Labour Act 2003 Act 651

Labour Act, 2003 Act 651
ARRANGEMENT OF SECTIONS
Section
PART I-PRELIMINARY 1.
Scope of application
PART II-PUBLIC EMPLOYMENT CENTRES AND
PRIVATE EMPLOYMENT AGENCIES
2. Establishment of Public Employment Centres and registration of private
employment agencies
3. Functions of the Centres
4. Registration of unemployed persons
5. Employment through Centres or Agencies
6. Employment data
7. Private Employment Agencies
PART III-PROTECTION OF EMPLOYMENT

8. Rights of employers
9. Duties of employers
10. Rights of a worker
11. Duties of workers
12. Contract of employment
13. Written statement of particulars of contract of employment
14. Prohibition ofrestrictive conditions of employment
15. Grounds for termination of employment
16. Types of contract of employment
17. Notice of termination of employment
18. Remuneration on termination of employment
19. Exception
PART IV-GENERAL CONDITIONS OF EMPLOYMENT
Sub-Part I-Annual leave with pay
20. Leave entitlement
21. Continuous service
22. Interruption of work by public holidays, sickness of worker etc.
23. Interruption of work by voluntary communal work, civic duties and
special leave.
24. Sick leave not part of annual leave
25. Leave to be uninterrupted
26. Employer to bear cost of leave interruption
Act 651 Labour Act, 2003
PART VII-EMPLOYMENT OF YOUNG PERSONS
27. Record of employment, leave
28. Worker may take leave in two equal parts 58. Prohibition of employment of young persons in hazardous work
29. Leave entitlement to be restored to suspended worker on reinstatement 59. Health of young persons
30. Termination of employment not to affect leave entitlement earned 60. Registration of young persons
31. Agreement to forgo leave to be void 61. Interpretation
32. Sub-Part not applicable to family concerns PART VIII-FAIR AND UNFAIR TERMINATION OF
Sub-Part II-Hours of work EMPLOYMENT
62. Fair termination
33. Maximum hours of work
63. Unfair termination of employment
34. Different hours of work
64. Remedies for unfair termination 65.
35. Paid Overtime
Redundancy
36. Shifts
66. Exceptions
37. Manuallabourers
38. Unpaid overtime P ART IX-PROTECTION OF REMUNERATION
39. Commencement and dosing of work
67. Payment of remuneration
Sub-Part III-Rest periods 68. Equal pay for equal work
40. Undertakings to which this Sub-Part applies 41. 69. Prohibited deductions
Daily rest period 70. Permitted deductions
42. Weekly rest period 71. Employer not to compel workers to use its store
43. Rest periods not to include public holidays 44. 7L Paid public holidays
Exceptions
P ART X-SPECIAL PROVISIONS RELATING TO TEMPORARY
PART V-EMPLOYMENT OF PERSONS WITH DISABILITY WORKERS
AND CASUAL WORKERS
45. Registration of persons with disability 73. Right to employ and application of this Part
46. Special Incentives 74. Casual worker
47. Notification of employment of persons with disability 75. Temporary worker
48. Particulars of contract of employment 76. Remuneration of temporary and casual workers
49. Persons with disability in public service posts 77. Payment of remuneration for public holidays 78.
50. Employment not to cease upon disablement
Interpretation
51. Length of notice of termination
52. Transfer of persons with disability PARTXI-TRADE UNIONS AND EMPLOYERS'
53. Training ORGANISATIONS
54. Part to be read as one with other relevant enactments
79. Freedom of Association
PART VI-EMPLOYMENT OF WOMEN 80. Formation of trade union or employers' organisation
55. Night work or overtime by pregnant women 81. Organisational rights
56. Prohibition of assignment of pregnant women 57. 82. Independence of trade unions and employers organisations 83.
Maternity, annual and sick leave Application for registration
84. Certificate of registration 3
2
85. Rules of trade unions and employers' organisations
86. Register of trade unions and employers' organisations PART XV-OCCUPATIONAL HEALTH, SAFETY AND ENVIRONMENT
87. Protection against discrimination
118. General health and safety conditions
88. Effect of registration
119. Exposure to imminent hazards
89. Change of Name
120. Employer to report occupational accidents and diseases 121.
90. Amalgamation
Specific measures
91. Registration of change of name and amalgamation 92.
Alteration of rules PARTXVI-LABOUR
93. Federation
INSPECTION
94. Accounts and audit
95. Audited financial statements 122. Labour inspection
123. Appointment of inspectors
PART XII-COLLECTIVE AGREEMENT 124. Powers of labour inspectors
125. Inspectors to maintain confidentiality
96. Collective agreement 126. Obstruction of inspectors
97. Duty to negotiate in good faith
98. Contents of collective agreement
P ART XVII-UNFAIR LABOUR PRACTICES
99. Collective bargaining certificate
100. Variation of certificate 127. Discrimination
101. Negotiating committees 128. Interference by employers in union affairs
102. Negotiations by negotiating committee or joint negotiating committee 129. Employer to facilitate workers trade union business
103. Negotiations may be conducted by a union officer or member 130. Interference that causes financial loss
104. Failure to negotiate 131. Union activities during working hours
105. Effect of collective agreement 132. Complaints
106. Notice of collective agreement to workers
107. Duration of collective agreements PART XVIII-NATIONAL LABOUR COMMISSION
108. Provision for dispute settlement Sub-Part I-Establishment and Functions of the National Labour
109. Power to extend collective agreements Commission
110. Effect of extension of collective agreements 135. Establishment of Commission
111. Union dues 136. Composition of the Commission
137. Qualification of chairperson and other members of the Commission
PART-XIII NATIONAL TRIPARTITE COMMITTEE 138. Functions and independence of the Commission
139. Powers of the Commission
112. Establishment of National Tripartite Committee
140. Meetings of the Commission
113. Functions of the National Tripartite Committee 141. Committees of the Commission
142. Allowances for members of the Commission
114. Meetings of the National Tripartite Committee 143. Tenure of office of members
115. Regional and District Tripartite Committees 144. Regional and District Committees of the Commission
PART XIV-FORCED LABOUR 145. Functions of a Regional or District Committee
146. Meetings of a Regional or a District Committee
116. Prohibition of forced labour 117. 147. Secretariat for the Commission
Interpretation of "forced labour" 4
5
148. Expenditure of the Commission

149. Accounts and audit
150. Reports from Regional and District Labour Committees 151.
Annual reports of the Commission
152. Regulations by the Commission
Sub-Part II-Settlement of industrial disputes
153. Settlement by negotiation
THE SIX HUNDRED AND FIFTY-FIRST
154. Mediation
155. List of mediators and arbitrators
156. Appointment of arbitrators
157. Voluntary arbitration
ACT
158. Arbitration award OF THE PARLIAMENT OF THE REPUBLIC
159. Notice of intention to resort to strike or lockout OF GHANA
160. Strike and lockout .
161. Cooling-off period ENTITLED LABOUR ACT, 2003
162. Essential services AN ACT to amend and consolidate the laws relating to labour, employers,
163. Prohibition of strike or lockout in respect of essential services
trade unions and industrial relations; to establish a National Labour
164. Compulsory reference to arbitration
165. Powers of arbitrators Commission and to provide for matters related to these.
166. Vacancy in arbitration panel DATE OF ASSENT: 8th October, 2003.
167. Publication of compulsory arbitration award and effect of arbitration BE IT ENACTED by Parliament as follows:
awards on existing employment contracts PART I-PRELIMINARY
P ART XIX-STRIKES Scope of application

168. Illegal strike and lockout 1. This Act applies to all workers and to all employers except the Armed
169. Legal effect of lawful strike or lockout Forces, the Police Service, the Prison Service and the Security and
170. Temporary replacement of labour Intelligence Agencies specified under the Security and Intelligence Agencies
171. Picketing Act 1996 (Act 526).
PART XX-MISCELLANEOUS
172. Enforcement of orders of the Commission PART II-PUBLIC EMPLOYMENT CENTRES AND
173. Offences by body of persons FEE-CHARGING EMPLOYMENT AGENCIES Establishment of
174. Regulations Public Employment Centres and registration of private
175. Interpretation employment agencies
176. Modification of existing enactments 2. (1) The Minister shall by Executive Instrument establish Public Em
177. Repeals and amendment ployment Centres for the discharge of the functions stated in section 3.
178. Savings and transitional provisions (2) A Centre established under subsection (1) is answerable to the
179. Commencement Minister.
SCHEDULES
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Act 651 Labour Act, 2003 Labour Act, 2003 Act 561
Functions of the Centres Employment through Centres or Agencies

