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.
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