THE Labour Relations Code - Ministry Of Justice
LABOUR RELATIONSAND RfDUSTRL4L DISPUTESTHE LABOUR RELATIONS AND INDUSTRIAL DISPUTES ACTL.N.310176The Labour Relations Code(made under section 3)ORDERS(undersection 10 )REGULATIONS(under section 27)The Labour Relations and Industrial Disputes Regulations, 1975[The inclusion of this page is authorized by L.N.135/20031L.N. 135175106W78Act IY2002
LABOUR RELATJONS AND INDUSTRIAL DISPUTESTHE LABOUR RELATIONS AND INDUSTRIAL DISPUTESACTTHELABOURRELATIONSCODE(made under section 3)(Approved by the House of Representatives on the 20th day o fJuly, 1976, and by the Senate on the 6th day of August, 1976)L.N. 310176[lst day of November, 1976.1,L.N. 335 176THE LABOUR RELATIONS CODETable of ContentsPART on.PART 11-ResponsibilitiesEmployers.Individual WorkerTrade Unions.Employers AssociationsParagraph.PART111-Personnel Management PracticesEmployment Policies.Manpower Use and Planning .Security of Workers .Working Environment.Payment of Wages .[The inclusion of this page is authorizedbyL.N. 96115771--
THE LABOUR RELATIONS CODEPARTIV-WorkersRepresentation and the Collective BargainingProcessTrade Union Recognition.Representation at Place of Employment (Delegates).Collective Bargaining.Bargaining Units.Collective Agreements.PART V-Communication and ConsultationCommunication and Consultation.PARTVI-Grievance Disputes and Disciplinary ProceduresDisputes Procedures.,Individual Grievance Procedure .Disciplinary Procedure.THE LABOUR RELATIONS CODEPARTI-Preliminary1. EstablishmentThe Code is established in accordance with the provisions of section3 of the Labour Relations and Industrial Disputes Act. Its purposeis to set out guidelines which in the opinion of the Minister will behelpful for the purpose of promoting good labour relations, havingregard to the following(i) the principle of collective bargaining freely oonducted onbehalf of workers and their employers with due regardto the interest of the public;(ii) the principle of developing and maintaining orderly procedures in industry for ,the peaceful and expeditioussettlement of disputes by negotiations, conciliation orarbitration;(iii) the principle of developing and maintaining goodpersonnel management techniques designed to secureeffective co-operation between workers and employers andto protect workers and employers against unfair labourpractices.ITbe inclusicn of this page is authorized by L.N.96110771
THE LABOUR RELATIONS CODE2. PurposeThe code recognizes the dynamic nature of industrial relations andinterprets it in its widest sense. It is not confined to procedural mattersbut includes in its scope human relations and the greater responsibilitiesof all the parties to the society in general.Recognition is given to the fact that management in the exerciseof its function needs to use its resources (material and human)efficiently. Recognition is also given to the fact that work is a socialright and obligation, it is not a commodity; it is to be respected anddignity must be accorded to those who perform it, ensuring continuityof employment, security of earnings and job satisfaction.The inevitable conflicts that arise in the realization of these goalsmust be resolved and it is the responsibility of all concerned, management to individual employees, trade unions and employer's associations to co-operate in its solution. The code is designed to encourageand assist that co-operation.3. ApplicationSave where the Constitution provides otherwise, the code applies toall employers and all workers and organizations representing workersin determining their conduct one with the other, and industrial relations should be carried out within the spirit and intent of the code.The code provides guidelines which complements the Labour Relationsand Industrial Disputes Act; an infringement of the code does notof itself render anyone liable to legal proceedings, however, its provisions may be relevant in deciding any question before a tribunalor board.4. RevisionIn accordance with section 3(3) of the Act, the code may be revisedby the Minister. This will be done in consultation with representativeorganizations of employers and workers.This provision is not to be interpreted as inhibiting or restrictingthe right of the parties to review and improve their own labourmanagement practices as the need arises.5. EmployersIn keeping with the need for management to be productive andresponsive to workers and the society in general, good managementF h e inclusion of this page is authorized by L.N.301 197710
