee or contribution to an organisation of which the worker is a member;

(e)   for meeting any loss suffered by the employer  as a result of the loss of, or damage to, any property  or  thing  used  in  connection  with,  or  produced  by,  the  employer’s  business  and which is under the control of the worker;

(f )   any deduction in compliance with an order made by the Commission.

(2)  No deduction shall be made under subsection (1) (f) unless the employer is satisfied,

(a) that the loss or damage has been caused by the worker and the worker is clearly shown to be responsible;

(b) that  the  amount  to  be  deducted  is  fair  and  does  not  exceed  the  actual value of the loss or damage suffered by the employer or that the amount represents a fair estimate of the loss or damage suffered;

(c) that  the  worker  has  been  given  reasonable  opportunity  to  show  cause  why  the    deductions should not be made; and

(d) that  the  rate  of  the  deductions  is  such  as  to  avoid  hardship  to  the  worker  and  his  or  her dependants.

(3)  Where  a  worker,  who  is  aggrieved  by  any  deduction  made  by  his  or  her  employer  under subsection (1), is unable to resolve the matter with the employer, the worker may present a complaint in writing to the Commission.

(4)  The Commission shall investigate the complaint and its decision on the matter shall, subject to any other law be final.

71. Employer not to compel workers to use its store

Where an employer establishes a store for the sale of commodities to the workers or operates a service for them, the employer shall not coerce the workers to make use of the store or service.

72. Paid public holidays

A worker is entitled to be paid the worker’s remuneration for public holidays.

73. Right to employ and application of this Part

(1)  Subject  to  this  Act,  an  employer  may  hire  a  worker  on  terms  that  suit  the  operations  of  the enterprise.

(2)  Despite subsection (1), sections 74 to 78 do not apply to,

(a) piece workers;

(b) part-time workers;

(c) sharecroppers;

(d) apprentices;

(e) sea-going personnel in the fishing industry who are wage earners; and

(f ) any person who works less than an average of twenty-four hours a week.

74. Casual worker

(1)  A contract of employment of a casual worker need not be in writing.

(2)  A casual worker shall

(a) be given equal pay for work of equal value for each day worked in that organisation;

(b) have access to the necessary medical facility made available to the workers generally                      by the employer;

(c) be entitled to be paid for overtime work by the employer in accordance with section 35; and

(d) be paid full minimum remuneration for each day on which the worker attends work, whether or  not  the  weather  prevents  the  worker  from  carrying  on  the  worker’s  normal  work  and whether it is possible or not to arrange alternative work for the worker on such a day.

75. Temporary worker

(1)  A temporary worker who is employed by the same employer for a continuous period of six months and more shall be treated as a permanent worker.

(2)  Without prejudice to the terms and conditions of employment mutually agreed to by the parties, the provisions of this Act in respect of minimum wage, hours of work, rest period, paid public holidays, night work and sick leave are applicable to a contract of employment with a temporary worker.

76. Remuneration of temporary and casual workers

(1)  Subject to this section, the minimum remuneration of a temporary worker or a casual worker shall be determined as follows:

(a) where  a  temporary  worker  or  a  casual  worker  is  required  to  work  on  weekdays  only,  the minimum  monthly  remuneration  is  the  amount  represented  by  the  worker’s  daily  wage multiplied by twenty-seven;

(b) where a temporary worker or a casual worker is required to work every day in the week, the minimum monthly remuneration is the amount  represented by three hundred and sixty-five times his daily wage divided by twelve.

(2)  A  temporary  worker  or  a  casual  worker  referred  to  in  subsection  (1)  (a)  is  not  entitled  to  one twenty-seventh  of  the  minimum  monthly  remuneration  as  specified  in  that  paragraph  for  each  day  the worker is absent from work during the month.

(3)  A  temporary  worker  or  a  casual  worker  referred  to  in  subsection  (1)  (b)  is  not  entitled  to  a twenty-eighth, twenty-ninth, thirtieth or thirty-first part of the minimum remuneration as specified in that paragraph  for  each  day  the  worker  is  absent  from  work  during  the  month,  depending  on  whether  the month consists of twenty-eight, twenty-nine, thirty or thirty-one days.