3. Each Centre shall 5. An employer may employ any worker either through a Centre or a
(a) assist unemployed and employed persons to find suitable em Private Employment Agency.
ployment and assist employers to find suitable workers from
Employment data
among such persons;
(b) take appropriate measures to 6. (l) The Chief Labour Officer or an officer authorised by the Chief
(i) facilitate occupational mobility with a view to adjust Labour Officer shall, submit to every employer a questionnaire relating to
ing the supply of labour to employment opportunities employment of workers by the employer within the respective Centre.
in the various occupations; (2) The employer shall complete and return the questionnaire to the
(ii) facilitate geographical mobility with a view to assisting Chief Labour Officer or the authorised officer within fourteen days after the
the movement of unemployed and employed persons expiry of every three months./
to areas with suitable employment opportunities; and (3) Where an employer fails or refuses to complete and return the
(iii) facilitate temporary transfers of unemployed and em- questionnaire as required under subsection (2) the Chief Labour Officer shall
ployed persons from one place to another as a means direct the employer to do so within a specified time, and the employer shall
of meeting temporary local maladjustment in the sup- comply with the direction.
ply of or demand for unemployed persons;
Private Employment Agencies
(c) assist in social and economic planning by providing labour
7. (1) A person shall not establish or operate a Private Employment
market information to stakeholders to ensure a favourable em
ployment situation; Agency unless that person is a corporate body, has applied to, and has been
(d) provide vocational guidance facilities to young persons; granted a licence by, the Minister.
(e) provide arrangements for the registration, employment, train (2) A licence granted by the Minister under subsection (l) shall, subject
ing and retraining of persons with disability; and to the terms and conditions stipulated in the licence, be valid for a period of
(f) provide arrangements for the registration of employed and un twelve months.
employed persons (3) The licence of an Agency may be renewed for a period of twelve
(i) with recognised technical, vocational or professional months upon application made to the Minister.
qualifications or those without these qualifications but ( 4) There shall be paid by an Agency for the issue or renewal of the
have had experience of a level higher than that of an licence such fee as the Minister may by legislative instrument prescribe.
artisan; (5) An Agency may recruit workers for employment in a country
(ii) who are of the level of supervisors or foremen; outside Ghana if it is authorised to do so under its licence and if there exists
(iii) with e~perience at administrative, managerial or senior an agreement between the Government and that other country.
executive levels; and (6) An Agency shall submit to the Minister not later than fourteen days
(iv) who have received training at the tertiary level. after the end of every three months returns in respect of workers recruited for
Registration of unemployed persons employment, whether in Ghana or outside Ghana, during that period.
4. (1) An unemployed person may make an application in the prescribed (7) An Agency shall refund fifty percent of the fees paid by a client to
form to the appropriate Centre for registration in the appropriate register. the Agency, if the the Agency is unable to secure ajob placement for the
(2) On receipt of the application, the officer in charge of the Centre client after the expiration of three months.
shall enter the particulars of the application in the appropriate register and (8) The Minister shall revoke the licence of any Agency that fails to
issue to the applicant a certificate of registration in the prescribed form. comply with subsection (6).
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(c) have rest, leisure and reasonable limitation of working hours
PART III-PROTECTION OF EMPLOYMENT and period of holidays with pay as well as remuneration for
Rights of employer public
8. Subject to this Act and any other enactment, the rights of an employer holidays;
include the right to (d) form or join a trade union;
(a) employ a worker, discipline, transfer, promote and terminate (e) be trained and retrained for the development of his or her skills;
the employment of the worker; and
(b) formulate policies, execute plans and programmes to set
(j) receive information relevant to his or her work.
targets; (c) modify, extend or cease operations; and
(d) determine the type of products to make or sell and the prices of Duties of workers
its goods and services. 11. Without prejudice to the provisions of this Act, the duties of a worker
Duties of employers in any contract of employment or collective agreement, include the duty to
9. Without prejudice to the provisions of this Act and any other enactment (a) work conscientiously in the lawfully chosen occupation;
for the time being in force, in any contract of employment or collective (b) report for work regularly and punctually;
agreement, the duties of an employer include the duty to (c) enhance productivity;
(a) provide work and appropriate raw materials, machinery, (d) exercise due care in the execution of assigned work;
equipment (e) obey lawful instructions regarding the organisation and
and tools; execution
(b) pay the agreed remuneration at the time and place agreed on in of his or her work;
the contract of employment or collective agreement or by cus- (j) take all reasonable care for the safety and health of fellow
tom without any deduction except deduction permitted by law workers; (g) protect the interests of the employer; and
or agreed between the employer and the worker; (h) take proper care of the property of the employer entrusted to
(c) take all practicable steps to ensure that the worker is free from the
risk of personal injury or damage to his or her health during worker or under the immediate control of the worker.
and in the course of the worker's employment or while lawfully Contract of employment
on the employer's premises; 12. (1) The employment of a worker by an employer for a period of six
(d) develop the human resources by way of training and retraining months or more or for a number of working days equivalent to six months or
of the workers; more within a year shall be secured by a written contract of employment.
(e) provide and ensure the operation of an adequate procedure for (2) A contract of employment shall express in clear terms the rights and
discipline of the workers; obligations of the parties.
(j) furnish the worker with a copy of the worker's contract of em
ployment; Written statement of particulars of contract of employment
(g) keep open the channels of communication with the workers; 13. Subject to the terms and conditions of a contract of employment
and between an employer and a worker, the employer shall within two months
(h) protect the interests of the workers. after the commencement of the employment furnish the worker with \:vr1tten
statement of the particulars of the main terms of the contract of employment
Rights of a worker in the form set out in Schedule 1 to this Act signed by the employer and the
10. The rights of a worker include the right to worker.
(a) work under satisfactory, safe and healthy conditions;
(b) receive equal pay for equal work without distinction of any Prohibition of restrictive conditions of employment
kind; 10 14. An employer shall not in respect11of any person seeking employment, or
(b) in the case of a contract of less than three years, two weeks'
from forming or joining a trade union of his or her choice; notice or two weeks' pay in lieu of notice; or
(h) require that person to participate or refrain from participating in (c) in the case of contract from week to week, seven days' notice.
the lawful activities of a trade union;
(c) refuse to employ the person because of that person's member (2) A contract of employment determinable at will by either party
ship of a trade union; may be terminated at the close of any day without notice.
(3) A notice required to be given under this section shall be in
(d) promise the person any benefit or advantage for not participating
in trade union activities; or writing.
(e) discriminate against the person on grounds of gender, race, (4) The day on which the notice is given shall be included in the
colour, ethnic origin, religion, creed, social or economic status, period of the notice.
disability or politics. Remuneration on termination of employment
Grounds for termination of employment 18. (1) When a contract of employment is terminated in the manner stated
15. A contract of employment may be terminated. in section 15, the employer shall pay to the worker,
(a) by mutual agreement between the employer and the worker; (a) any remuneration earned by the worker before the termination;
(b) by the ,vorker on grounds of ill-treatment or sexual (b) any deferred pay due to the worker before the termination; (c)
harassment; any compensation due to the worker in respect of sickness or
accident; and
(c) by the employer on the death of the worker before the (d) in the case of foreign contract, the expenses and necessaries for
expiration the journey and repatriation expenses in respect of the worker
of the period of employment; and accompanying members of his or her family in addition to
(d) by the employer if the worker is found on medical examination any or all of the payments specified in paragraphs (a), (b) and
to be unfit for employment; (c) of this subsection.
(e) by the employer because of the inability of the worker to carry (2) The employer shall pay to the worker not later than the date of
Types of contractt hi h kd t
of employment expiration of the notice all remuneration due to the worker as at that date.
16. Where by a contract of employment a worker is entitled to be paid, (3) Where no notice is required, the payment of all remuneration due
shall be made not later than the next working day after the termination.
(a) remuneration at a monthly rate, the contract is a contract from
month to month; (4) Notwithstanding section 17(1), either party to a contract of em-
ployment may terminate the contract without notice if that party pays to the
(b) remuneration at a weekly rate, the contract is a contract from other party a sum equal to the amount of remuneration which would have
week to week; or
accrued to the worker during the period of the notice.
(c) remuneration at a rate other than monthly or weekly rate, the Exception
contract is a contract determinable at will.
19. The provisions of sections 15, 16. 17 and 18 are not applicable where in
Notice of termination of employment
a collective agreement there are express provisions with respect to the terms
17. (1) A contract of employment may be terminated at anytime by either and conditions for termination of the contract of employment which are
party giving to the other party, more beneficial to the worker.
(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; 13
PART IV-GENERAL CONDITIONS OF (2) Where a worker is required by the employer to interrupt his or her
leave in the circumstances specified in subsection (1) the worker shall not
EMPLOYMENT Sub-Part I-Annual leave with pay
forfeit the right to the remainder of the leave but shall take the leave anytime
Leave entitlement thereafter.
20. (1) In any undertaking every worker is entitled to not less than fifteen (3) Where a worker takes his or her annual leave at the end of a
working days leave with full pay in any calendar year of continuous service. calendar year, the leave may continue except as provided in subsection (1)
(2) The expression "full pay" means the worker's normal remuneration,
without interruption, into the following year.
without overtime payment, including the cash equivalent of any remuneration in Employer to bear cost of leave interruption
kind. 26. Any employer who requires a worker to interrupt his or her annual
Continuous service leave in the circumstances stated in section 25, shall make up to the worker
21. (1) Continuity of service shall not be regarded as interrupted by mere any reasonable expense incurred on account of the interruption, and also re-
change of ownership or management of the undertaking. sumption of the leave by the worker.
(2) Where the work is not regularly maintained throughout the year, Record of employment, leave
the requirement of continuous service shall be deemed to have been met if 27. (1) A worker shalJ, as much as may be possible, be given notice of the
the worker has worked for not less than two hundred days in the particular date of commencement of his or her annual leave, at least, thirty days before
year. the worker takes the leave.
(2) Every employer is required to keep a record showing the following
Interruption of work by public holidays, sickness of worker particulars,
22. Public holidays and absence from duty due to sickness certified by a (a) the date of employment of each worker employed by the
medical practitioner. and pregnancy and confinement, shall not affect the an- employer and the duration of the annual leave to which the
nualleave entitlement of a worker. worker is entitled;
(b) the dates on which the annual leave is taken by each worker;
Interruption of work by voluntary communal work, civic duties and spe-
and
cialleave
(c) the remuneration received by each worker in respect of the annual
23. A period during which a worker is absent from his or her normal duties
leave.
with the permission of the employer on account of the worker's participation Worker may take leave in two equal parts
in voluntary communal work, the discharge of civic duties or the granting of 28. Without prejudice to the provisions of this Sub-Part, a worker may be
special leave with or without pay, shall not be counted as part of the worker's permitted to take his or her annual leave in two approximate equal parts.
annual leave. Leave entitlement to be restored to suspended worker on reinstatement
Sick leave not part of annual leave 29. Where a worker, suspended from the service of his or her employer
24. A period of absence from work allowed owing to sickness, which is prior to disciplinary or criminal proceedings being taken against him or her is
certified by a medical practitioner, and which occurs after the reinstated, the worker shall be entitled to take the leave he or she would have
had if he or she had not been suspended.
commencement of and during annual leave shall not be computed as part of
the leave. Termination of employment not to affect leave entitlement earned
Leave to be uninterrupted 30. (1) Where the employment of a worker is terminated, the worker is
25. (1) Every worker is entitled to enjoy an unbroken period ofleave but an entitled to annual leave in proportion to the period of service in the calendar
employer, in cases of urgent necessity, may in accordance with this section, year.
require a worker to interrupt his or her leave and return to work.
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(3) A worker shall not be compelled to do overtime work except for
(2) The worker shall not be deprived of any other grants or awards to undertakings or enterprises
which the worker is entitled including payment in lieu of notice of termination. (a) the very nature of which requires overtime in order to be viable; or
(3) Subsections (1) and (2) do not apply to cases where the employer (b) which are subject to emergencies that require that workers
has the right to dismiss a worker without notice. engage in overtime work in order to prevent or avoid threat to
Agreement to forgo leave to be void life and property.
31. Any agreement to relinquish the entitlement to annual leave or to forgo Shifts
such leave is void. 36. 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
Sub-Part not applicable to family concerns day or forty hours a week if there is an established time-table for the shifts.
32. This Sub-Part does not apply to a person employed in an undertaking
in which only members of the family of the employer are employed. Manual labourers
37. (1) The Minister may prescribe shorter hours of work for workers in
Sub-Part II-Hours of work jobs declared to be manual labour and in jobs likely to be injurious to health.
Maximum hours of work (2) Work for which shorter hours are prescribed under section (1)
33. The hours of work of a worker shall be a maximum of eight hours a day shall be deemed to be equivalent to work done on the basis of eight hours a
or forty hours a week except in cases expressly provided for in this Act. day for the purposes of all rights which may flow from the employment.
Different hours of work Unpaid overtime
34. The rules of any undertaking or its branch may prescribe hours of 38. Notwithstanding section 35, a worker may be required to work beyond
work I different from eight hours a day on one or more days in the week, the fixed hours of work without additional pay in certain exceptional circum-
subject to the following, stances including an accident threatening human lives or the very existence
(a) where shorter hours of work are fixed, the hours of work on of the undertaking.
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 Commencement and closing of work
forty hours a week; 39. The time of commencement and closing of a worker's hours of work in
(b) where longer hours of work are fixed the average number of any undertaking shall be fixed by the rules of the undertaking concerned sub-
hours of work reckoned over a period of four weeks or less ject to the following:
shall not exceed eight hours a day or forty hours a week; or (a) in the case of operations underground, work commences when
(c) in the case of an undertaking the work of which is of a the worker enters the cage or lift to go down and ends when the
seasonal nature, where longer hours of work are fixed, the worker leaves it at the surface; and
average number of hours of work over a period of one year (b) in the case of operations underground, where the work place is
shall not exceed eight hours a day except that the hours of reached by going down a gallery, the hours of work is
work which may be fixed under this paragraph shall not reckoned from the time when the worker enters the gallery to
exceed ten hours a day. the time when he or she leaves it at the surface.
Paid overtime Sub-Part III-Rest periods