THE LABOUR RELATIONS CODEpractices and industrial relations policies which have the confidenceof all must be one of management's major objectives.The development of such practices and policies are a joint responsibility of employers and all workers and trade unions representingthem, but the primary responsibility for their initiation rests withemployers.Employers should therefore ensure that(i) in the implementation of these policies due regardis to be paid to their responsibilities to the society;(ii) in addition to discharging their obligations to workersin respect of terms and conditions of employment, theyadopt policies for the social and educational improvement of their workers;(iii) they respect their workers' rights to belong to a tradeunion, and to take part in the union's activities, whichinclude seeking recognition for negotiation purposes.and that they are not averse to negotiating in goodfaith with such trade union;t(iv) adequate and effective procedures for negotiation, communication and consultation, and the settlement ofgrievances and disputes, are maintained with theirworkers, and organizations representing such workers;(v) these procedures are understood and applied by allmembers ol the management team;(vi) all supervisory staff have clearly defined responsibilitiesin the organizational structure, are in charge of manageable work groups, understand their responsibilities andhave the necessary qualities, and industrial relationstraining and exposure to do the job;(vii) supervisors are cognizant of management policies asthey affect their individual work groups and that theymaintain an effective link between management andmembers of their work groups.6. Zndividual Worker(i) The worker has a responsibility, to his employer toperform his contract of service to the best of hisability, to his trade union to support it financially[The inclusion of this page is authorized by L.N. 9b/lY77]
THE LABOUR RELATIONS CODEand to vest in it the necessary authority for the performance of its functions efficiently; to his fellowworkers in ensuring that his actions do not prejudicetheir general well-being including their health andsafety; to the nation by ensuring his dedication to theprinciple of productive work for the good of all;(ii) the legal relationship between employer and workeris determined by the individual contract of employment. Often many of its terms are fixed by collectivebargaining and contained in collective agreements. Theworker should familiarize himself with the terms ofhis contract, and in particular any procedure for thedealing with grievances, and abide by them;(iii) some workers have special obligations arising out ofthe nature of their employment. Such worker whenacting in the course of his employment should bemindful of those obligations and should refrain fromaction which conflicts with them.7. Trade UnionsThe main objective of a trade union is to promote the interestof its members, due regard being paid to the interest of the totallabour force and to the greater national interest. To achieve thisaim, trade unions have a duty to maintain the viability of the undertaking by ensuring co-operation with management in measures topromote efficiency and good industrial relations.Trade Unions should therefore(i) where appropriate, maintain jointly with managementand other trade unions effective arrangements atindustry or local levels for negotiation, consultationand communication and for settling grievances anddisputes;(ii) take all reasonable steps to ensure that their officialsand members observe all arrangements;(iii) provide for the training of delegates in the scopeof their powers and duties and the day-to-day operation of the union;(iv) provide adequate educational opportunities for theadvancement of their members;me indlusion of this page is authorized by L.N. 961197q
THE LABOUR RELATIONS CODE(v) be properly staffed to serve the needs of its members.and allow for effective lines of communication betweensuch staff and the rank and file mqnbership;(vi) encourage members to take part in its activities byadopting such means as would best allow them to doso, including the compilation and distribution ofinformation;(vii) make available information pertaining to the rules andpolicies of the unions;(viii) provide adequate advisory services for their membersand in particular assist them to understand the termsand conditions of their employment;(ix) identify trends in industrial relations to help theirmembers to anticipate and keep abreast of change.8. Employers' AssociationsThe principal aim of employers' associations is to promote theinterests of their members, due regard being paid to the interest of thetotal labour force and to the greater national interest.Employers' associations should therefore(i) co-operate with trade unions for the establishment atindustry level where appropriate, of procedures for thenegotiation of terms and conditions of employmentand the settlement of disputes and grievances;(ii) encourage their members to establish effective procedures in consultation with trade unions recognizedby them, for the settlement of disputes and grievancesat the local level;fiii) take all reasonable steps to ensure that their memberspursue those procedures which are established;(iv) collect, analyse and distribute information in theindustrial relations field;(v) identify trends in industrial relations to help theirmembers to anticipate and keep abreast of change;(vi) provide adequate advisory services for their members;(vii) encourage their members to provide adequate educa fShc indlurico of thispage in authorized byL.N. 961197Il
