section (8) for the period during which she actually narses her child or six
months, whichever is the lesser.".
14 Amendment of section 23 of CBp. 28:01
Section 23 of the principal Act is amended by th4 . .
~ll~wing subsections "( 1 a) Subject to subsection ( 1 b), the composition and procedure of a workers
committee shall be as determined by the employees at the work place concerned.
( 1 b) Notwithstanding subsection ( 1 a), if a trade union is registered to represent
the interests of not less than fifty per centum of the employees at the work place where
a workers committee is to be established, every member of the workers committee shall
be a member of the trade union conce'rned.".
! 5 New section Inserted after section 25 in Cap. 28:01
The principal Act is amended by the insertion after section 24 of the following ~
"25A Composition, procedure and functions of works councils
( 1 ) In every establishment in which a workers committee
representing employees other than managerial erriployees has been elected,
there shall be a works council.
(2) A works council shall be composed of an equai number of
members represenfing the employer and the workers committee.
(3) The procedure of a works council shall be as determined by the
employer and the workers committee at the establishment concerned.
(4) Without prejudice to the provisions of any collective bargaining
agreement that may be applicable to the establishment concerned, the funetions of a works council shall be17
page 18
LABOUR RELATIONS AMENDMENT
(a) to focus the best interests of the establishment and employees on the best possible use of its human, capital,
equipment and other resources, so that maximum productivity and optimum employment standards may be
maintained; and
~) to foster, encourage and maintain good relations between em-ployers and employees at all levels, and to
understand and seek solutions to their common problems; and
) to promote the general and common interest, including the health, safety and weifare of both the establishment
and its workers; and
I i in general, to promote and maintain the effective participatidn of employees in the establishment, and to
secure the mutual co-operatidn and trust of employees, employers and any reg-istered trade union representing
employees in the establish-ment, in the interests of industrial harmony.
(5) Without prejudice to the provisions of any collective bargain-ing 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 work place caused bv the introduction of new technology and work methods;
(b)
product development plans, job grading ana training and education schemes
affecting employees;
(cl
partiai or total plant closures and mergers and transfers of
.
ownership;
(d)
the implementation of an employuu.nt code of conduct;
(e)
the
criteria for merit increases or. payment of discretionary
bonuses;
(f)
the
retrenchment of employees, whether voluntary or compulsory: 30
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 ~f rhe wnrks
council representing the workers committee.
1~ . ~ (6) B~fore an employer may implement a proposal relating to any
r
referred to in subsection (5), the employer shall(a)
afford the members of the works council
representing the
workers committee a reasonable opportunity tu 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):'.
Amendment of section 29 ot Cap. 28:01 Section 29 of the principal Act is amended(a) by the repeal of subsection (3);
(b) by the insertion after subsection l~l of4the~folluwuy aubsection--
Select target paragraph3
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