35. (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 Undertakings to which this Sub-Part applies
undertaking, the additional hours Clone shall be regarded as overtime work. 40. In any undertaking
(2) A worker in any such undertaking may not be required to do over (a) where the normal hours of work are continuous, a worker is
time work unless that undertaking has fixed rates of pay for overtime work.
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Act 651 Labour Act. 2003
entitled to at least thirty minutes break in the course of the
Notification of employment of persons with disability
work, but the break forms part of the normal hours of work;
47. An employer who employs a person with disability shall notifY the
and
nearest Centre of the employment and where the employer fails to do so, the
(b) where the normal hours of work are, in two parts, the break
Chief Labour Officer shall direct the employer to comply.
should not be of less than one hour duration and does not form
part of the normal hours of work. Particulars of contract of employment
48. A contract of employment with a person with disability shall include
Daily rest period the particulars of the job or post, the working hours, amount of
41. (1) Without prejudice to section 40, a worker shall be granted a daily
remuneration,
continuous rest of at least twelve hours duration between two consecutive
transport facilities, and any special privileges which that person shall be
working days.
accorded by virtue of the employment.
(2) The daily rest of the worker in an undertaking operating on a sea-
sonal basis may be of less than ten hours but of not more than twelve hours' Persons with disability in public service posts
duration over a period of at least sixty consecutive days in the calendar year. 49. Persons with disability who enter the public service shall be appointed
on the same terms as persons without disability, irrespective of whether they
Weekly rest period are allowed to work fewer hours; and shall be classified in accordance with
42. A worker shall, in addition to the rest periods provided in sections 40
their previous period of qualifying service for the purposes of promotion and
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, other public service awards.
start from Saturday and end on the Sunday following and shall wherever Employment not to cease upon disablement
possible, be granted to all of the workers of the undertaking. 50. The employment of a person who suffers disability after the employ
Rest periods not to include public holidays ment, shall not cease if his or her residual capacity for work is such that he
43. The rest periods specified in this Sub-Part do not include public or she can be found employment in the same or some other corresponding
holidays. job in the same undertaking, but if no such corresponding job can be found,
the employment may be terminated by notice.
Exceptions
44. This Sub-Part and sections 33 and 34 do not apply to task workers or Length of notice of termination
domestic workers in private homes. 51. The length of notice of termination required to be given in the case of
PART V-EMPLOYMENT OF PERSONS WITH DISABILITY a person with disability shall not be shorter than one month.
Registration of persons with disability Transfer of persons with disability
45. (1) A person with disability may apply to the Centre for registration. 52. (1) Subject to subsection (2), a person with disability in employment
(2) The Centre shall upon registration of a person with disability. 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
issue the person a certificate of registration in a form determined by the corresponding job.
Chief Labour Officer.
(2) The relevant circumstances mentioned in subsection (1) in relation
Special incentive to a person with disability include
46. (1) Special incentives shall be provided to an employer who employs (a) the person's qualifications;
persons with disability. (b) the person's physical condition;
(2) Special incentives shall be given to a person with disability (c) the person's place of residence; and
engaged (d) whether the transfer may worsen the conditions in which the
(3) The special incentives shall be determined by the Minister. person entered the employment.
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Training (2) A woman worker on maternity leave is entitled to be paid her full
53. Where it is necessary to train or retrain a person with disability to remuneration and other benefits to which she is otherwise entitled.
overcome any aspect of his or her disability in order to cope with any aspect (3) The period of maternity leave may be extended for at least two
ofthe person's employment, the employer may provide or arrange at the additional weeks where the confinement is abnormal or where in the course
employer's expense the training or retraining for the person. of the same confinement two or more babies are born.
(4) Where an illness, medically certified by a medical practitioner, is
Part to be read as one with other relevant enactment due to her pregnancy, the woman worker is entitled to additional leave as
54. This Part shall be read as one with any enactment on the employment certified by the medical practitioner.
of persons with disability and where there is a conflict, the provisions of this (5) Where an illness, medically certified by a medical practitioner, is
Part shall prevail. due to her confinement the woman worker is entitled to an extension of the
leave after confinement as certified by the medical practitioner.
PART VI-EMPLOYMENT OF WOMEN (6) A nursing mother is entitled to interrupt her work for an hour during
Night work or overtime by pregnant women her working hours to nurse her baby.
55. (1) Unless with her consent, an employer shall not (7) Interruptions of work by a nursing mother for the purpose of nursing
(a) assign or employ a pregnant woman worker to do any night work her baby shall be treated as working hours and paid for accordingly.
between the hours often o'clock in the evening and seven o'clock (8) An employer shall not dismiss a woman worker because of her
in the morning; absence from work on maternity leave.
(b) engage for overtime a pregnant woman worker or a mother of a (9) In this Part
child of less than eight months old. (a) "night work" in relation to women, means work at any time
within a period of eleven consecutive hours that includes the
(2) The pregnant woman worker or the mother may present a written seven consecutive hours occurring between ten o'clock in the
complaint to the National Labour Commission established under section 135 evening and seven o'clock in the morning but in industrial
against an employer who contravenes subsection (1). undertakings which are influenced by the seasons, the work
(3) The Commission shall investigate the complaint and its decision may be reduced to ten hours in sixty days of the year;
on the matter shall subject to any other law be final. (b) "nursing mother" means a woman with a child suckling at her
Prohibition of assignment of pregnant women breast for a period of not more than one year.
56. (1) An employer shall not assign, whether permanently or temporarily,
a pregnant woman worker to a post outside her place of residence after the PART VII-EMPLOYMENT OF YOUNG PERSONS
completion of the fourth month of pregnancy, if the assignment, in the Prohibition of employment of young persons in hazardous work
opinion of a medical practitioner or midwife, is detrimental to her health. 58. (1) A young person shall not be engaged in any type of employment
(2) The pregnant woman worker may present a written complaint to or work likely to expose the person to physical or moral hazard.
the Commission against the employer who contravenes subsection (1). (2) The Minister may, by legislative instrument determine the type
(3) The Commission shall investigate the complaint and its decision of employment that is likely to expose a young person to physical or moral
on the matter shall, subject to any other law, be final. hazard.
Maternity, annual and sick leave (3) An employer shall not employ a young person in an underground
57. (1) A woman worker, on production of a medical certificate issued by mine work.
a medical practitioner or a midwife indicating the expected date of her (4) A person who contravenes subsection (1) or (3) commits an
confinement, is entitled to a period of maternity leave of at least twelve offence and is liable on summary conviction to a fine not exceeding 100
weeks penalty units.
in addition to any period of annual leave she is entitled after her period of
confinement. 21
20.
Health of young persons (d) due to legal restriction imposed on the worker prohibiting the worker
59. (1) An employer shall not employ a young person on any work unless from performing the work for which he or she is employed.
a medical practitioner has certified that the young person is in good health
and is medically fit for the work. Unfair termination of employment
(2) Where a person fails to comply with subsection (l) the person 63. (1) The employment of a worker shall not be unfairly terminated by
shall be ordered by the Minister to have the medical examination conducted. the worker's employer.
Registration of young persons (2) A worker's employment is terminated unfairly if the only reason
60. (1) An employer in an industrial undertaking shall keep a register of for the termination is
young persons employed by him or her and their dates of birth or their (a) that the worker has joined, intends to join or has ceased to be a
apparent ages. member of a trade union or intends to take part in the activities
(2) The Chief Labour Officer shall direct an employer who fails to of a trade union;
comply with subsection (1) to do so within a specified time, and the (b) that the worker seeks office as, or is acting or has acted in the
employer shall comply with the direction. capacity of, a workers' representative;
(c) that the worker has filed a complaint or participated in proceedings
Interpretation
against the employer involving alleged violation of this Act or
61. In this Part,
"industrial undertakings" include any other enactment;
(a) mines, quarries and other works for the extraction of (d) the worker's gender, race, colour, ethnicity, origin, religion, creed,
minerals from the earth; social, political or economic status;
(b) undertakings in which articles are manufactured, (e) in the case of a woman worker, due to the pregnancy of the
altered, cleaned, repaired, ornamented, finished, worker or the absence of the worker from work during maternity
adapted for sale, broken up or demolished, or in which leave;
materials are transformed, including undertakings (f) in the case of a worker with a disability, due to the worker's
engaged in shipbuilding or in the generation, transfor- disability;
mation or transmission of electricity or motive power (g) that the worker is temporarily ill or injured and this is .certified
of any kind; by a recognised medical practitioner;
(c) undertakings engaged in building and civil engineering (h) that the worker does not possess the current level of
work, including constructional, repair, maintenance, qualification required in ,relation to the work for which the
alteration and demolition work. worker was employed which is different from the level of
PART VIII-FAIR AND UNFAIR TERMINATION OF qualification required at the commencement of his or her
EMPLOYMENT employment; or
Fair termination (i) that the worker refused or indicated an intention to refuse to do
62. A termination of a worker's employment is fair if the contract of any work normally done by a worker who at the time was
employment is terminated by the employer on any of the following grounds: taking part in a lawful strike unless the work is necessary to
(a) that the worker is incompetent or lacks the qualification in prevent actual danger to life, personal safety or health or the
relation to the work for which the worker is employed; maintenance of plant and equipment.
(b) the proven misconduct of the worker;
