THE LABOUR RELATIONS AND INDUSTRIAL DISPUTES ACT
LAB0 UR RELATIONS AND INDUSTRIAL DISPUTESTHE LABOUR RELATIONS AND INDUSTRIALDISPUTES ACTARRANGEMENT OF SECTIONSPART I- Preliminaw1. Short title.2. Interpretation.PART 11. -Labour RelationsLabour relations code.Rights of workers in respect of trade union membership.Employer may recognize trade union without ballot being taken.Ballots to determine bargaining rights.Bargaining in good faith.5B. Notice of industrial action.6. Collective agreements.3.4.4A.5.5 A.PART 111-Establishment andfunctions of the Industrial DisputesTribunalEstablishment of Industrial Disputes Tribunal.Tribunal to sit in divisions.Industrial disputes in undertakingsproviding essential services.Minister may act in public interest to settle dispute.Reference of disputes to the Tribunal at the request of the parties.Minister may on his own initiative refer disputes to the Tribunal.Reference of dispute of disciplinaty nature by Minister to theTribunal.12. Ahards of the Tribunal.13. Mences in connection with unlawful industrial action.PART IV-Boards of Inquiry7.8.9.10.11.11A.11B.14. hlinister may appoint Boards of Inquiry.15. Reports'of Boards.PART V-Generalprovisions in respect of the Tribunal andBoards of Inquiry16. Appearance before the Tribunal and Boards.16A. Power of Tribunal to hear industrial disputes.[The inclusion of this page is authonzed by L.N SSi200311
LABOUR RELATIONS AND INDUSTRIAL DISPUTES2Power to summon witnesses and administer oaths.Duty and privileges of witnesses.The Tribunal and Boards may sit in private.The Tribunal and Boards may regulate their procedure andproceedings.21. Remuneration and protection of members of Tribunal and ofBoards.17.18.19.20.PART VI-MiscellaneousChange of ownership of undertaking during an industrial dispute.Expenses incurred for purposes of this Act.Special provisions as to frnes and attachment.Application to Government and its employees.Service of documents.Regulations.Power to amend First and Fifth Schedules.Special provisions in respect of certain awards. settlements andagreements.30. Employer in essential services to keep register of workers.31. Prohibition of industrial action while appeals from the Tribunal arepending in Court.32. Prohibition of industrial action prejudicial to the national interest.22.23.24.25.26.27.28.29.SCHEDULES (The iiicliisioii of tlm page is authorized by L N88/2003]
LABOUR RELATIONS AND INDUSTRZAL DISPUTESTHE LABOUR RELATIONS AND INDUSTRIALDISPUTES ACT[8th April, 1975.13 cts14 of 1975,13 or 1978,14 of 19837 of 1986,13 of 2002,8 of 2010.PART I. Preliminary .1. This Act may be cited as the Labour Relations and Indus- short title.trial Disputes Act.2. In this Act unless the context otherwise requireslnterpretation.:"action" includes any refusal or failure, to act, and anyreference to taking action shall be construed accordingly;"bargaining rights" means rights to participate, on behalf ofthe workers in relation to whom that expression is used,in negotiations in'respect of(a) the terms and conditions of employment of thoseworkers, or the physical conditions in which any ofthem are required to work;.(b)engagement or non-engagement or termination or suspension of employment, of any worker;(c) allocation of work as between workers or groups ofworkers;"bargaining unit" means those workers or categories ofworkers of an employer in relation to whom collectivebargaining is, or could appropriately be carried on;a"Board" means a Board of Inquiry appointed under this Act;"collective agreement" means any agreement or arrangement which-.[The inclusion of this page is authorized by L.N. 92c/2012]
4LABOUR RELA TIONY AND INDUSTW L DISPUTES(a) is made (in whatever way and in whatever form)between one or more organizations representingworkers and either one or more employers, oneor more organizations representing employers, ora combination of one or more employers and oneor more organizations representing employers;(b) contains (wholly or in part) the terms and conditions of employment of workers of one or morecategories;"collective bargaining" means negotiations between one ormore organizations representing workers and either oneor more employers, one or more organizations representing employers, or a combination of one or more employers and one or more organizations representingemployers;"contract of employment" means a contract of service or ofapprenticeship, whether it is express or implied, and (ifit is express) whether it is oral or in writing;"employer" means a person for whom one or more workerswork or have worked or normally work or seek to work;First Schedule."essential service" means any of the services set out in theFirst Schedule;"industrial action" means(a) any lock-out; or(b) any strike; or(c) any course of conduct (other than a lock-out orstrike) which, in contemplation or furtherance ofan industrial dispute, is canied on by one ormore employers or by one or more groups ofworkers, whether they are parties to the disputeor not, with the intention of preventing or reducing the production of goods or the provision ofservices;[The inclusion o f this paee is authorized by L.N. 92 120121a