(4)  An employer shall pay a temporary worker or a casual worker the full minimum remuneration for each  day  on  which  the  worker  attends  work,  whether  or  not  wet  weather  prevents  the  worker  from carrying on with normal work and whether it is possible or not to arrange alternative work for the worker on that day.

(5)  A temporary worker or a casual worker is entitled to be paid for overtime work by the employer in accordance with section 35.

77. Payment of remuneration for public holidays

(1)  An employer shall pay each temporary or casual worker in respect of every public holiday the full remuneration which would have been payable to the temporary or casual worker for a full day’s work if that day had not been a public holiday.

(2)  Where a temporary or casual worker attends and performs work of a full day or more on a public holiday, the employer shall pay the worker in addition, the remuneration which would have been payable to the temporary or casual worker for the work if that day had not been a public holiday.

(3)  Where a temporary or casual worker attends and performs work for part only of a public holiday, the  employer  shall  pay  the  worker  in  addition  to  the  remuneration  provided  under  subsection  (1),  the proportion of the remuneration for a full day’s work on that day if that day had not been a public holiday, represented by the number of hours for which the temporary or casual worker has performed work.

(4)  A payment required to be made under subsection (1), (2) or (3) in respect of a public holiday shall be made after the public holiday in the same manner as the worker is normally paid.

(5)  When an employer fails to comply with subsection (1), (2), (3) or (4), the temporary worker or the casual worker aggrieved by the non-compliance of the employer may present a written complaint to the Commission for determination and the parties shall abide by the decision of the Commission.

(6)  The  Commission  may  order  the  employer  to  pay  the  sum  of  money  that  appears  to  the Commission  to  be  due  to  the  temporary  worker  or  the  casual  worker  on  account  of  the  remuneration payable  under  this  section,  and  may  in  that  order  specify  the  time  within  which  the  payment  shall  be made.

78. Interpretation

For the purposes of sections 73 to 77 “temporary worker” means a worker who is employed for a continuous period of not less than one month and is not a permanent worker or employed for a work that is seasonal in character; “casual worker” means a worker engaged on a work which is seasonal or intermittent and not for a continuous period of more than six months and whose remuneration is calculated on a daily basis.

79. Freedom of association

(1)  A worker has the right to form or join a trade union of the worker’s choice for the promotion and protection of the worker’s economic and social interests.

(2)  Despite subsection (1), a worker whose function is normally considered as

(a) policy making,

(b) decision making,

(c) managerial,

(d) holding a position of trust,

(e) performing duties that are of highly confidential nature, or

(f ) an agent of a shareholder of an undertaking, may not form or join trade unions.

(3)  Subject to subsection (4), the classes of workers referred to in subsection (2) shall be determined by agreement between the employer and the workers or trade unions.

(4)  In determining whether a worker falls within the class of workers referred to in subsection (2), the parties  shall  consider  the  organisational  structure  and  job  descriptions  or  functions  of  the  worker concerned.

80. Formation of trade union or employers’ organisation

(1)  Two or more workers employed in the same undertaking may form a trade union.

(2)  Two or more employers in the same industry or trade, each of whom employs not less than fifteen workers may form or join an employers’ organisation.

81. Organisational rights

A trade union or employers’ organisation has the right to

(a) draw up its constitution and rules, elect its officers and representatives;

(b) organise its administration and activities and formulate its own programmes;

(c) take  part  in  the  formulation,  and  become  a  member  of  a  federation  of  trade  unions  or employers’ organisations and participate in its lawful activities; and

(d) affiliate  to  and  participate  in  the  activities  of,  or  join  international  workers  or  employers’ organisations.

82. Independence of trade unions and employers’ organisations

A  trade  union  or  an  employers’  organisation  is  not  subject  to  the  control  of  or  be  financially  or materially aided by a political party.

83. Application for registration

(1)  A trade union or employers’ organisation shall apply in writing to the Chief Labour Officer to be registered.

(2)  An application for registration under subsection (1) shall be submitted with the constitution, rules, names of officers and office address of the trade union or employers’ organisation.