(c) redundancy under section 65; (3) Without limiting the provisions of subsection (2). a worker's
employment is deemed to be unfairly terminated if with or without notice to
22 23
the employer, the worker terminates the contract of employment (2) Without prejudice to subsection (1), where an undertaking is
(a) because of ill-treatment of the worker by the employer, having closed down or undergoes an arrangement or amalgamation and the close
regard to the circumstances of the case; or down, arrangement or amalgamation causes
(b) because the employer has failed to take action on repeated com (a) severance of the legal relationship of worker and employer as it
existed immediately before the close down, arrangement or
plaints of sexual harassment of the worker at the work place.
amalgamation; and
(4) A termination may be unfair if the employer fails to prove that,
(b) as a result of and in addition to the severance that worker
(a) the reason for the termination is fair; or
becomes unemployed or suffers any diminution in the tenns
(b) the termination was made in accordance with a fair procedure
and conditions
or this Act.
of employment,
Remedies for unfair termination the worker is entitled to be paid by the undertaking at which that worker was
64. (1) A worker who claims that the employment of the worker has been immediately employed prior to the close down, arrangement or
unfairly terminated by the worker's employer may present a complaint to the amalgamation, compensation, in this section referred to as "redundancy pay".
Commission. (3) In determining whether a worker has suffered any diminution in
(2) If upon investigation of the complaint the Commission finds that his or her terms and conditions of employment, account shall be taken of the
the termination of the employment is unfair, it may past services and accumulated benefits, if any, of the worker in respect of the
(a) order the employer to re-instate the worker from the date of the employment with the undertaking before the changes were carried out.
termination of employment; (4) The amount of redundancy pay and the terms and conditions of payment
(b) order the employer to re-employ the worker, either in the work are matters which are subject to negotiation between the employer or a repre-
for which the'worker was employed before the termination or in sentative of the employer on the one hand and the worker or the trade union
other reasonably suitable work on the same terms and concerned on the other.
conditions enjoyed by the worker before the termination; or (5) Any dispute that concerns the redundancy pay and the terms and
(c) order the employer to pay compensation to the worker. conditions of payment may be referred to the Commission by the aggrieved
Redundancy party for settlement, and the decision of the Commission shall subject to any
65. (1) When an employer contemplates the introduction of major changes other law be final.
in production, programme, organisation, structure or technology of an under- Exceptions
taking that are likely to entail terminations of employment of workers in the 66. The provisions of this Part do not apply to the following categories of
undertaking, the employer shall workers:
(a) provide in writing to the Chief Labour Officer and the trade (a) workers engaged under a contract of employment for specified
union concerned, not later than three months before the
period of time or specified work;
contemplated changes, all relevant information including the
(b) worker serving a period of probation or qualifying period of
reasons for any termination, the number and categories of
employment of reasonable duration determined in advance; and
workers likely to be affected and the period within which any
(c) workers engaged on a casual basis.
termination is to be carried out; and
(b) consult the trade union concerned on measures to be taken to PART IX-PROTECTION OF REMUNERATION
avert or minimize the termination as well as measures to Payment of remuneration
mitigate the adverse effects of any terminations on the workers 67. Subject to this Part, every contract of employment shall stipulate that
concerned such as finding alternative employment. the whole of the salary, wages and allowances of the worker shall be made
24
25
payable in legal tender in addition to any non-cash remuneration and (2) No deduction shall be made under subsection (1) (1) unless the
accordingly, a contract of employment that contains provisions to the employer is satisfied,
contrary is void. (a) that the loss or damage has been caused by the worker and the
Equal pay for equal work worker is clearly shown to be responsible;
68. Every worker shall receive equal pay for equal work without (b) that the amount to be deducted is fair and does not exceed the
distinction of any kind. actual value of the loss or damage suffered by the employer or
Prohibited deductions that the amount represents a fair estimate of the loss or damage
69. (1) An employer shall not make any deduction by way of discount, suffered;
interest or any similar charge on account of an advance of remuneration (c) that the worker has been given reasonable opportunity to show
made to a worker in anticipation of the regular period of payment of cause why the deductions should not be made; and
remuneration. (d) that the rate of the deductions is such as to avoid hardship to the
(2) An employer shall not worker and his or her dependants.
(a) impose a pecuniary penalty upon a worker for any cause what (3) Where a worker who is aggrieved by any deduction made by his
soever; or or her employer under subsection (1), is unable to resolve the matter with the
(b) deduct from remuneration due to a worker, any amount whatso- employer, the worker may present a complaint in writing to the Commission.
ever, unless the deduction is permitted by section 70 or by any (4) The Commission shall investigate the complaint and its decision
other law or is by way of repayment of an advance of
on the matter shall subject to any other law be final.
remuneration lawfully made by the employer to the worker.
Employer not to compel workers to use its store
Permitted deductions 71. Where an employer establishes a store for the sale of commodities to
70. (1) An employer may, with the consent of the worker, make any of the
the workers or operates a service for them, the employer shall not coerce the
following deductions from the remuneration of the worker:
(a) any amount due from the worker in respect of contributions to workers to make use of the store or service.
any provident, pension, or other fund or scheme agreed to by Paid public holidays
the worker; . 72. Every worker is entitled to be paid his or her remuneration for public
(b) any financial facility advanced by the employer to the worker at
holidays.
the written request of the worker or any facility guaranteed by
the employer to the worker; PART X-SPECIAL PROVISIONS RELATING TO TEMPORARY
(c) any amount paid to the worker in error, as remuneration, in excess
WORKERS AND CASUAL WORKERS
of what the worker is legitimately entitled to, from the employer;
(d) on the written authority of the worker, any amount due from the Right to employ and application of this Part
worker as membership fee or contribution to an organisation of 73. (1) Subject to this Act, an employer may hire a worker on terms that
which the worker is a member; suit the operations of the enterprise.
(e) for meeting any loss suffered by the employer as a result of the (2) Notwithstanding subsection (1), this Part does not apply to,
loss of, or damage to, any property or thing used in connection (a) piece workers
with, or produced by, the employer's business and which is (b) part-time workers;
under the control of the worker;
(c) sharecroppers;
(j) any deduction in compliance with an order made by the
(d) apprentices;
Commission.
26 27
(e) sea-going personnel in the fishing industry who are wage (2) A temporary worker or a casual worker referred to in subsection
earners; and . (1)(a) is not entitled to 1/27 of his or her minimum monthly remuneration as
(f) any person who works less than an average of twenty-four specified in that paragraph for each day the worker is absent from work
hours a week during the month.
(3) A temporary worker or a casual worker referred to in subsection
Casual worker (1)(b) is not entitled to a twenty-eighth, twenty-ninth, thirtieth or thirty-first
74. (1) A contract of employment of a casual worker need not be in
part of his or her minimum remuneration as specified in that paragraph for
writing.
(2) A casual worker shall each day the worker is absent from work during the month, depending on
(a) be given equal pay for work of equal value for each day worked whether the month consists of twenty-eight, twenty-nine, thirty or thirty-one
in that organization; . days.
(b) have access to any necessary medical facility made available to (4) An employer shall pay a temporary worker or a casual worker the
the workers generally by the employer; full minimum remuneration for each day on which the worker attends work,
(c) be entitled to be paid for overtime work by his or her employer whether or not wet weather prevents the worker from carrying on his or her
in accordance with section 35; and normal work and whether it is possible or not, to arrange alternative work for
(d) be paid full minimum remuneration for each day on which the the worker on such a day.
worker attends work, whether or not the weather prevents the (5) A temporary worker or a casual worker is entitled to be paid for
worker from carrying on his or her normal work and whether it overtime work by his or her employer in accordance with section 35.
is possible or not, to arrange alternative work for the worker on
such a day. Payment of remuneration for public holidays
Temporary worker 77. (1) Every employer shall pay each temporary or casual worker in
75. (1) A temporary worker who is employed by the same employer for a respect of every public holiday the full remuneration which would have been
continuous period of six months and more shall be treated under this Part as a payable to the temporary or casual worker for a full day's work if that day
permanent worker. had not been a public holiday.
(2) Without prejudice to the terms and conditions of employment (2) Where a temporary or casual worker attends and performs work
mutually agreed to by the parties, the provisions of this Act in respect of of a full day or more on a public holiday, the employer shall pay the worker
minimum wage, hours of work, rest period, paid public holidays, night work in addition, the remuneration which would have been payable to the
and sick leave are applicable to a contract of employment with a temporary temporary or casual worker for the work if that day had not been a public
worker. holiday.
Remuneration of temporary and casual workers (3) Where a temporary or casual worker attends and performs work
76. (1) Subject to this section, the minimum remuneration of a temporary for part only of a public holiday, the employer shall pay the worker in
worker or a casual worker shall be determined as follows: addition to the remuneration provided under subsection (1), the proportion of
(a) where a temporary worker or a casual worker is required to the remuneration for a full day's work on that day if that day had not been a
work on week-days only, the minimum monthly remuneration public holiday, represented by the number of hours for which the temporary
is the amount represented by the worker's daily wage or casual worker has performed work.
multiplied by twenty-seven;
(b) where a temporary worker or a casual worker is required to (4) Any payment required to be made under subsection (1), (2) or (3)
work every day in the week, the minimum monthly in respect of a public holiday shall be made after the public holiday in the
remuneration is the amount represented by three hundred and same manner as the worker is normally paid.
28wage divided by twelve.
sixty-five times his daily 29
(4) In determining whether a worker falls within the class of workers