LABOUR RELATIONS AND INDUSTRLAL DISPUTES"industrial dispute" means a dispute between one or moreemployers or organizations representing employers andone or more workers or organizations representingworkers, and-5812010S.2.(a) in the case of workers who are members of anytrade union having bargaining rights, being a dispute relating wholly or partly to(i) terms and conditions of employment, orthe physical conditions in which anyworkers are required to work;(ii) engagement or non-engagement, or termination or suspension of employment, ofone or more workers;(iii) allocation of work as between workersor groups of workers;.(iv) any matter .affecting the privileges,rights and duties of any employer ororganization representing employersor of any worker or organizationrepresenting workers; or.(v) any matter relating to bargaining: rightson behalf of any worker;.(b) in the case of workers who are not members ofany trade union having bargaining rights, being adispute relating .wholly to one or more of thefollowing:(i) the physical conditions in which anysuch worker is required to work;(ii) the termination or suspension of employment of any such worker; or(iii) any matter affecting the rights andduties of any employer or organization[The inclusion of this page is authorized by LN. .92cR012].
LABOUR RELATIONS AND INDUSTRZAL DISPUTESrepresenting employers or of any workeror organization representing workers;"lock-out" means action which, in contemplation orfurtherance of an industrial dispute, is taken by oneor more employers, whether parties to the dispute ornot, and which consists of the exclusion of workersfrom one or more places of employment or of thesuspension of work in one or more such places orof the collective, simultaneous or otherwise connectedtermination or suspension of employment of a group ofworkers;"strike" means a concerted stoppage of work by a groupof workers in contemplation or furtherance of anindustrial dispute, whether those workers are partiesto the dispute or not, and whether it is carriedout during, or on the termination of, their employment;.-"terms and conditions of employment" means the termsand conditions on which one or more workers are, orare to be, required to work for their emp 1oyers;"the Tribunal" means the Industrial Disputes Tribunalestablished under this Act, and includes any divisionthereof;"undertaking" includes a trade or business and any activityinvolving the employment of workers; .,1312002s. 2 (b)."worker" means an individual who has entered into orworks or normally works (or where the employment hasceased, worked) under a contract, however described, in circumstances where that individual worksunder the direction, supervision and control of theemployer regarding hours of work, nature of work,managemeqt of discipline and such other conditions- [The inclusion of this page is authorized by L.N. 92 12032]
LABOUR RELATIONS AND INDUSTRLAL DISPUTESas are similar to those which apply to an employee.PART 11. Labour Relations3. 1) The Minister shall prepare and lay before the Senateand the House of Representatives, before the end of the periodof one year beginning with the 8th April, 1975, the draft ofa labour relations code, containing such practical guidance as inthe opinion of the Minister would be helpful for the purposeof promoting good labour relations in accordance with-(a) the principle of collective bargaining freely conductedon behalf of workers and employers and with dueregard to the general interests of the public;(b) the principle of developing and maintaining orderlyprocedures in industry for the peaceful and expeditioussettlement of disputes by negotiation, conciliation orarbitration;(c) the principle of developing and maintaining goodpersonnel management techniques designed to secureeffective . co-operation between workers and theiremployers ,and io protect workers and employersagainst unfair labour practices.'(2) If the draft laid under subsection (1) is approved by aresolution of the Senate and of the House of Representatives theMinister shall.(a) .cause it to be published in the Gazette; and(b) by notice published in the Gazette specify the date onwhich it shall come into operation.'(3) The Minister may from time to time revise thewhole or any part of any labour relations code which isfor the time being in operation under this Act, so, however,that a draft of the revised code, or of the revised part ofthe' code, as the case may be, shall be laid before the Senateand the House, 'of Representatives, and subsection (2) slid1apply thereto as it applies to the draft laid under subsection(1 \.[The inclusion of this page is authorized by L.N. 92c/2012]Labourz:ys
