LABOUR ACT [Chapter 28:01] (as amended) (5) Without prejudice to the provisions of any collective bargaining agreement that may be applicable to the establishment concerned, a works council shall be entitled to be consulted by the employer about proposals relating to any of the following matters— (a) the restructuring of the workplace caused by the introduction of new technology and work methods; (b) product development plans, job grading and training and education schemes affecting employees; (c) partial or total plant closures and mergers and transfers of ownership; (d) the implementation of an employment code of conduct; (e) the criteria for merit increases or payment of discretionary bonuses; (f) the retrenchment of employees, whether voluntary or compulsory: Provided that any matter involving the retrenchment of five or more employees within a period of six months shall be governed by sections twelve C and twelve D, unless otherwise agreed by the employer with the members of the works council representing the workers committee. (6) Before an employer may implement a proposal relating to any matter referred to in subsection (5), the employer shall— (a) afford the members of the works council representing the workers committee a reasonable opportunity to make representations and to advance alternative proposals; (b) consider and respond to the representations and alternative proposals, if any, made under paragraph (a) and, if the employer does not agree with them, state the reasons for disagreeing; (c) generally, attempt to reach consensus with the members of the works council representing the workers committee on any matter referred to in subsection (5). 26 Minister may make regulations relating to workers committees (1) The Minister may, after consultation with the appropriate advisory council, if any, appointed in terms of section nineteen, make such regulations as he considers necessary for the control of workers committees and works councils and, without derogation from the generality of his power in this regard, such regulations may provide for— (a) the methods or procedures to be followed for the formation of workers committees; (b) the tenure of office of members of workers committees; (c) the operation, management and conduct of the affairs of workers committees and works councils; (2) Regulations made in terms of subsection (1) may provide penalties for any contravention thereof: Provided that no such penalty shall exceed the penalties referred to in section one hundred and twenty-eight. Re-issue PART VII TRADE UNIONS, EMPLOYERS ORGANIZATIONS AND FEDERATIONS OF TRADE UNIONS AND EMPLOYERS ORGANIZATIONS 27 Right to form trade unions or employers organizations (1) Subject to this Act, any group of employees may form a trade union. (2) Subject to this Act, any group of employers may form an employers organization. (3) Subject to this Act, any group of trade unions or employers organizations may form a federation. 28 Requirements for formation of trade unions and employers organizations (1) Every trade union, employers organization or federation shall— (a) subject to subsection (2), before it raises funds from any source; and (b) within six months of its formation; adopt a written constitution which shall provide for— (i) the qualifications for membership, including membership fees, if any; and (ii) the right of any person to membership if he is prepared to abide by the rules and conditions of membership; and (iii) the number of officials and office bearers, their powers and functions and their appointment or election; and (iv) the holding of annual general meetings; and (v) the submission by any official or office bearer to re-appointment or re-election if a petition therefor is made— A. within one year of his appointment or election, as the case may be, by not less than three quarters; or B. later than one year of his appointment or election, as the case may be, by not less than one quarter; of the members of the trade union, employers organization or federation; and (vi) the call and conduct of meetings of members or representatives of members of the trade union, employers organization or federation; and (vii) the prohibition of discrimination against any members or class of members 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; and (viii) the amendment of the constitution; and (ix) the winding up of the trade union, employers organization, or federation; and failure to so provide in the constitution shall constitute an unfair labour practice by the trade union, employers organization, or federation concerned. - 22 - 1st May 2003-