LABOUR ACT [Chapter 28:01] (as amended) (h) the contract or agreement which forms the subject of the charge was entered into prior to the fixed date. 6 Protection of employees’ right to fair labour standards (1) No employer shall— (a) pay any employee a wage which is lower than that to fair labour specified for such employee by law or by agreement made under this Act; or (b) require any employee to work more than the maximum hours permitted by law or by agreement made under this Act for such employee; or (c) fail to provide such conditions of employment as are specified by law or as may be specified by agreement made under this Act; or (d) require any employee to work under any conditions or situations which are below those prescribed by law or by the conventional practice of the occupation for the protection of such employee’s health or safety; or (e) hinder, obstruct or prevent any employee from, or penalise him for, seeking access to any lawful proceedings that may be available to him to enable him lawfully to advance or protect his rights or interests as an employee. (2) 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. 7 Protection of employees’ right to democracy in the work place (1) No person shall— (a) hinder, obstruct or prevent any employee from forming or conducting any workers committee for the purpose of airing any grievance, negotiating any matter or advancing or protecting the rights or interests of employees; (b) threaten any employee with any reprisal for any lawful action taken by him in advancing or protecting his rights or interests. (2) Every employer shall permit a labour officer or a representative of the appropriate trade union or employment board, if any, to have reasonable access to his employees at their place of work during working hours for the purpose of— (a) advising the employees on the law relating to their employment; and (b) advising and assisting the employees in regard to the formation or conducting of workers committees and trade unions; and (c) ensuring that the rights and interests of the employees are protected and advanced; and shall provide such labour officer or representative of the appropriate trade union or employment board, if any, with reasonable facilities and access for the exercise of such functions. (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment Re-issue for a period not exceeding two years or to both such fine and such imprisonment. (4) Notwithstanding subsection (3), nothing done to prevent any disruption of normal production processes, or any interference with the efficient running of an undertaking or industry shall be held to be in contravention of subsection (1) or (2). PART III UNFAIR LABOUR PRACTICES 8 Unfair labour practices by employer An employer or, for the purpose of paragraphs (g) and (h), an employer or any other person, commits an unfair labour practice if, by act or omission, he— (a) prevents, hinders or obstructs any employee in the exercise of any right conferred upon him in terms of Part II; or (b) contravenes any provision of Part II or of section eighteen; or (c) refuses to negotiate in good faith with a workers committee or a trade union which has been duly formed and which is authorized in terms of this Act to represent any of his employees in relation to such negotiation; or (d) refuses to co-operate in good faith with an employment council or employment board on which the interests of any of his employees are represented; or (e) fails to comply with or to implement— (i) a collective bargaining agreement; or (ii) a decision or finding of an employment council or employment board on which any of his employees are represented; or (iii) a decision or finding made under Part XII; or (iv) any determination or direction which is binding upon him in terms of this Act; or (f) bargains collectively or otherwise deals with another trade union, where a registered trade union representing his employees exists; or (g) demands from any employee or prospective employee any sexual favour as a condition of— (i) the recruitment for employment; or (ii) the creation, classification or abolition of jobs or posts; or (iii) the improvement of the remuneration or other conditions of employment of the employee; or (iv) the choice of persons for jobs or posts, training, advancement, apprenticeships, transfer, promotion or retrenchment; or (v) the provision of facilities related to or connected with employment; or (vi) any other matter related to employment; or (h) engages in unwelcome sexually-determined behaviour towards any employee, whether verbal or otherwise, such as making physical contact or advances, sexually coloured remarks, or displaying pornographic materials in the workplace. - 11 - 1st May 2003-