LABOUR RELATIONS AND INDUSTRIAL DISPUTESRights ofworkers inrespect oftrade unionmembership1312002S. 3 (a) (ii).(4) A failure on the part of any person to observe anyprovision of a labour relations code which is for thetime being in operation shall not of itself render him liableto any proceedings; but in any proceedings before the Tribunalor a Board any provision of such code which appears to theTribunal or a Board to be relevant to any question arising in theproceedings shall be taken into account by-the Tribunal or Boardin determining that question.4 . 4 1 ) Every worker shall, as between himself and his,employer, have the right(a) to be a member of such trade union as he may choose;(b) to take part, at any appropriate time, in the activities ofany trade union of which he is a member;(c) not to be a member of a trade union.(2) Any person who(a) prevents or deters a worker from exercising any of therights conferred on him by subsection (I); or(b) dismisses, penalizes or otherwise discriminates againsta worker by reason of his exercising any such right,1312002S. 3 (b).shall be guilty of an offence and shall be liable on summaryconviction before a Resident Magistrate to a fine not exceedingfive hundred thousand dollars.(3) Where an employer offers a benefit of any kind toany workers as an inducement to refrain from exercising a rightconferred on them by subsection (1) and the employer-(a) confers that benefit on one or more of those workerswho agree ,td' refrain from exercising that right; and(b) withholds it from one or more of them who do notagree to do so,the employ& shall for the purposes of this section be regarded,in relation to any such worker as is mentioned in paragraph (b),as having thereby discriminated against him by reason of hisexercising fiat right. -[The inclusion of this page is authorized by L.N. 92d20121
LABOUR RELATIONS AND INDUSTRUL DISPUTES9(4) In this section “appropriate time”, in relation to aworker takmg part in any activities of a trade union, means timewhich either-(a) is outside his working hours; or(b) is a time within his working hours at which, inaccordance with arrangements agreed with, or consentgiven on behalf of, his employer, it is permissible forhim to take part in those activities,and in this subsection “working hours”, in relation to a worker,means any time when, in accordance with his contract with hisemployer, he is required to be at work.4A. Where the majority of the workers or a particularcategory of workers, in the employment of an employer, agreeamong themselves for a trade union to have bargaining rights inrelation to them, the employer may recognize that trade union ashaving bargaining rights in relation to those workers without aballot being taken for the purpose of determining the matterIf there is any doubt or dispute(a) as to whether the workers, or a particular category ofthe workers, in the employment of an employer wishany, and if so which, trade union to have bargainingrights in relation to them, or5.-(1)‘JV Wmavrccogni,cwithouthallo1 hsing‘mO2b4Ilallot\ ((1dctsrmtnetjargiiiningrigh’\(h) as to which of two or more trade unions claimingbargaining rights in relation to such workers orcategory of workers should be recognized as havingsuch bargaining rights,the Minister shall cause a ballot of such workers or category ofworkers to be taken for the purpose of determining the matter.(2) Where the Minister decides to cause any ballot to betaken under this Act he shall cause such arrangements as hethinks fit to be made to secure that the ballot is properlyconducted and that the voting in the ballot will be kept secretI I IICIIIL II\IOII 111ihi\ m p cI\ ;iiillirm/cdIiy I NXXIZf)O?II3/20025(.,,