THE LABOUR RELATIONS CODEtional opportunities for the advancement of theirworkers;(viii) encourage their members to take an interest in theirassociation and be prepared to contribute to itsresources.PART111-Personnel Management Practices9. Employment PoliciesClear, comprehensive and non-discriminatory employment policiesare an indication of the efficiency of an undertaking. The initiationof such policies is primarily the responsibility of employers, but theyshould be developed in consultation or negotiation with workers ortheir representatives.Employment policies should(i) provide for proper recruitment and selection, havingregard to the qualification and experience needed toperform the job;(ii) have regard to the need for workers to advance themselves in the undertaking and so consider fillingvacancies by promotion or transfers;(iii) make clear to the workers the requirements, terms andconditions of employment including inter alia(a) general conditions of employment;(b) job requirements and the person to whom theworker is directly responsible;(c) disciplinary rules and the procedures for theexamination of grievances;(d) opportunities for promotion and training;(e) social welfare services, such as medical care,canteens, pensions, etc.;(f)occupational safety health and welfare regdations;(g) methods of consultation;(h) any trade union arrangements;[Tha indlusion of this page is authorized by L.N. %/197q
THE LABOUR RELATIONS CODE(i) the company's personnel and industrial relationspolicies.(iv) provide induction training both as to the actual jobperformance and as to the policies and proceduresexisting in the undertaking, encouraging their adoptionparticularly as they relate to safety, health and welfarematters;(v) ensure that workers are kept abreast of changing jobtechniques by on the job training or by approvedcourses;(vi) not be influenced by conditions relating to age, sexor other personal factors except where relevant to thejob:(vii) make provision for workers to further their educational standard if they so desire, by granting tima offfor such purposes;(viii) be carried out by competent staff and be subject toperiodic review to ensure efficiency.10. Manpower use and PlanningProper manpower utilization policies are essential to efficiency.Such policies should(i) be given high priority and be integrated with otheraspects of planning in the undertaking;(ii) assess existing manpower resources based on adequateand up-to-date personnel records:(iii) identify future manpower needs and formulate andimplement policies for their fulfilment;(iv) seek to avoid unnecessary fluctuation in the work forceand where such fluctuations are necessary, ensure thatthere is a minimum of disruption to the workers concerned;(v) ensure that the undertakii operates in an efficientmanner by identifying such problems as absenteeismand high incidence of l a b u rturn-over, recording suchinformation and taking steps in consultation withworkers or their representatives to correct them.
THE LABOUR RELATIONS CODE11. Security of WorkersRecognition is given to the need for workers to be secure in theiremployment and management should in so far as is consistent withoperational efficiency(i) provide continuity of employment, implementing wherepracticable, pension and medical schemes;(ii) in consultation with workers or their representativestake all reasonable steps to avoid redundancies;(iii) in consultation with workers or their representativesevolve a contingency plan with respect to redundanciesso as to ensure in the event of redundancy that workersdo not face undue hardship. In this regard management should endeavour to inform the worker, tradeunions and the Minister responsible for labour as soonas the need may be evident for such redundancies;(iv) actively assist workers in securing alternative employment and facilitate them as far as is practicable inthis pursuit.12. Working EnvironmentVarious Acts of Parliament lay down minimum standards in respectof working conditions.Management in consultation with workers or their representa(A)tives should seek to improve these standards.Management has a duty to(i) furnish, equip and otherwise provide factories, workshops, offices and other places where work is to beperformed with such facilities as meet the reasonablerequirements of safety, health and welfare regulationsand to adopt suitable measures for the workers pratection, and the prevention of the spread of epidemicor infectious disease;(ii) organize work in such a manner as to provide in sofar as is practicable and best guarantee for the workers'safety and health;( 1 adopt the statutory and other suitable measures forthe prevention of accidents at the work place andVhe inolu&m of thirpass is authorid byL.N. 96/19?'?]