(3)  If, after considering the application, the Chief Labour Officer is satisfied that

(a) there has been compliance with subsection (2);

(b) the  applicant  is  a  trade  union  or  employers’  organisation  duly  established  under  any  enactment for the time being in force as a body corporate;

(c) the   internal   organisation   of   the   trade   union   or   employers’   organisation   conforms  to democratic principles;

(d) the  name  of  the  trade  union  or  employers’  organisation  does  not  closely  resemble  that  of  another  registered  trade  union  or  employers’  organisation,  so  as  to  mislead or confuse the public;

(e) the rules of the trade union or employers’ organisation are in conformity with section 85; and

(f ) the constitution or rules of the trade union or employers’ organisation do not discriminate on the grounds stated in section 87 against any person, the Chief Labour Officer shall register the trade union or employers’ organisation.

84. Certificate of registration

A  trade  union  or  an  employers’  organisation  registered  under  section  81  shall  be  issued  with  a certificate of registration by the Chief Labour Officer.

85. Rules of trade unions and employers’ organisations

The  rules  of  a  trade  union  or  an  employers’  organisation  shall  include  provisions  in  respect  of  the following matters:

(a) the name of the trade union or organisation;

(b) the registered office to which correspondence and notices may be addressed;

(c) the principal objects of the trade union or employers’ organisation;

(d) the qualifications for membership;

(e) the grounds on which an officer or a member may be suspended or dismissed from office or membership;

(f) the procedure for suspension or dismissal of an officer or a member;

(g) the membership fees and other subscriptions payable;

(h) the manner of dissolution of the trade union or employers’ organisation and disposal of its assets;

(i) the manner of altering, amending or revoking its constitution or rules; and

(j) the powers, functions and duties of officers of the trade union or employers’ organisation.

86. Register of trade unions and employers’ organisations

The  Chief  Labour  Officer  shall  keep  and  maintain  a  register  of  trade  unions  and  employers’ organisations, in which shall be entered the prescribed particulars relating to them and the alterations or changes affecting them.

87. Protection against discrimination

(1)  A trade union or employers’ organisation shall not discriminate in its constitution or rules against a person on grounds of race, place of origin, political opinion, colour, religion, creed, gender or disability.

(2)  The  Chief  Labour  Officer  shall  not  register  a  trade  union  or  employers’  organisation  which contravenes  subsection (1), unless the trade union or employers’ organisation takes steps to rectify the defect in its constitution or rules within a period specified by the Chief Labour Officer.

88. Effect of registration

The rights and powers conferred on trade unions or employers’ organisations under this Act shall be exercised only if the trade unions or employers’ organisations are registered in accordance with this Act.

89. Change of name

(1)  A  trade  union  or  an  employers’  organisation  may  change  its  name  in  accordance  with  the requirements of its constitution or rules.

(2)  A  change  of  name  shall  not  affect  the  rights  or  obligations  of  the  trade  union  or  employers’ organisation or its members otherwise the change is not valid.

90. Amalgamation

Any two or more trade unions or employers’ organisations may in accordance with the requirements of their constitutions or rules, amalgamate to form one trade union or employers’ organisation.

91. Registration of change of name and amalgamation

(1)  A  written  notice  concerning  a  change  of  name  or  amalgamation  duly  signed  by  officers  of  the trade union or employers’ organisation or the amalgamated trade union or employers’ organisation shall be  registered  with  the  Chief  Labour  Officer  within  fourteen  days  after  the  change  of  name  or amalgamation.

(2)  The  Chief  Labour  Officer  shall  direct  the  officer  of  a  trade  union  or  employers’  organisation which fails to comply with subsection (1) to do so within a period specified by the Chief Labour Officer, and the officer shall comply with the direction, failing which the change is not valid.

92. Alteration of rules

(1)  An alteration of the rules of a trade union or an employers’ organisation shall be registered with the Chief Labour Officer by the trade union or the employers’ organisation.

(2)  The  Chief  Labour  Officer  shall  direct  the  officer  of  the  trade  union  or  employers’  organisation which fails to comply with subsection (1) to do so within a period specified by the Chief Labour Officer, and the officer shall comply with the direction.