10(3) Where the Minister decides to cause a ballot to betaken and there is a dispute, which he has failed to settle, asrespects the category of workers of whom the ballot should betaken or the persons who should be eligible to vote in the ballot,the Minister shall refer the dispute to the Tribunal fordetermination. The Tribunal shall, in determining any disputereferred to it under this subsection, have regard to the provisionsof any regulations made under this Act and for the time being i nforce in relation to ballots.13 2002s. 5 (h).(3A) Where under subsection (3) the Minister refers adispute to the Tribunal, it shall be lawful for the Tribunal, indetermining the dispute, to determine the bargaining unit inwhich the workers concerned may, for the time being. bcincluded.(4) The Minister shall, as soon as may be afier he hasascertained the result of any ballot taken under this Act, issue tothe employer and every trade union concerned in that ballot acertificate, in such form as may be prescribed, setting out theresult of the ballot.( 5 ) If the result of the ballot shows that the majority ofthe workers who were eligible to vote indicated that they wish aparticular trade union to have bargaining rights in relation tothem, their employer shall, so soon as he receives the certificatereferred to in subsection (4), recognize that trade union ashaving bargaining rights in relation to the workers who wereeligible to vote and in relation to any bargaining unit in whichthey may, for the time being, be included.(6) Where a ballot is taken, for the purpose ofdetermining which, if any, of two or more trade unions shouldhave bargaining rights and the result of the ballot shows that
10.01each of two or three of those trade unions receives the votes ofnot less than thirtv per centim of the number of workers who&ere elisible to vote the Minister shall. at the request in writingof not less than two of the trade unions which received the votesas aforesaid. inform the employer iil writing that those tradeunions mish to be recognized as having joint bargaining rightsin relation to the workers who were eligible to vote and inrelation to any bargaining unit in which they may, for the timebeing, be included, and the employer shall. so soon as hereceives such information. recognize those trade unionsaccordingly(7) Any person who, without reasonable cause-( a ) obstructs any person authorized in writing by theMinister to take any ballot pursuant to this sectionwhile such person is carrying out his duties; or13 2002s. 5 (C).( b ) prevents any worker who is eligible to vote in a ballotfrom voting,shall be guilty of an offence and shall be liable on summaryconviction before a Resident Magistrate to a fine not exceedingtwo hundred and fifty thousand dollars.(8) Any employer who contravenes the provisions ofsubsection ( 5 ) or ( 6 ) shall be guilty of an offence and shall be13 ZJ(J2S.5 (d) (i).13 2002S.5 (d) (ii).liable on summary conviction before a Resident Magistrate to afine not exceeding five hundred thousand dollars and in thecase of a continuing offence to a hrther fine not exceedingten thousand dollars for each day on which the offence continuesafter conuiction.(9) Subject to the provisions of subsections (2), (3) and(4) every ballot under this Act shall be taken in accordance withsuch procedure and subject to such conditions as shall beprescribed.13 2002s. 5 (2).(10) Where, whether before or after the 8th April, 1975,bargaining rights were granted, with or without the taking of a
10.02LABOUR RELATIONS AND INDUSTRIAL DISPUTESballot, to a trade union in respect of workers or a particularcategory of workers in the employment of any employer andthose rights were in existence immediately before the 28th dayof March, 2002, those rights shall continue to be exercised bythat trade union after that date.Bargaining ingood faith., 3 zoozS . 6.5A.-( 1) Where pursuant to section 5 (5) or ( 6 ) , a trade unionis recognized as having bargaining rights in relation to workersor a category of workers, the trade union shall give to theemployer, within fifteen days of being so recognized or suchlonger period as the trade union and the employer may agree, anotice in writing stating that the trade union is desirous ofmaking a cofiective agreement with the employer.(2) Where a claim is served by one party on the other inrelation to wages and fringe benefits or other conditions ofservice, both parties shall, within thirty days of the date ofservice of the notice, conduct negotiations in good faith andmake every reasonable effort to conclude a collectiveagreement.Notice ofindustrialaction.13mo2S. 6.Fifthschcduic.5B.