LABOUR ACT [Chapter 28:01] (as amended) PART II FUNDAMENTAL RIGHTS OF EMPLOYEES 4 Employees’ entitlement to membership of trade unions and workers committees (1) Notwithstanding anything contained in any other enactment, every employee shall, as between himself and his employer, have the following rights— (a) the right, if he so desires, to be a member or an officer of a trade union; (b) where he is a member or an officer of a trade, the right to engage in the lawful activities of such trade union for the advancement or protection of his interests; (c) the right to take part in the formation and registration of a trade union; (d) the same rights, mutatis mutandis, as are set out in paragraphs (a), (b), and (c) in relation to workers committees. (2) Every employee shall have the right to be a member of a trade union which is registered for the undertaking or industry in which he is employed if he complies with the conditions of membership. (3) No term or condition of employment and no offer of employment shall include a requirement that an employee or prospective employee shall undertake— (a) if he is a member or officer of a trade union or workers committee, to relinquish his membership or office of such trade union or workers committee; or (b) not to take part in the formation of a trade union or workers committee; and any such requirement shall be void. (4) Without prejudice to any other remedy that may be available to him in any competent court, any person who is aggrieved by any infringement or threatened infringement of a right specified in subsection (1) shall be entitled to apply under Part XII for either or both of the following remedies— (a) an order directing the employer or other party concerned to cease the infringement or threatened infringement, as the case may be; (b) an order for damages for any loss or prospective loss caused either directly or indirectly, as a result of the infringement or threatened infringement, as the case may be. 4A Prohibition of forced labour (1) Subject to subsection (2), no person shall be required to perform forced labour. (2) For the purposes of subsection (1) “forced labour” does not include— (a) any labour required in consequence of the sentence or order of a court; or (b) labour required of any person while he is lawfully detained which, though not required in consequence of the sentence or order of a court— (i) is reasonably necessary in the interests of hygiene or for the maintenance or management of the place at which he is detained; or Re-issue -9- (ii) is permitted in terms of any other enactment; or (c) any labour required of a member of a disciplined force in pursuance of his duties as such or any labour required of any person by virtue of an enactment in place of service as a member of any such force or service; or (d) any labour required by way of parental discipline; or (e) any labour required by virtue of an enactment during a period of public emergency or in the event of any other emergency or disaster that threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or disaster, for the purpose of dealing with that situation. (3) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. 5 Protection of employees against discrimination (1) No employer shall discriminate against any employee or prospective employee on grounds of race, tribe, place of origin, political opinion, colour, creed, gender, pregnancy, HIV/AIDS status or, subject to the Disabled Persons Act [Chapter 17:01], any disability referred to in the definition of “disabled person” in that Act, in relation to— (a) the advertisement of employment; or (b) the recruitment for employment; or (c) the creation, classification or abolition of jobs or posts; or (d) the determination or allocation of wages, salaries, pensions, accommodation, leave or other such benefits; or (e) the choice of persons for jobs or posts, training, advancement, apprenticeships, transfer, promotion or retrenchment; or (f) the provision of facilities related to or connected with employment; or (g) any other matter related to employment. (2) No person shall discriminate against any employee or prospective employee on the grounds of race, tribe, place of origin, political opinion, colour, creed, gender, pregnancy, HIV/AIDS status or, subject to the Disabled Persons Act [Chapter 17:01], any disability referred to in the definition of “disabled person” in that Act, in relation to— (a) the advertisement of employment; or (b) the recruitment of persons; or (c) the introduction of prospective employees for jobs or posts; or (d) any other matter related to employment. (2a) No employer shall fail to pay equal remuneration to male and female employees for work of equal value. 1st May 2003-