(5) When an employer fails to comply with subsection (1), (2), (3) or
referred to in subsection (2), the parties shall consider the organisational
(4), the temporary worker or the casual worker aggrieved by the non-
structure and job descriptions or functions of the worker concerned.
compliance
of the employer may present a written complaint to the Commission Formation of trade union or employers' organisation
for determination and the parties shall abide by the decision of the 80. (1) Two or more workers employed in the same undertaking may form
Commission. a trade union. /
(6) The Commission may order the employer to pay, such sum as
(2) Two or more employers in the same industry or trade, each of
appears to the Commission to be due to the temporary worker or the whom employs not less than fifteen workers may form or join an-employers
casual organisation.
worker on account of any remuneration payable to him or her under
this section, and may in that order specify the time within which the payment Organisational rights
shall be made. 81. Every trade union or employers' organisation has the right to
(a) draw up its constitution and rules, elect its officers and repre
Interpretation
sentatives;
78. In this Part
(b) organise its administration and activities and formulate its own
"temporary worker" means a worker who is employed for a
continuous period of not less than one month and is not a programmes;
permanent worker or employed for a work that is seasonal in (c) take part in the formulation, and become a member of any
character federation of trade unions or employers' organisation and
"casual worker" means a worker engaged on a work which is sea- participate in its lawful activities; and
sonal or intermittent and not for a continuous period of more (d) affiliate to and participate in the activities of, or join an interna
than six months and whose remuneration is calculated on a tional workers' or employers' organisations.
daily basis. Independence of trade unions and employers organisations
PARTXI-TRADE UNIONS AND EMPLOYERS' ORGANISATIONS 82. A trade union or an employers' organisation shall not be subject to the
Freedom of Association control of or be financially or materially aided by a political party.
79. (1) Every worker has the right to form or join a trade union of his or Application for registration
her choice for the promotion and protection of the worker's economic and 83. (1) A trade union or employers' organisation shall apply in writing to
social interests. the Chief Labour Officer to be registered.
(2) Notwithstanding subsection (1), a worker whose function is (2) An application for registration under subsection (1) shall be
normally submitted with the constitution, rules, names of officers and office address of
considered as the trade union or employers' organisation.
(a) policy making; (3) If, after considering the application, the Chief Labour Officer is
(b) decision making; satisfied that
(c) managerial; (a) there has been compliance with subsection (2);
(d) holding a position of trust; (b) the applicant is a trade union or employers' organisation duly
(e) performing duties that are of highly confidential nature; or established under any enactment for the time being in force
(f) an agent of a shareholder of an undertaking, may not form or as a body corporate;
join trade unions.
(3) Subject to subsection (4), the classes of workers referred to in 31
30
(c) the internal organisation of the trade union or employers' Register of trade unions and employers' organisations
86. The Chief Labour Officer shall keep and maintain a register of trade
organisation conforms to democratic principles;
unions and employers' organisations, in which shall be entered the
(d) the name of the trade union or employers' organisation does not prescribed particulars relating to them and any alterations or changes
closely resemble that of another registered trade union or affecting them.
employers' organisation, so as to mislead or confuse the public;
(e) the rules of the trade union or employers' organisation are in Protection against discrimination
87. (1) A trade union or employers' organisation shall not discriminate in
conformity with section 85; and
its constitution or rules against any person on grounds of race, place of
(f) the constitution or rules of the trade union or employers' origin, political opinion, colour, religion, creed, gender or disability.
organisation do not discriminate on the grounds stated in (2) The Chief Labour Officer shall not register a trade union or
section 87 against any person, employers' organisation which contravenes subsection (1), unless the trade
the Chief Labour Officer shall register the trade union or employers' union or employers' organisation takes steps to rectify the defect in its
organisation. constitution or rules within a period specified by the Chief Labour Officer.
Certificate of registration Effect of registration
84. A trade union or an employers' organisation registered under section 88. The rights and powers conferred on trade unions or employers'
81 shall be issued with a certificate of registration by the Chief Labour organisations under this Act shall be exercised only if the trade unions or
Officer. employers' organisations are registered in accordance with this Part.
Change of name
Rules of trade unions and employers' organisations 89. (1) A trade union or an employers' organisation may change its name
85. The rules of a trade union or an employers' organisation shall include in accordance with the requirements of its constitution or rules.
provisions in respect of the following matters: (2) A change of name shall not affect any rights or obligations of the
(a) the name of the trade union or organisation; trade union or employers' organisation or its member otherwise the change
(b) the registered office to which correspondence and notices may will not be valid.
be addressed; Amalgamation
(c) the principal objects of the trade union or employers' 90. Any two or more trade unions or employers' organisations may in
organisation; accordance with the requirements of their constitutions or rules, amalgamate
(d) the qualifications for membership; to form one trade union or employers' organisation.
(e) the grounds on which an officer or a member may be suspended Registration of change of name and amalgamation
or dismissed from office or membership; 91. (1) A written notice concerning a change of name or amalgamation
(f) the procedure for suspension or dismissal of an officer or a duly signed by officers of the trade union or employers' organisation or the
member; amalgamated trade union or employers' organisation shall be registered with
(g) the membership fees and other subscriptions payable; the Chief Labour Officer within fourteen days after the change of name or
(h) the manner of dissolution of the trade union or employers' amalgamation.
organisation and disposal of its assets; (2) The Chief Labour Officer shall direct the officer of a trade union
(i) the manner of altering, amending or revoking its constitution or or employers' organisation which fails to comply with subsection (1) to do so
rules; and within a period specified by the Chief Labour Officer, and the officer shall
(j) the powers, function;') and duties of officers of the trade comply with the direction failing which the change shall not be valid.
union or employers' organisation.
32
Alteration of rules Duty to negotiate in good faith

