LABOUR ACT

School: Pace Academy - Course: CE 340 - Subject: Accounting

28:01 LABOUR ACT 1 Acts 16/1985, 12/1992, 20/1994 (s. 19), 22/2001 (s. 4)2, 17/20023, 7/20054 . ARRANGEMENT OF SECTIONS PART I P RELIMINARY Section 1. Short title. 2. Interpretation. 2A. Purpose of Act. 3. Application of Act. PART II FUNDAMENTALRIGHTS OFE MPLOYEES 4. Employees' entitlement to membership of trade unions and workers committees. 4A. Prohibition of forced labour. 5. Protection of employees against discrimination. 6. Protection of employees' right to fair labour standards. 7. Protection of employees' right to democracy in the work place. PART III UNFAIRLABOURP RACTICES 8. Unfair labour practices by employer. 9. Unfair labour practices by trade union or workers committee. 10. Minister may prescribe further unfair labour practices. PART IV GENERALCONDITIONS OFE MPLOYMENT 11. Employment of young persons. 12. Duration, particulars and termination of employment contract. 12A. Remuneration and deductions from remuneration. 12B. Dismissal. 12C. Retrenchment. 12D. Special measures to avoid retrenchment. 13. Wages and benefits upon termination of employment. 14. Sick leave. 14A. Vacation leave. 14B. Special leave. 14C. Weekly rest and remuneration for work during public holidays. 15. Death of employer. 1 LabourRelationsAct until 7th March, 2003, when the short title was changed to the present Labour Act by Act 17/2002. It includes all amendments made to the Act up to the 1st February, 2006, i.e., the amendments made by the Criminal Penalties Amendment Act, 2001 (No. 22 of 2001) with effect from the 20th May, 2002, and the Labour Relations Amendment Act, 2002 (No. 17 of 2002) with effect from 7th March, 2003, and the Labour Amendment Act, 2005 (No. 7 of 2005) with effect from 30th December, 2005. Because the amendments are extensive, affecting many provisions of the Act, notes in the body of this re-issue have been kept to a minimum, but a note on the amendments and a table of provisions affected by the amendments appear at the end, where section 47 of Act No. 17 of 2002, containing savings and transitional provisions, is also reproduced. . 2 Criminal Penalties Amendment Act, 2001 (with effect from the 20th May, 2002). 3 Labour Relations Amendment Act, 2002 (with effect from the 7th March, 2003). 4 Labour Amendment Act, 2005 (with effect from the 30th December, 2005). LABOUR ACT [Chapter 28:01] (as amended 01-02-2006)) Re-issue - 2 - 1st February 2006- 16. Rights of employees on transfer of undertaking. 17. Regulatory powers of Minister. 18. Maternity leave. PART V ADVISORYCOUNCILS AND WAGE ANDSALARYC ONTROL 19. Advisory councils. 20. Minimum wage notices. 21. Prohibition of termination of services of employee. 22. {Repealed] PART VI WORKERSCOMMITTEES:FORMATION ANDF UNCTIONS 23. Formation of workers committees.

24. Functions of workers committees. 25. Effect of collective bargaining agreements negotiated by workers committees. 25A. Composition, procedure and functions of works councils. 26. Minister may make regulations relating to workers committees. PART VII TRADE UNIONS,EMPLOYERSORGANIZATIONS ANDFEDERATIONS OFTRADEUNIONS ANDEMPLOYERSO RGANIZATIONS 27. Right to form trade unions or employers organizations. 28. Requirements for formation of trade unions and employers organizations. 29. Registration of trade unions and employers organizations and privileges thereof. 30. Unregistered trade unions and employers organizations. 31. When trade union may act as agent union. 32. Agent union to disclose other agencies. 33. Application for registration. 34. Requirements of application for registration. 35. Requirements of constitution of registered trade unions or employers organizations. 36. Registration of trade unions, employers organizations and federations. 37. [Repealed ]. 38. [Repealed ]. 39. Application or proposal to vary, suspend or rescind registration. 40. Variation, suspension or rescission of registration. 41. Accreditation proceedings. 42. Notice of accreditation proceedings. 43. Procedure at accreditation proceedings. 44. Notification of decision made at accreditation proceedings. 45. Considerations relating to registration, variation, suspension or rescission of registration of trade unions or employers organizations. 46. Matters to be determined by Labour Court. 47. Right of appeal. 48. Notice of appeal. 49. Appeals before Labour Court. 50. Right of membership of registered trade unions and employers organizations. 51. Supervision of election of officers. 52. Right to union or association dues. 53. Restrictions on payment of union dues by employers. 54. Collection of union dues. 55. Minister may regulate union dues. PART VIII EMPLOYMENTC OUNCILS 56. Voluntary employment councils. 57. Statutory employment councils. 58. Constitution of employment councils. 59. Registration of employment councils. 60. Employment councils to be bodies corporate. 61. Variation of registration of employment councils. 62. Duties of employment councils. 63. Designated agents of employment councils. PART IX [ The whole of Part IX ("Employment Boards"), consisting of sections 64 to 73, was repealed by s. 25 of Act 17/2002.] LABOUR ACT [Chapter 28:01] (as amended 01-02-2006)) Re-issue - 3 - 1st February 2006- PART X COLLECTIVEBARGAININGAGREEMENTSNEGOTIATED BYTRADEUNIONS ANDEMPLOYERSO RGANIZATIONS 74. Scope of collective bargaining agreements. 75. Obligation to negotiate in good faith. 76. Duty of full disclosure when financial incapacity alleged. 77. Representation of parties. 78. Ratification of collective bargaining agreements. 79. Submission of collective bargaining agreements for approval or registration. 80. Publication of collective bargaining agreements. 81. Amendment of registered collective bargaining agreements by Minister. 82. Binding nature of registered collective bargaining agreements