No.5 2015 LABOUR AMENDMENT (b) shall. where the employer offers to pay the minimum retrenchment package by instalments over a period of time. consider whether the offer is a reasonable one, and may propose an alternative payment schedule; (c) may inquire from the employer whether he or she has considered, or may wish to consider. specifically orin general. the alternatives to termination of employment provided for in section 12D ", 6 Amendment of section 120 of Cap. 28:01 Section 12D ("Special measures to avoid retrenchment") amended(a) of the principal Act is in subsection (1)by the deletion of "of any group of five or more employees in a six-month period" and the substitution of "of any employees"; (b) (c) in subsection (2) by the deletion of "or with any workers committee, works council or employment council which represents the employees" and the substitution of "or with any workers committee or works council which represents the employees"; by the insertion after subsection (2) of the following subsections"(2a) If no agreement is reached in terms of subsection (2), an employer shall give written notice of his or her proposed measures to avoid retrenchment, and of the opposing proposals, if any, to-- (a) the employment council established for the undertaking or industry; or the Retrenchment Board, if there is no employment council for the undertaking concerned: whereupon the employment council or the Retrenchment Board, as the case may be, may, no later than thirty days after it has received the employer's notice(b) (c) accept or reject the employer's avoid retrenchment; or proposed measures to (d) refer back the matter to the employer for reconsideration with the employees, workers committee or works council concerned, together it its own suggestions for improving the original proposals or reconciling them with any opposing proposals: (2b)If- (a) an employer's proposed measures to avoid retrenchment are rejected in terms of subsection (2a)(c), then, within thirty days or such rejection; or (b) no agreement on alternative measures to avoid retrenchment is reached with an employer's employees or with the appropriate workers committee or works council in accordance with subsection (2a)(d), then, no later than the thirtieth day after the date when the proposed measures were referred back for reconsideration; an employer may give written notice of his or her proposed (original or revised) measures to avoid retrenchment to(c) the Retrenchment Board, where written notice of his or her proposed measures to avoid retrenchment were first mace In terms of suosecnon (2u)(a); or 122 , s:

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