92. (1) Any alteration of the rules of a trade union or an employers' organisation 97. (I) All parties to the negotiation of a collective agreement shall
shall be registered with the Chief Labour Officer by the trade union or the
negotiate
in good faith and make every reasonable effort to reach an agreement.
employers' organisation.
(2) For the purpose of subsection (1), either party to the negotiation
(2) The Chief Labour Officer shall direct the officer of the trade union or shall make available to the other party information relevant to the subject
employers' organisation which fails to comply with subsection (1) to do so within a matter of the negotiation.
period specified by the Chief Labour Officer, and the officer shall comply with the (3) When any information disclosed for the purpose of the
direction. l1egotiation of a collective agreement is not made public, the information
shall be treated as confidential by the party receiving the information and
Federation shall not be disclosed to a third party without the prior written consent of the
93. A federation of trade unions or a federation of employers' organisation shall party providing the information.
be subject to all the provisions of this Act applicable to trade unions or employers' (4) The parties to the negotiation of a collective agreement shall not
organisations. make false or fraudulent misrepresentations as regards matters relevant to the -.r
Accounts and audit negotiations.

Contents of collective agreement
94. (1) A trade union or an employers' organisation registered under this Act
98. Without prejudice to the other provisions of this Act and subject to any
shall
(a) keep books and records of accounts of its income, expenditure, agreement between the parties, a collective agreement may include provisions
assets and liabilities; and on the following matters:
(b) prepare annual financial statements consisting of all income (a) the class or category of workers to which it relates;
and expenditure statements in respect of each financial year of (b) the conditions of work, including the hours of work, rest period,
the trade union or employers' organisation and a balance sheet meal breaks, annual leave, occupational health and safety
showing its assets, liabilities and financial position at the end measures;
of that financial year. (c) the remuneration and the method of calculating the remuneration
(2) The books and records of accounts and financial statements shall of the workers;
be audited within six months after the end of its financial year by an auditor (d) the period of probation and conditions of probation;
appointed by the trade union or employers' organisation. (e) the period of notice of termination of employment, transfer and
discipline;
Audited financial statements (j) the procedures for the avoidance and settlement of disputes
95. A trade union or an employers' organisation shall, within seven months arising out of the interpretation, application and administration
after the end of its financial year, submit to the Chief Labour Officer a copy of the agreement;
of its audited financial statement. (g) the principles for matching remuneration with productivity; and
(h) the essential services within the establishment.
PART XII-COLLECTIVE AGREEMENT
Collective bargaining certificate
Collective agreement
99. (1) A trade union shall make an application to the Chief Labour Officer for a
96. Subject to the provisions of this Act, a collective agreement relating to the
certificate appointing that trade union as the appropriate representative to conduct
terms and conditions of employment of workers, may be concluded between one or
negotiations on behalf of the class of workers specified in the collective bargaining
more trade unions on one hand and representatives of one or more employers or
certificate with the employers of the workers.
employers' organisations on the other hand.
35
(2) The issuance of an amending certificate shall not affect the membership
(2) An application made under subsection (1) shall include
of a standing negotiating committee or a joint standing negotiating committee
(a) the description of the class of workers in respect of whom the
appointed under section 101, but the employer or workers of the class specified in
application is made and their estimated number; and the certificate as varied by the amending certificate, may nominate representatives
(b) the number of workers of that class who are members of the to act either in the place of or together with their existing representatives.
trade union by whom the application is made. (3) When an amending certificate is issued, the Chief Labour Officer shall
(3) The class of workers may be specified in a certificate issued cause a copy of the amending certificate to be published in the Gazette.
under this section by reference to the employer of the workers or to the (4) When an amending certificate is issued extending the class of
occupation of the workers or in any other manner sufficient to identify them. workers specified in the original certificate, and there is in force a collective
(4) The Chief Labour Officer shall subject to regulations made by the agreement which applies to all workers of the class specified in the original
Minister, determine which union shall hold a collective bargaining certificate certificate, the trade union named in the certificate shall take such steps as appear to
for the class of workers in a situation where there is more than one trade union it to be appropriate for bringing that agreement to the attention of all the workers to
at the work place. whom the agreement is extended by the amending certificate.
(5) A collective bargaining certificate will be issued to a union for the (5) When an amending certificate is issued excluding any persons from the
same class of workers at a particular time. class of workers specified in the original certificate, and there is in force a collective
(6) A certificate issued under this section shall have effect not with agreement which applied to those persons, the amending certificate shall not affect
that application of the agreement to them, or any right to vary it, but a collective
standing that some of the workers of the class specified are not members of agreement made after the issue of the amending certificate by another trade union
the trade union appointed under the certificate. shall have effect notwithstanding anything in the previous agreement.
(7) A certificate issued under this section shall be published in the
Negotiating committees
Gazette by the Chief Labour Officer.
101. (1) The trade union appointed in a certificate issued under section 99 and the
(8) At any time after the issue of a certificate under this section, the Chief employer of the workers of the class to which the certificate relates shall each
Labour Officer may nominate their representatives authorised to conduct negotiations on their behalf,
(a) at the request of either the trade union or employer's organisation; and the representatives shall constitute a standing negotiating committee to
and negotiate on matters referred to it.
(b) after consultation with the trade union or employers' organization, (2) A standing negotiating committee referred to in subsection (1)
withdraw the certificate without affecting the right of the trade union to apply for shall make rules governing its procedure.
(3) A standing negotiating committee or joint standing negotiating
a fresh certificate under this section.
committee set up under this section shall have the power to appoint subcommittees
(9) A trade union which is dissatisfied or aggrieved with a decision of to which it may delegate any of its functions under this Act.
the Chief Labour Officer under Parts XI or XII of this Act may apply to the
Negotiations by negotiating committee or joint negotiating committee
National Labour Commission for redress.
102. (1) Negotiations on all matters connected with the employment or non-
Variation of certificate
employment or with the terms of employment or with the conditions of employment
100. (1) At any time after the issue of a certificate under section 99 the of any of the workers of the class specified in a certificate issued under. section 99,
Chief Labour Officer may, after consultation with the trade union named in the shall be conducted through the standing negotiating committee or the joint standing
certificate and the appropriate employers' organisation, issue an amending negotiating committee as the case may be.
certificate varying the class of workers specified in the certificate and any
reference in this Act to a certificate issued under section 99 shall be deemed
to include such a certificate as amended under this section.
37
36
(2) Either party represented on the committee may give notice to the (2) The provisions of a collective agreement concerning the terms of
other party requiring them to enter into negotiations on any matters which employment and termination of employment, and personal obligations
may properly be dealt with by the committee. imposed on, and rights granted to, a worker or employer shall be regarded as
(3) An agreement concluded between the parties shall be in writing terms of a contract of employment between each worker to whom the
provisions
and signed by a duly authorised member of the committee representing each
apply and his or her employer.
party and two copies of the agreement shall be deposited with the
Commission and the Chief Labour Officer. (3) Any provisions that have effect as terms of a contract of
employment
Negotiations may be conducted by a union officer or member under subsection (2), shall continue to have effect after the
103. (1) Without prejudice to section 101, an officer or a member of a expiration of the collective agreement, so long as they have not been varied
trade union who is duly appointed by his or her trade union, may conduct by agreement of the
negotiations on any matter connected with the employment or non-employ- parties or in pursuance of this Act.
ment or terms of employment or conditions of employment of any worker (4) The rights conferred on a worker by a collective agreement shall not be
who belongs to the class of workers specified in the certificate. waived by the worker and, if there is any conflict between the terms of
(2) A person conducting negotiations under this section may give a collective agreement and the terms of any contract not contained in the collective
, notice to the parties requiring them to enter into negotiations on any matters which
agreement, the collective agreement shall prevail unless the terms of the contract
may be properly dealt with by the person and it shall be the duty of both are more favourable to the worker; and it is immaterial whether or not the contract
was concluded before the collective agreement.
parties to make every reasonable effort to come to an agreement on the
matters to which the notice relates. (5) The withdrawal of a certificate appointing a trade union under
(3) An agreement concluded between the parties shall be in writing subsection (8) of section 99 shall not affect the validity of a collective agree
and signed by the person conducting the negotiations. ment made by the trade union before the certificate was withdrawn, but any
(4) Rules made under subsection (2) of section 101 may be applicable collective agreement which is made by another trade union after the
to negotiations conducted under this section and to other matters relating to withdrawal of the certificate shall have effect notwithstanding anything in the
previous agreement.
such negotiations,
Failure to negotiate Notice of collective agreement to workers
104. If the party on whom a notice is served under subsection (2) of 106. The parties to the negotiations shall bring the terms of the concluded
section 102 or subsection (2) of section 103, does not within fourteen days collective agreement to the notice of all the workers concerned.
after service of the notice take any steps to enter into negotiations, the Duration of collective agreements
Commission shall direct the party to enter into negotiations immediately, and 107. (1) Every collective agreement concluded under section 103 shall be for a
the party shall term of at least one year. (2) A party to a collective agreement shall not give notice
. comply with the directive. under section 102 requiring the other party to negotiate with respect to any matter
Effect of collective agreement governed by a collective agreement unless, at the time when the notice is served,
105. (1) An agreement concluded by a trade union through a standing 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