-41) Where industrial action is contemplated to be takenin any of the services specified in the Fifth Schedule, notice inwriting of such industrial action shall be given to the Ministerand the employer by any party to the dispute or by any personacting on behalf of such party not less than seventy-two hoursbefore the commencement of such industrial action.(2) Where no notice is given pursuant to subsection (1)or notice is not given within the period specified in thatsubsection, the industrial action taken shall be deemed to beunlawful.Collcclivcagreeemmts.6 - 4 1 ) Every collective agreement which is made in writingafter the 8th April, 1975, shall, if it does not contain expressprocedure for the settlement, without stoppage of work, ofindustrial disputes between the parties, be deemed to contain theprocedure specified in subsection (2) (in this section referred toas the implied procedure).1'1'11 i d i i s i o i i ol'tliis page is :iiiiliorimd hy I .NXXlZOOll
LABOUR RELATIONS A N D INDUSTRIAL DISPUTES(2) The implied procedure shall be(U) the parties shall first endeavour to settle any dispute or difference between them by negotiation;and(b) where the parties have tried, but failed, to settle adispute or difference in the manner referred to inparagraph (U) any or all of them may request theMinister in writing to assist in settling it by meansof conciliation; and(c) all the parties may request the Minister in writingto refer to the Tribunal for settlement any disputeor difference which they tried, but failed, to settleby following the procedure specified in paragraphs(a) and (6).PART III. Establishment and functions of the IndustrialDisputes Tribunal7 4 1 ) There shall be established for the purposes of thisAct a tribunal to be called th
LABOUR RELATIONS AND INDUSTRZAL DISPUTES 3 THE LABOUR RELATIONS AND INDUSTRIAL cts 14 of 1975, DISPUTES ACT 13 or 1978, 14 of 1983 7 of 1986, [8th April, 1975.1 13 of 2002, 8 of 2010. PART I. Preliminary . 1. This Act may be cited as the Labour Relations and Indus- File Size: 2MB
Silat is a combative art of self-defense and survival rooted from Matay archipelago. It was traced at thé early of Langkasuka Kingdom (2nd century CE) till thé reign of Melaka (Malaysia) Sultanate era (13th century). Silat has now evolved to become part of social culture and tradition with thé appearance of a fine physical and spiritual .
May 02, 2018 · D. Program Evaluation ͟The organization has provided a description of the framework for how each program will be evaluated. The framework should include all the elements below: ͟The evaluation methods are cost-effective for the organization ͟Quantitative and qualitative data is being collected (at Basics tier, data collection must have begun)
̶The leading indicator of employee engagement is based on the quality of the relationship between employee and supervisor Empower your managers! ̶Help them understand the impact on the organization ̶Share important changes, plan options, tasks, and deadlines ̶Provide key messages and talking points ̶Prepare them to answer employee questions
Dr. Sunita Bharatwal** Dr. Pawan Garga*** Abstract Customer satisfaction is derived from thè functionalities and values, a product or Service can provide. The current study aims to segregate thè dimensions of ordine Service quality and gather insights on its impact on web shopping. The trends of purchases have
On an exceptional basis, Member States may request UNESCO to provide thé candidates with access to thé platform so they can complète thé form by themselves. Thèse requests must be addressed to esd rize unesco. or by 15 A ril 2021 UNESCO will provide thé nomineewith accessto thé platform via their émail address.
Chính Văn.- Còn đức Thế tôn thì tuệ giác cực kỳ trong sạch 8: hiện hành bất nhị 9, đạt đến vô tướng 10, đứng vào chỗ đứng của các đức Thế tôn 11, thể hiện tính bình đẳng của các Ngài, đến chỗ không còn chướng ngại 12, giáo pháp không thể khuynh đảo, tâm thức không bị cản trở, cái được
Everyone has the right to fair labour practices. The Constitution of the Republic of South Africa, Act 108 of 1996, Section 23(1). The Labour Relations Act, No 66 of 1995 as amended by Labour Relations Amendment Act, No 42 of 1996 Proclamation, No 66 of 1996 Labour Relations Amendment Act, No 127 of 1998 Labour Relations Amendment Act, No 12 of .
Am I My Brother's Keeper? On Personal Identity and Responsibility Simon Beck Abstract The psychological continuity theory of personal identity has recently been accused of not meeting what is claimed to be a fundamental requirement on theories of identity - to explain personal moral responsibility. Although they often have much to say about responsibility, the charge is that they cannot say .