93. Federation

A federation of trade unions or a federation of employers’ organisations is subject to the provisions of this Act applicable to trade unions or employers’ organisations.

94. Accounts and audit

(1)  A trade union or an employers’ organisation registered under this Act shall

(a) keep books and records of accounts of its income, expenditure, assets and liabilities, and

(b) prepare annual financial statements consisting  of the income and expenditure statements in respect of each financial year of the trade  union or employers’ organisation and a balance sheet showing its assets, liabilities and financial position at the end of that financial year.

(2)  The  books  and  records  of  accounts  and  financial  statements  shall  be  audited  within  six  months after the end of its financial year by an auditor appointed by the trade union or employers’ organisation.

95. Audited financial statements

A trade union or an employers’ organisation shall, within seven months after the end of its financial year, submit to the Chief Labour Officer a copy of its audited financial statement.

96. Collective agreement

Subject  to  this  Act,  a  collective  agreement  relating  to  the  terms  and  conditions  of  employment  of workers, may be concluded between one or more trade unions on one hand and representatives of one or more employers or employers’ organisations on the other hand.

97. Duty to negotiate in good faith

(1)  The  parties  to  the  negotiation  of  a  collective  agreement  shall  negotiate  in  good  faith  and  make every reasonable effort to reach an agreement.

(2)  For the purpose of subsection (1), either party to the negotiation shall make available to the other party information relevant to the subject matter of the negotiation.

(3)  When an information disclosed for the purpose of the negotiation of a collective agreement is not made public, the information shall be treated as confidential by the party receiving the information and shall  not  be  disclosed  to  a  third  party  without  the  prior  written  consent  of  the  party  providing  the information.

(4)  The  parties  to  the  negotiation  of  a  collective  agreement  shall  not  make  false  or  fraudulent misrepresentations with regards to matters relevant to the negotiations.

98. Contents of collective agreement

Without prejudice to the other provisions of this Act and subject to the agreement between the parties, a collective agreement may include provisions on the following matters:

(a) the class or category of workers to which it relates;

(b) the conditions of work, including the hours of work, rest period, meal breaks, annual leave, occupational health and safety measures;

(c) the remuneration and the method of calculating the remuneration of the workers;

(d) the period of probation and conditions of probation;

(e) the period of notice of termination of employment, transfer and discipline;

(f) the procedures for the avoidance and settlement of disputes arising out of the interpretation, application and administration of the agreement;

(g) the principles for matching remuneration with productivity; and

(h) the essential services within the establishment.

99. Collective bargaining certificate

(1)  A trade union shall make an application to the Chief Labour Officer for a certificate appointing that trade union as the appropriate representative to conduct negotiations on behalf of the class of workers specified in the collective bargaining certificate with the employers of the workers.

(2)  An application made under subsection (1) shall include

(a) the description of the class of workers in respect of whom the application is made and their estimated number, and

(b) the  number  of  workers  of  that  class  who  are  members  of  the  trade  union  by whom  the application is made.

(3)  The class of workers may be specified in a certificate issued under this section by reference to the employer of the workers or to the occupation of the workers or in any other manner sufficient to identify them.

(4)  The Chief Labour Officer shall, subject to the Regulations made by the Minister, determine which union shall hold a collective bargaining certificate for  the class of workers in a situation where there is more than one trade union at the workplace.

(5)  A  collective  bargaining  certificate  will  be  issued  to  a  union  for  the  same  class  of  workers  at  a particular time.

(6)  A certificate issued under this section shall have effect although some of the workers of the class specified are not members of the trade union appointed under the certificate.

(7)  A  certificate  issued  under  this  section  shall  be  published  in  the  Gazette  by  the  Chief  Labour Officer.

(8)  At any time after the issue of a certificate under this section, the Chief Labour Officer may

(a) at the request of either the trade union or employer’s organisation, and

(b) after consultation with the trade union or employers’ organisation, withdraw the certificate without affecting the right of the trade union to apply for a fresh certificate under this section.