negotiating committee or a joint standing negotiating committee shall, so far the notice.
as the terms of the agreement permit, apply to all workers of the class 3) Where no notice is given under subsection (2) by either party within thirty days
specified in the certificate. after the expiration of the collective agreement, the collective agreement shall be
deemed to have continued in force until rescinded by the parnes.
38 39
Provision for dispute settlement Effect of extension of collective agreements
108. Every collective agreement shall contain a provision for final and 110 (1) Any directive issued under section 109 that extends the provisions
conclusive settlement under Part XVIII of this Act of all differences between of a collective agreement on terms of employment and termination of
the persons to whom the agreement applies. employment, and personal obligations imposed on, and rights granted to, a
worker, shall be regarded as terms of a contract of employment between each
Power to extend collective agreements worker to whom those provisions apply and his or her employer.
109. (1) Where it appears to the Chief Labour Officer that (2) The terms of a contract of employment under subsection (1) shall
(a) all or any of the terms of a collective agreement are suitable for continue to have effect after the directive ceases to have effect so long as
application to a class of workers who are engaged in the same those provisions have not been varied by agreement between the parties or in
kind of work, or who work in the same area, as the workers to pursuance of this Act.
whom the collective agreement applies; and (3) The rights conferred on a worker by any directive issued under
(b) that the parties who concluded the agreement were sufficiently section 109 shall not be waived by the worker and, if there is any conflict
representative of the workers to whom the agreement is to between the term extended by the directive and the terms of any contract, the
directive shall prevail, unless the terms of the contract are more favourable to
apply and their employers,
the worker.
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
Union dues
as they apply in relation to workers of the class specified in the certificate
111. (1) A trade union to which this section applies may issue to the
and their employers.
employer of any workers who are members of that trade union, a notice in
(2) The Chief Labour Officer shall not issue any directive under the form in Schedule II to this Act requesting the employer
subsection (1) unless, three months before issuing the directive, the Chief (a) to deduct from the wages of his or her workers covered by a
Labour Officer has, after consultation with the appropriate employers' certificate issued under section 99, the sums specified by the
organisations and the trade unions concerned, published in the Gazette, a trade union; and
notice (b) to pay over the sums deducted as may be directed by the trade
(a) describing the class of workers to whom it is proposed to apply union, and, subject to this section, the employer shall comply
the agreement, setting out the text of the collective agreement; with the notice.
and (2) A trade union to which this section applies may, on issuing a
(b) giving particulars of the manner in which and time within notice in the form in Schedule II to this Act or subsequently, issue a further
which objections to the proposal may be submitted to the Chief notice requesting the employer, out of the amounts which the employer is to
Labour Officer. pay over to the trade union, to remit a proportion stated in the notice directly
(3) The Chief Labour Officer shall take appropriate steps to bring the to a specified branch of the trade union.
contents of the notice to the attention of employers and workers affected by (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
the proposals.
trade union to pay dues to that trade union.
(4) The Chief Labour Officer shall not issue any directive under sub
(4) A sum which an employer has in accordance with a notice under thi.s
section (1) applying the terms of an agreement to workers who were not in
section deducted from the wages of a worker to the trade union shall be
the class described in the notice given under subsection (2).
paid over not more than one month after the date on which the wages are
(5) Where a collective agreement, the terms of which are applied by
paid, and the trade union may sue in its own name for any sum which ought
any directive issued under subsection (1) ceases to have effect, the directive!
to have been paid to the trade union.
shall cease to have effect on the same date.
40 41
PART-XIII NATIONAL TRIPARTITE COMMITTEE Regional and District Tripartite Committees
115. (1) The National Tripartite Committee may set up sub-committees of
Establishment of National Tripartite Committee the Committee in such Regions and Districts as it considers necessary for the
112. There is hereby established a National Tripartite Committee which effective performance of its functions.
shall be composed of (2) The composition of a Regional or District sub-committee of the
(a) the Minister who shall be the chairperson; National Tripartite Committee shall be determined by the Committee except
(b) five representatives of the Government; that there shall be equal representation of Government, organized labour and
(c) five representatives of employers' organisations; and employers' organizations.
(d) five representatives of organised labour. (3) The Ministry shall provide a sub-committee with such secretarial
services as the sub-committee may require.
Functions of the National Tripartite Committee
113. (1) The National Tripartite Committee shall PART XIV-FORCED LABOUR
(a) determine the national daily minimum wage: Prohibition of forced labour
(b) advise on employment and labour market issues, including 116. (1) A person shall not be required to perform forced labour.
labour laws, international labour standards, industrial relations (2) It is an offence for an employer to exact or cause to be exacted, or
permit to be exacted, for his or her benefit forced labour from any worker.
and occupational safety and health;
(3) Any employer convicted of an offence under subsection (2) is
(c) consult with partners in the labour market on matters of social liable to a fine not exceeding 250 penalty units.
and economic importance; and
(e) perfonn such other functions as the Minister may request for the Interpretation of "forced labour"
promotion of employment development and peace in the labour 117. In this Part "forced labour" means work or service that is exacted
sector. from a person under threat of a penalty and for which that person has not
(2) The Minister shall publish in the Gazette and in such public offered himself or herself voluntarily, but does not include
media as the Minister may determine, a notice of the national daily minimum (a) labour required as a result of a sentence or order of a court;
wage determined under subsection (l). (b) labour required of a member of a disciplined force or service as
his or her duties;
(3) The Ministry shall provide the National Tripartite Committee
(c) labour required during a period when the country is at war or in
with such secretarial services as the Committee may require for the effective
the event of an emergency or calamity that threatens life and
performance of its functions. well-being of the community, to the extent that the requirement
Meetings of the National Tripartite Committee of the labour is reasonably justifiable in circumstances of a
situation arising or existing during that period for the purpose
114. (1) The National Tripartite Committee shall meet at times and at places
of dealing with the situation; or
determined by the members but shall meet at least once in every three (d) labour reasonably required as part of normal communal or other
months. civic obligations.
(2) The quorum for a meeting of the National Tripartite Committee
shall be nine members with at least two members each representing the PART XV-OCCUPATIONAL HEALTH, SAFETY AND
Government, organised labour and employers organisations. ENVIRONMENT
(3) The National Tripartite Committee may invite any interest General health and safety conditions
group to attend any of its meetings. 118. (1) It is the duty of an employer to ensure that every worker employed by
(4) Except as otherwise provided in this section, the National Tripartite him or her works under satisfactory, safe and healthy conditions.
Committee shall regulate its proceedings.
42 43
Labour Act, 2003 Labour Act, 2003 Act 651
Act 651
(2) Without limiting the scope of subsection (1), an employer shall
Exposure to imminent hazards
(a) provide and maintain at the workplace, plant and system of work 119. (1) When a worker finds himself or herself in any situation at the
that are safe and without risk to health; workplace which she or he has reasonable cause to believe presents an
(b) ensure the safety and absence of risks to health in connection imminent and serious danger to his or her life, safety or health, the worker
with use, handling, storage and transport of articles and sub shall immediately
stances; report this fact to his or her immediate supervisor and remove himself or
(c) provide the necessary information, instructions, training and herself from the situation.
supervision having regard to the age, literacy level and other (2) An employer shall not dismiss or terminate the employment of a
circumstances of the worker to ensure, so far as is reasonably worker or withhold any remuneration of a worker who has removed himself
practicable, the health and safety at work of those other workers or herself from a work situation which the worker has reason to believe
engaged on the particular work; presents imminent and serious danger to his or her life, safety or health.
(3) An employer shall not require a worker to return to work in
(d) take steps to prevent contamination of the workplaces by, and
circumstances where there is a continuing imminent and serious danger to
protect the workers from, toxic gases, noxious substances, the life, safety or health of the worker.
vapours, dust, fumes, mists and other substances or materials
likely to cause risk to safety or health; Employer to report occupational accidents and diseases
(e) supply and maintain at no cost to the worker adequate safety 120. An employer is required to report as soon as practicable and not later
appliances, suitable fire-fighting equipment, personal protective than seven days from the date of the occurance to the appropriate
government agency, occupational accidents and diseases which occur in the
equipment, and instruct the workers in the use of the appliances
workplace.
or equipment;
(f) provide separate, sufficient and suitable toilet and washing Specific measures
facilities and adequate facilities for the storage, changing drying 121. The Minister may by legislative instrument make Regulations
and cleansing from contamination of clothing for male and providing for specific measures to be taken by employers to safeguard the
female workers; health and safety of workers employed by them.
(g) provide adequate supply of clean drinking water at the work PART XVI-LABOUR INSPECTION
place; and Labour inspection
(h) prevent accidents and injury to health arising out of, connected 122. There shall be carried out inspection to
with, or occurring in the course of, work by minimizing the (a) secure the enforcement of the provisions of this Act relating to
causes of hazards inherent in the working environment. conditions of work and the protection of workers at their workplaces,
(3) It is the obligation of every worker to use the safety appliances, including the provisions relating to hours of work, wages, safety,
fire-fighting equipment and personal protective equipment provided by the health and welfare of the workers and the employment of young
employer in compliance with the employer's instructions. persons;
(4) An employer shall not be liable for injury suffered by a worker (b) provide technical information and advice to employers and workers
who contravenes subsection (3) where the injury is caused solely by concerning the most effective means of complying with the
noncompliance by the worker. provisions of this Act;
(5) An employer who, without reasonable excuse, fails to discharge (c) bring to the notice of the Labour Department or the Commission
any of the obligations under subsection (1) or (2) commits an offence and is any defects of this Act; and
liable on summary conviction to a fine not exceeding 1000 penalty units or to (d) report to the Labour Department or the Commission other
