LABOUR ACT [Chapter 28:01] (as amended) 9 Unfair labour practices by trade union or workers committee A trade union or a workers committee commits an unfair labour practice if by act or omission it— (a) prevents, hinders or obstructs an employee in the exercise of any right conferred upon him in terms of Part II; or (b) contravenes any of its constitution; or (c) fails to represent an employee’s interests with respect to any violation of his rights under this Act or under a valid collective bargaining agreement, or under a decision or finding of an employment council or employment board, or under Part XII; or (d) fails to comply with or to implement any decision or finding of an employment council or employment board, or any decision or finding made under Part XII, or any determination or direction under this Act which is binding upon it; or (e) not being registered, purports to act as a collective bargaining agent in terms of Part X or participates in the collection of union dues; or (f) recommends collective job action in contravention of a valid collective bargaining agreement; or (g) except as may be authorized in terms of this Act, purports to act as the collective bargaining agent for employees, or calls for collective job action when another trade union has duly been registered to represent the employees concerned; or (h) purports to enter upon an agency agreement or collective bargaining agreement when another trade union has been duly registered for the workers concerned. 10 Minister may prescribe further unfair labour practices (1) The Minister may, after consultation with the Labour Court, from time to time, prescribe by statutory instrument acts or omissions which constitute unfair labour practices, whether by employers, employees, workers committees or trade unions or otherwise and may from time to time vary, amend or repeal any such notice. (2) Before exercising his powers in terms of subsection (1), the Minister shall publish in the Gazette notice of intent and shall call for any objections thereto within a period specified in such notice. PART IV GENERAL CONDITIONS OF EMPLOYMENT 11 Employment of young persons (1) Subject to subsection (3), no employer shall employ any person in any occupation— (a) as an apprentice who is under the age of thirteen years; (b) otherwise than as an apprentice who is under the age of fifteen years. (2) Any contract of employment entered in contravention of subsection (1), and any contract of apprenticeship with an apprentice between the ages of thirteen and fifteen years which was Re-issue entered without the assistance of the apprentice’s guardian, shall be void and unenforceable against the person purportedly employed under such contract, whether or not (in the case of a contravention of paragraph (b) of subsection (1)) such person was assisted by his guardian, or was married or otherwise tacitly or expressly emancipated, but such person may enforce any rights that have accrued to him by or under such contract. (3) A person under the age of fifteen years but not younger than thirteen years may— (a) perform work other than work referred to in subsection (4) at a school or technical or vocational institution that is carried out as an integral part of a course of training or technical or vocational education for which the school or institution is primarily responsible; (b) perform work in an undertaking, other than work referred to in subsection (4), that is carried out in conjunction with a course of technical or vocational education. (4) No employer shall cause any person under the age of eighteen years to perform any work which is likely to jeopardise that person’s health, safety or morals, which work shall include but not be limited to work involving such activities as may be prescribed. (5) Any employer who employs any person in contravention of subsection (1) or (4) shall be guilty of an offence and liable to a fine not exceeding thirty thousand dollars or to imprisonment not exceeding two years or to both such fine and such imprisonment. 12 Duration, particulars and termination of employment contract (1) Every person who is employed by or working for any other person and receiving or entitled to receive any remuneration in respect of such employment or work shall be deemed to be under a contract of employment with that other person, whether such contract is reduced to writing or not. (2) An employer shall, upon engagement of an employee, inform the employee in writing of the following particulars— (a) the name and address of the employer; (b) the period of time, if limited, for which the employee is engaged; (c) the terms of probation, if any; (d) the terms of any employment code; (e) particulars of the employee’s remuneration, its manner of calculation and the intervals at which it will be paid; (f) particulars of the benefits receivable in the event of sickness or pregnancy; (g) hours of work; (h) particulars of any bonus or incentive production scheme; (i) particulars of vacation leave and vacation pay; (j) particulars of any other benefits provided under the contract of employment. (3) A contract of employment that does not specify its duration or date of termination, other than a contract for casual work or seasonal work or for the performance of some specific service, - 12 - 1st May 2003-