(9)  A trade union which is dissatisfied or aggrieved with a decision of the Chief Labour Officer under sections 79 to 95 or sections 96 to 111 may apply to the National Labour Commission for redress.

100. Variation of certificate

(1)  At any time after the issue of a certificate under section 99 the Chief Labour Officer may, after consultation with the trade union named in the certificate and the appropriate employers’ organisation, issue an amending certificate varying the class of workers specified in the  certificate and a reference in this Act to a certificate issued under  section 99 shall be deemed to include that certificate as amended under this section.

(2)  The issuance of an amending certificate shall not affect the membership of a standing negotiating committee  or  a joint standing negotiating committee appointed under  section 101, but the employer or workers  of  the  class  specified  in  the  certificate  as  varied  by  the  amending  certificate,  may  nominate representatives to act either in the place of or together with their existing representatives.

(3)  When  an  amending  certificate  is  issued,  the  Chief  Labour  Officer  shall  publish  a  copy  of  the amending certificate in the Gazette.

(4)  When  an  amending  certificate  is  issued  extending  the  class  of  workers  specified  in  the  original certificate, and there is in force a collective agreement which applies to the workers of the class specified in the original certificate, the trade union named in the certificate shall take the steps that appear to it to be appropriate for bringing that agreement to the attention of the workers to whom the agreement is extended by the amending certificate.

(5)  When an amending certificate is issued excluding any persons from the class of workers specified in the original certificate, and there is in force a collective agreement which applied to those persons, the amending certificate shall not affect that application of the agreement to them, or a right to vary it, but a collective agreement made after the issue of the amending certificate by another trade union shall have effect despite anything in the previous agreement.

101. Negotiating committees

(1)  The trade union appointed in a certificate issued under section 99 and the employer of the workers of the class to which the certificate relates shall each nominate their representatives authorised to conduct negotiations on their behalf, and the representatives shall constitute a standing negotiating committee to negotiate on matters referred to it.

(2)  A  standing  negotiating  committee  referred  to  in  subsection  (1)  shall  make  rules  governing  its procedure.

(3)  A standing negotiating committee or joint standing negotiating committee set up under this section shall have the power to appoint sub-committees to which it may delegate any of its functions under this Act.

102. Negotiations by negotiating committee or joint negotiating committee

(1)  Negotiations on the matters connected with the employment or non-employment or with the terms of employment or with the conditions of employment of any of the workers of the class specified in a certificate issued under section 99, shall be conducted through the standing negotiating committee or the joint standing negotiating committee.

(2)  Either party represented  on  the  committee  may  give notice to the other party requiring them to enter into negotiations on the matters which may properly be dealt with by the committee.

(3)  An agreement concluded between the parties shall be in writing and signed by a duly authorised member of the committee representing each party and two copies of the agreement shall be deposited with the Commission and the Chief Labour Officer.

103. Negotiations may be conducted by a union officer or member

(1)  Without prejudice to section 101, an officer or a member of a trade union who is duly appointed by   the   trade   union,   may   conduct   negotiations   on   a   matter   connected   with   the   employment   or non-employment or terms of employment or conditions of employment of a worker who belongs to the class of workers specified in the certificate.

(2)  A person conducting negotiations under this section may give notice to the parties requiring them to enter into negotiations on the matters which may be properly dealt with by that person and both parties shall make every reasonable effort to come to an agreement on the matters to which the notice relates.

(3)  An  agreement  concluded  between  the  parties  shall  be  in  writing  and  signed  by  the  person conducting the negotiations.

(4)  Rules  made  under  subsection  (2)  of  section  101  may  be  applicable  to  negotiations  conducted under this section and to any other matters relating to the negotiations.

104. Failure to negotiate

If the party on whom a notice is served under subsection (2) of section 102 or subsection (2) of section 103, does not within fourteen days after service of the notice take any steps to enter into negotiations, the Commission shall direct the party to enter into negotiations immediately, and the party shall comply with the directive.

105. Effect of collective agreement

(1)  An  agreement  concluded  by  a  trade  union  through  a  standing  negotiating  committee  or  a  joint standing negotiating committee shall, so far as the terms of the agreement permit, apply to the workers of the class specified in the certificate.

