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: