2015
LABOUR AMENDMENT
No.5
(d)
the Minister, where written notice of his or her proposed
measures to avoid retrenchment were first made in terms
of subsection (2a)(b); or
whereupon the Retrenchment Board or the Minister, as the case may be,
shall, no later than thirty days after Board or the Minister has received
the employer's notice. accept or reject theempJoyer' s proposed measures
to avoid retrenchment.";
(d)
by the insertion after subsection (7) of the following subsections-s"(8) If an agreement is reached in terms of subsection (2) with
the employees alone, or with a workers committee or works council
not having a representative of a registered trade union as a member,
an employer shall give written notice of the agreement 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;
no later than fourteen days after the employer begins implementing
the agreement.
(b)
(9) If the employment councilor Retrenchment Board is
concerned that an agreement referred to in subsection (8) is not in
the best interests of the employees concerned or of employees in the
industry to which the undertaking belongs. or is otherwise contrary to
the interests of employees generally or the public interest, it shall refer
the agreement to the Minister, and the Minister may, after(a)
inviting and considering any written representations
the employer concerned: and
by
consulting with the appropriate advisory council, if any,
appointed in terms of section 19;
nullify the agreement by written notice to the employer (or nullify it by
a specitted date if the employer does not make specified changes to the
agreement), without, however, affecting the validity of anything done in
good faith under the agreement before the date of such nullification, or
exposing the employer to any liability for anything done in good faith
before that date in accordance with the agreement that is contrary to
any employment regulations, collective bargaining agreement or other
contract or agreement applicable to the employees concerned." .
(b)
.r"\
7
Amendment of section 31 of Cap. 28:01
Section 31 ("When trade union may act as agent union")(2) of the princtpal Act
is amended by the Insertion after "to the Minister in wrtting," of the words "together
with the prescribed fee,",
8
Amendment of section 33 of Cap. 28:01
Section 33 ("Application for registration") of the principal Act is amended-
(a) in subsection (1) by the insertlon after "in the prescribed form," of the
words "together with the prescribed fee";
(b)
by the insertion after subsection (2) of the following subsection-
"(3) Where a document is lost by a trade union, employer's
orgariisation
or federation,any
person may make an application
of
the replacement of such document to the Registrar on payment of a
prescribed fee.".
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