(2)  The provisions of a collective agreement, concerning the terms of employment and termination of employment, and personal obligations imposed on, and rights granted to, a worker or employer, shall be regarded as terms of a contract of employment between each worker to whom the provisions apply and the employer.

(3)  The provisions that have effect as terms of a contract of employment under  subsection (2), shall continue  to  have  effect  after  the  expiration  of  the  collective  agreement,  so  long  as  they  have  not  been varied by agreement of the parties or in pursuance of this Act.

(4)  The rights conferred on a worker by a collective agreement shall not be waived by the worker and, if there is a conflict between the terms of a collective agreement and the terms of a contract not contained in  the  collective  agreement,  the  collective  agreement  shall  prevail  unless  the  terms  of  the  contract  are more favourable to the worker; and it is immaterial whether or not the contract was concluded before the collective agreement.

(5)  The withdrawal of a certificate appointing a trade union under subsection (8) of  section 99 shall not  affect  the  validity  of  a  collective  agreement  made  by  the  trade  union  before  the  certificate  was withdrawn, but a collective agreement which is made by another trade union after the withdrawal of the certificate shall have effect despite anything in the previous agreement.

106. Notice of collective agreement to workers

The parties to the negotiations shall bring the terms of the concluded collective agreement to the notice of the workers concerned.

107. Duration of collective agreements

(1)  A collective agreement concluded under section 103 shall be for a term of at least one year.

(2)  A party to a collective agreement shall not give notice under section 102 requiring the other party to  negotiate  with  respect  to  a  matter  governed  by  a  collective  agreement  unless,  at  the  time  when  the notice  is  served,  that  agreement  is  due,  either  as  a  result  of  the  notice  given  under  this  section  or otherwise, to expire within twenty-eight days after the service of the notice.

(3)  Where  a  notice  is  not  given  under  subsection  (2)  by  either  party  within  thirty  days  after  the expiration  of  the  collective  agreement,  the  collective  agreement  shall  be  deemed  to  have  continued  in force until rescinded by the parties.

108. Provision for dispute settlement

A collective agreement shall contain a provision for final and conclusive settlement under sections 135 to 167 of the differences between the persons to whom the agreement applies.

109. Power to extend collective agreements

(1)  Where it appears to the Chief Labour Officer that

(a) all or any of the terms of a collective agreement are suitable for application to a class of workers who are engaged in the same kind of  work, or who work in the same area, as the workers to whom the collective agreement applies, and

(b) that the parties who concluded the agreement were sufficiently representative of the workers to whom the agreement is to apply and their employers, the Chief Labour Officer may direct that those terms of the collective agreement shall apply in relation to that class of workers and their employers as they apply in relation to workers of the class specified in the certificate and their employers.

(2)  The  Chief  Labour  Officer  shall  not  issue  a  directive  under  subsection  (1)  unless,  three  months before  issuing  the  directive,  the  Chief  Labour  officer  has,  after  consultation  with  the  appropriate employers’ organisations and the trade unions concerned, published in the Gazette, a notice

(a) describing the class of workers to whom it is proposed to apply the agreement, setting out the text of the collective agreement, and

(b) giving particulars of the manner in which  and  the time within which objections to the proposal may be submitted to the Chief Labour Officer.

(3)  The  Chief  Labour  Officer  shall  take  appropriate  steps  to  bring the contents of the notice to the attention of employers and workers affected by the proposals.

(4)  The Chief Labour Officer shall not issue a directive under subsection (1) applying the terms of an agreement to workers who were not in the class described in the notice given under subsection (2).

(5)  Where  a  collective  agreement,  the  terms  of  which  are  applied  by  a  directive  issued  under subsection (1) ceases to have effect, the directive shall cease to have effect on the same date.

110. Effect of extension of collective agreements

(1)  A directive issued under section 109 that extends the provisions of a collective agreement on terms of employment and termination of employment, and personal obligations imposed on, and rights granted to a worker, shall be regarded as terms of a contract of employment between each worker to whom those provisions apply and his or her employer.