imprisonment for a term not exceeding 3 years or to both. unfair labour practices or abuses not specifically provided for
44 45
Appointment of Inspectors (3) The decision of the Minister on the appeal shall subject to any
123. Inspectors shall be appointed by the appointing authority of the Civil other law be final, and the employer shall abide by the decision and any
Service for the purposes specified in this Act. related consequential order made.
(4) Where an appeal is lodged under subsection (2) the Minister shall
Powers of labour inspectors
direct the employer to take such interim measures as the employer considers
124. (1) An inspector has power to
(a) enter freely and without notice at any hour of the day or night to necessary to avert any danger or threat of danger to the health or safety of the
inspect any workplace during working hours; workers pending the determination of the appeal.
(b) enter during the day or night any premises which the inspector (5) An employer directed under subsection (1)(h) to carry out any
has reason to believe are subject to inspection; alterations who does not appeal to the Minister against the direction shall
(c) carry out any examination, test or inquiry the inspector considers (a) in the case of imminent danger to health or safety of workers,
necessary in order to ensure that the provisions of this Act and carry out the alterations immediately; or
Regulations made under this Act are complied with; (b) where the period for the carrying out of the alterations, is specified,
(d) interview, either alone or in the presence of witnesses, any carry out the alterations before the expiration of the period.
employer or worker on any matter concerning the application (6) An employer who fails to comply with a decision or order of the
and compliance with the provisions of this Act and Regulations Minister or an inspector under subsection (2) or (4) commits an offence and
made under it; is liable on summary conviction to a fine not exceeding 250 penalty units and
(e) require the production of any books, registers or other in addition shall be liable to pay compensation to any person who proves that
documents which relate to the terms and conditions of
he or she has suffered any loss, damage or injury as a result of the non-
employment of the workers, in order to ascertain that these are
compliance by the employer.
in conformity with this Act and Regulations made under it and
to copy the documents Inspectors to maintain confidentiality
or make extracts from them; 125. (l) An inspector shall not
(j) enforce the posting of notices required by or under this Act; (g) (a) have direct or indirect interest in any undertaking he or she is
take or remove for purposes of analysis samples of materials required to inspect;
and hazardous or chemical substances used or handled by (b) divulge during or after termination of his or her service, any
workers in the course of their employment; and manufacturing or commercial secrets or working processes or
(h) direct employers to carry out alterations to buildings,
confidential information which may have come to his or her
installations and plant necessary to avert any danger or threat of
knowledge in the course of his or her duties;
danger to the health or safety of the workers within such period
as may be specified in the direction, but no such period shall be (c) disclose the source of any complaint by which the inspector is
allowed if the inspector is of the opinion that there is an informed of any contravention of the provisions of this Act or
imminent danger to the health or safety of the workers. Regulations made thereunder or intimate to the employer or the
(2) An employer who is directed under subsection (1 ) (h) to carry out employers' representative that an inspection was carried out in
any alterations may, consequence of such complaint.
(a) where the period within which the alterations are to be carried . . (2) An inspector who contravenes subsection (1) commits an offence
out is specified, appeal to the Minister against the direction and liable on summary conviction to a fine not exceeding 500 penalty units
within or to Imprisonment for a term not exceeding 2 years or to both.
seven days before the expiration of the period; or
(b) where no period is specified, appeal not later than seven days
after the direction, against
46 the direction, to the Minister. 47
Act 651 Labour Act. 2003 Labour Act. 2003 Act 651
Obstruction of inspectors Interference that causes financial loss
126. Any person who willfully obstructs a labour inspector in the perfor- 130. Subject to the other provisions of this Act, if a worker carries on any
mance of his or her functions under this Act commits an offence, and is activity intended to cause serious interference with the business of his or
liable on summary conviction to a fine not exceeding 250 penalty units or to her employer that may result in financial loss, the worker is guilty of unfair
imprisonment not exceeding 12 months or to both. labour practice.
Union activities during working hours
PART XVII-UNFAIR LABOUR PRACTICES
131. (1) An officer of a trade union or any other person shall not during
Discrimination normal working hours attempt to persuade or induce a worker, not
127. (1) A person who discriminates against any person with respect to the covered by
employment or conditions of employment because that other person is a a collective agreement, to become a member or an officer of a trade
member or an officer of a trade union is guilty of unfair labour practice. union while the worker is on the premises of his or her employer, without
(2) A person who seeks by intimidation, dismissal, threat of the consent of the employer.
dismissal, or by any kind of threat or by imposition of a penalty, or by giving
or offering (2) An officer of a trade union or any other person shaH not during
to give a wage increase or any other favourable alteration of terms of normal working hours confer with an employee on trade union matters while
employment, or by any other means, seeks to induce a worker to refrain from the worker is on the premises of his or her employer without the consent of
becoming or continuing to be a member or officer of a trade union is guilty of the employer.
Commission to make orders
unfair labour practice.
(3) A worker or group of workers who by any kind of threat seeks to 133. (1) Where the Commission finds that a person has engaged in an
intimidate the employer during negotiations of a collective agreement is unfair labour practice it may, if it considers fit, make an order forbidding the
guilty of unfair labour practice.
person to engage or continue to engage in such activities as it may specify
(4) Employers or employer's organisations who seek by any kind of
threat to intimidate the worker during negotiations of a collective agreement in the order.
are guilty of unfair labour practice. (2) Where the Commission finds that a person has engaged in an unfair
Interference by employers in union affairs labour practice under section 127 which involves the termination of
128. An employer who takes part in the formation of a trade union or, employment of a worker, the alteration of his or her employment or of the
with the intention of adversely influencing a trade union, makes any conditions of his or her employment, the Commission may, if it considers
contribution, in money or money's worth, to that trade union, is guilty of fit, make an order requiring the worker's employer
unfair labour practice.
(a) to take such steps as may be specified in the order to restore the
Employer to facilitate workers trade union business
position of the worker; and
129. (1) An employer shall, subject to notice of not less than twenty four
hours, allow any officer of a trade union whose members include any of his (b) to pay to the worker a sum specified in the order as compensation
or her workers, reasonable facilities and time to confer with the employer or for any loss of earnings attributed to the contravention.
workers on matters affecting the members of the trade union who are his or
her workers and an employer who fails to give reasonable facilities and time
is guilty of unfair labour practice.
(2) In this section "reasonable facilities" means such facilities as the
employer and his or her workers may agree are reasonably required for the
purposes stated in subsection (1).
48
Labour Act, 2003
Act 651
(3) Where the Commission finds that a person has engaged in an unfair Functions and independence of the Commission
labour practice underssection128 by making s contribution to a trade union, the 138. (1) The functions of the Commission are as follows:
commission may, if it considers fit, order that the trade union refund the contribution. (a) to facilitate the settlement of industrial disputes;
(4) For the purposes of enforcing an order of the commission under this (b) to settle industrial disputes;
section, the order shall have effect as if were made by the High Court. (c) to investigate labour related complaints, in particular unfair labour practices and
take such steps as it considers necessary to prevent labour disputes;
Appeals (d) to maintain a data base of qualified persons to serve as mediators and arbitrators;
134. A person aggrieved by an order, direction or decision made or gives by the (e) to promote effective labour co-operation between labour and management; and
Commission under section 133 may, within fourteen days of the making or giving of the (f) to perform any other function conferred on it under this Act or any other enactment.
order, direction or decision, appeal to the Court of Appeal.
(2) In the exercise of its adjudicating and dispute settlement function, the Commission shall
PART XVIII-NATIONAL LABOUR COMMISSION not be subject to the control or direction of any person or authority.
Sub-Part I Establishment and function of the National Labour Commission
Powers of the Commission
Establishment of Commission 139. (1) The Commission shall exercise the following powers:
135. There is established by this Act a National Labour Commission referred to in this (a) receive complaints from workers, trade unions, and employers,
Act as the “Commission”. or employers’ organisations
(i) on industrial disagreement; and
Composition of the Commission (ii) allegation of infringement of any requirements of this Act and Regulations
136. (1) The Commission shall consist of the following persons. made under this Act;
(a) a chairperson who shall be nominated by the employers organisation and (b) require an employer to furnish information and statistics concerning the
organised labour except that where there is failure to nominate a chairperson within sixty employment of its workers and the terms and conditions of their employment in a form and
days as provided, the employers’ organisation in consultation with organised labour shall manner the commission considers necessary; and
submit the matter to a mediator agreed on by them; and (c) require a trade union or any workers’ organisation to provide such information as the
(b) six representatives, two each nominated by the Government employers’ Commission considers necessary;
organisation and organised labour. (d) notify employers and employers’ organisations or workers and trade unions in cases of
(2) The chairperson and the other members of the Commission shall be appointed contravention of this Act and Regulations made under this Act and direct them to rectify any
by the President acting in consultation with the Council of State. default or irregularities.
(2) Without prejudice to subsection (1), the Commission shall in settling an industrial
Qualification of chairperson and other members of the Commission dispute, have the powers of the High Court in respect of
137. A person is qualified to be appointed a member of the Commission if that person (a) enforcing the attendance of witnesses and examining them on oath, affirmation or
(a) does not hold office in a political party; and otherwise.
(b) has knowledge and expertise in labour relations and management except that in
the case of the chairperson, the person shall also be knowledgeable in industrial law.
51
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Labour Act, 2003 Act 651

PART III-PROTECTION OF EMPLOYMENT

148. Expenditure of the Commission

P ART XIX-STRIKES Scope of application

Functions of the Centres Employment through Centres or Agencies

Paid overtime Sub-Part III-Rest periods

(4) In determining whether a worker falls within the class of workers

Alteration of rules Duty to negotiate in good faith

Accounts and audit negotiations.

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