No.,S
2015
LABOUR AMENDMENT
(b) shalL where the employer offers to pay the rmmmum
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)
6
may inquire from the employer whether he or she has
considered, or may wish to consider, specifically orin generaL
the alternatives to termination of e.mployment provided for
in section 12IX'.
Amendment of section 120 of Cap. 28:01
Section l2D ("Special measures to avoid retrenchment") of the principal Act
amended~
(a)
(b)
in subsection ( 1) by thedeletionof"ofany groupoffiveormoreemployees
in a six-month period" and the substitution of ''of any employees":
in :-,ubsection (2) by the deletion of "or wi(h any workers committee .
works council or employment council wrlich represents the employees''
and the substitution of "or with any workers committee or works council
which represents the employees'':
hy the insertion after subsection (2) of the following subsections~
''(2a) If no agreement is reached in terms of .,;ubsect.ion (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 he, may, no later than thirty clays after it has received the
employer's notice~
(h)
(c)
accept or reject the employer's proposed measures to
avoid retrenchment:. or
(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---
an employer's proposed measures to avoid retrenchment
are rejected in terms of subsection (2a)(c), then, within
thirty days of such rejection; or
\b)
no agreement on alternative measures to avoicl
retrenchment is reached with an employer's em1Jloyee~ or
Yvith the appropriate workers committee or wmks counci.l
in accordance with subsection (2a)(d), then, no later
than the thirtieth day after the date when the proposed
measures were referred back fur reconsideration:
an employer may give \Vritten notice of his or !wr proposed
Of revised) nieasure<;, to avoid retrenchment lo--
(c
the Retrencllmem BmmL where written notice of hi\ or
made in terms
122
or subsection <2a)(
or