(2)  The terms of a contract of employment under subsection (1) shall continue to have effect after the directive ceases to have effect so long as those provisions have not been varied by agreement between the parties or in pursuance of this Act.

(3)  The rights conferred on a worker by a directive issued under section 109 shall not be waived by the  worker  and,  if  there  is  a  conflict  between  the  term  extended  by  the  directive  and  the  terms  of  a contract, the directive shall prevail, unless the terms of the contract are more favourable to the worker.

111. Union dues

(1)  A  trade  union  to  which  this  section  applies  may  issue  to  the  employer  of  the  workers  who are members of that trade union, a notice in the form set out in the Second Schedule requesting the employer

(a) to deduct from the wages of the workers covered by a certificate issued under section 99, the sums specified by the trade union, and

(b) to pay over the sums deducted as may be directed by the trade union, and, subject to this section, the employer shall comply with the notice.

(2)  A  trade  union  to  which  this  section  applies  may,  on  issuing  a  notice  in  the  form  set  out  in  the Second  Schedule  or  subsequently,  issue  a  further  notice  requesting  the  employer,  out  of  the  amounts which the employer is to pay over to the trade union, to remit a proportion stated in the notice directly to a specified branch of the trade union.

(3)  A sum deducted in accordance with a notice given under this section shall be in discharge of the liability of the respective member of the trade union to pay dues to that trade union.

(4)  A sum which an employer has in accordance with a notice under this section deducted from the wages of a worker to the trade union shall be paid over not more than one month after the date on which the wages are paid, and the trade union may sue in its own name for any sum which ought to have been paid to the trade union.

112. Establishment of National Tripartite Committee

There is hereby established a National Tripartite Committee which shall be composed of

(a) the Minister as the chairperson,

(b) five representatives of the Government,

(c) five representatives of employers’ organisations, and

(d) five representatives of organised labour.

113. Functions of the National Tripartite Committee

(1)  The National Tripartite Committee shall

(a) determine the national daily minimum wage;

(b) advise on employment and labour market issues, including labour laws, international labour standards, industrial relations and occupational safety and health;

(c) consult with partners in the labour market on matters of social and economic importance; and

(d) perform any other functions that the Minister may request for the promotion of employment  development and peace in the labour sector.

(2)  The Minister shall publish in the Gazette and in the public media that the Minister may determine, a notice of the national daily minimum wage determined under subsection (1).

(3)  The Ministry shall provide the National Tripartite Committee with the secretarial services that the Committee may require for the effective performance of its functions.

114. Meetings of the National Tripartite Committee

(1)  The National Tripartite Committee shall meet at least once in every three months at the times and at the places determined by the members.

(2)  The  quorum  for  a  meeting  of  the  National  Tripartite  Committee  shall  be  nine  members  with  at least two members each representing the Government, organised labour and employer’s organisations.

(3)  The National Tripartite Committee may invite an interest group to attend any of its meetings.

(4)  Except as otherwise provided in this section, the National Tripartite Committee shall regulate its proceedings.

115. Regional and district tripartite committees

(1)  The National Tripartite Committee may set up sub-committees of the Committee in the regions and districts that it considers necessary for the effective performance of its functions.

(2)  The composition of a regional or district sub-committee of the National Tripartite Committee shall be determined by the Committee except that there shall be equal representation of Government, organised labour and employer’s organisations.

(3)  The Ministry shall provide a sub-committee with the secretarial services that the sub-committee may require.

116. Prohibition of forced labour

(1)  A person shall not be required to perform forced labour.

(2)  An  employer  shall  exact  or  cause  to  be  exacted,  or  permit  to  be  exacted,  forced  labour  from  a worker for the benefit of the employer.

(3)  An employer convicted of an offence under  subsection (2) is liable to a fine not exceeding two hundred and fifty penalty units.