THE LABOUR RELATIONS CODEto keep at all times such medication and therapeuticmaterials as are necessary for the administrationof effective first aid;(iv) ensure that personnel are trained in first aid techniquesand in such numbers, as to provide for the presenceof at least one such trained worker during workinghours;(v) display in conspicuous positions at the work placerules and regulations, statutory or otherwise concerningsafety and health precautions.(B)The worker has a duty to(i) ensure that he understands and observes the safetyand health regulations;(ii) make use of all protective equipment provided;(iii) co-operate with management and fellow workers inthe development and implementation of all safety.health and welfare measures.13. Payment of WagesThe question of payment for work done is often a contentious areain industrial relations. Wage systems should be agreed and shouldnot be in contravention of any statute.Wage systems should also(i) ensure that the agreed wages and rates are paid;(ii) be kept in simple terms so that workers can understandthem;(iii) be kept under review to ensure their applicability tochanging circumstances.PARTIV-WorkersRepresentation and the CollectiveBargaining Process14. Trade Union Recognition(i) The Labour Relations and Industrial Disputes Act andthe Labour Relations and Industrial Disputes Regulations, 1975, set out the conditions and procedures forthe taking of ballots to determine bargaining rightsme inclusion of this page is authorized by L.N. 96119713
THE LABOUR RELATIONS CODEon behalf of workers. This does not, however, precludeemployers and trade unions from voluntarily determining claims for bargaining rights where(a) there are no other trade unions representing orclaiming to represent the workers in question;(b) the employer is satisfied that the majority ofworkers in the proposed bargaining unit aremembers of the applicant union.(ii) where recognition is accorded voluntarily the employershould immediately so inform the Ministry of Labourand Employment stating the name of the trade union,the date of recognition and the composition of thebargaining unit;(iii) the employer and the recognized trade union shouldagree on procedures for resolving disputes anddifferences and should conduct negotiations in goodfaith;(iv) trade unions recognized for bargaining purposes shouldbe allowed reasonable facilities to properly representtheir members.15. Represenration at Place of Employment (Delegares)To ensure that proper representation of all workers, delegates areappointed from the work force to represent the interest of the workersIn doing so cognizance must be taken of the size and distributionof the work force as well as the organization of the establishment.(i) Trade Unions should-(a) specify the conditions of eligibility for the selection andappointment of delegates, and define the manner in whichthey can be removed;(b) provide delegates with written authority setting out theirresponsibilities, particularly with regard to industrialaction;(c) notify the management promptly in writing' when dele-gates are appointed, the period for which they holdoffice, the work groups they represent and any changesamong delegates;[The indlusion of this page is authorized by L.N. 96119771
THE LABOUR RELATIONS CODE( 4 in consultation with management provide for the propertraining of delegates and seek to agree on remunerationwhilst attending training courses;(e) consider the selection of a chief delegate to co-ordinateactivities and where there is more than one union, seekagreement with management and that other union forthe co-ordination of delegate activities.(ii) Management shouldnotify delegates of its employment and industrial relationspolicies;consult with delegates on proposed changes in workprogrammes and methods or any other matter directlyaffecting the workers;co-operate with delegates in the performance of theirduties and in particular agree on reasonable time offwith pay bo carry out these duties. Where such timeoff has not previously been agreed on, request by delegates should be made of the immediate supervisor andshould not be unreasonably withheld;make available to delegates a list of new workers andstaff changes of particular interest to the bargaining unit,and offer reasonable facilities to acquaint workers withunion matters.16. Collective Bargaining(i) Collective bargaining is the process whereby workers or theirrepresentatives and management negotiate with a view to reachingagreement on the terms and conditions of employment of the workersconcerned. It should be conducted in an atmosphere of reasonablenessand good faith, and management and unions should take all stepsto ensure that their representatives conduct themselves during negotiations in a manner which will avoid undue acrimony and facilitate thepeaceful and orderly conduct of the negot
THE LABOUR RELATIONS AND INDUSTRIAL DISPUTES ACT THE LABOUR RELATIONS CODE (made under section 3) (Approved by the House of Representatives on the 20th day of L.N. 310176 July, 1976, and by the Senate on the 6th day of August, 1976) [lst day of November, 1976.1 ,, L.N. 335 176 THE LABOUR RELATIONS CODE
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)
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