117. Interpretation of “forced labour”

For the purposes of section 116 “forced labour” means work or service that is exacted from a person under  threat  of  a  penalty  and  for  which  that  person  has  not  voluntarily  offered  to  work,  but  does  not include

(a) labour required as a result of a sentence or order of a Court;

(b) labour required of a member of a disciplined force or service as his or her duties;

(c) labour required during a period when the country is at war or in the event of an emergency or calamity  that  threatens  life  and  well-being  of  the  community,  to  the  extent  that  the requirement of the labour is reasonably justifiable in circumstances of  a situation arising or existing during that period for the purpose of dealing with the situation; or

(d) labour reasonably required as part of normal communal or other civic obligations.

118. General health and safety conditions

(1)  An employer shall ensure that a worker employed by the employer works under satisfactory, safe and healthy conditions.

(2)  Without limiting the scope of subsection (1), an employer shall

(a) provide and maintain at the workplace, plant and system of work that are safe and without risk to health;

(b) ensure the safety and absence of risks to health in connection with use, handling, storage and transport of articles and substances;

(c) provide the necessary information, instructions, training and supervision having regard to the age,  literacy  level  and  any  other  circumstances  of  the  worker  to  ensure,  so  far  as  is reasonably practicable, the health and safety at work of those other workers engaged in the particular work;

(d) take steps to prevent contamination of the workplaces by, and protect the workers from, toxic gases,  noxious  substances,  vapours,  dust,  fumes,  mists  and  other  substances  or  materials likely to cause risk to safety or health;

(e) supply   and   maintain   at   no   cost   to   the   worker   adequate   safety   appliances,     suitable fire-fighting equipment, personal protective equipment, and instruct the workers in the use of the appliances or equipment;

(f) provide separate, sufficient and suitable toilet and washing facilities and adequate facilities for the storage, changing, drying and cleansing from contamination of clothing for male and female workers;

(g) provide adequate supply of clean drinking water at the workplace; and

(h) prevent  accidents  and  injury  to  health  arising  out  of,  connected  with,  or  occurring  in  the course of, work by minimising the causes of hazards inherent in the working environment.

(3)  A  worker  shall  use  the  safety  appliances,  fire-fighting  equipment  and  personal  protective equipment provided by the employer in compliance with the employer’s instructions.

(4)  An employer is not liable for injury suffered by a worker who contravenes subsection (3) where the injury is caused solely by non-compliance by the worker.

(5)  An  employer  who,  without  reasonable  excuse,  fails  to  discharge  any  of  the  obligations  under subsection (1) or (2), commits an offence and is liable on summary conviction to a fine not exceeding one thousand penalty units or to a term of imprisonment not exceeding three years or to both the fine and the imprisonment.

119. Exposure to imminent hazards

(1)  When  a  worker  finds  a  situation  at  the  workplace  which  the  worker  has  reasonable  cause  to believe presents an imminent and serious danger to the life, safety or health, of the worker, the worker shall immediately report this fact to the immediate supervisor and leave that situation.

(2)  An  employer  shall  not  dismiss  or  terminate  the  employment  of  a  worker  or  withhold  the remuneration of a worker who has left a work situation which the worker has reason to believe presents imminent and serious danger to the life, safety or health of the worker.

(3)  An  employer  shall  not  require  a  worker  to  return  to  work  in  circumstances  where  there  is  a continuing imminent and serious danger to the life, safety or health of the worker.

120. Employer to report occupational accidents and diseases

An employer is required to report as soon as practicable and not later than seven days from the date of the occurrence to the appropriate government agency, occupational accidents and diseases which occur in the workplace.

121. Specific measures

The Minister may, by legislative instrument, make Regulations providing for specific measures to be taken by employers to safeguard the health and safety of workers employed by them.

122. Labour inspection

There shall be carried out inspection

(a) to secure the enforcement of the provisions of this Act relating to conditions of work and the protection of workers at their workplaces, including the provisions relating to hours of work, wages, safety, health and welfare of the workers and the employment of young persons;

(b) to provide technical information and advice to employers and workers concerning the most effective means of complying with this Act;

(c) to bring to the notice of the Labour Department or the Commission any defects of this Act; and

(d) to  report  to  the  Labour  Department  or  the  Commission  other  unfair  labour  practices  or abuses not specifically provided for by this Act.

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