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LABOUR ACT [CHAPTER 28:01]

 

CHAPTER 28:01

LABOUR ACT

Acts 16/1985, 12/1992, 20/1994 (s. 19), 22/2001 (s. 4), 17/2002, 7/2005.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

  1. Short title.

2A.   Purpose of Act.

  1. Application of Act.

PART II

FUNDAMENTAL RIGHTS OF EMPLOYEES

  1. Employees’ entitlement to membership of trade unions and workers committees.

4A.   Prohibition of forced labour.

  1. Protection of employees against discrimination.
  2. Protection of employees’ right to fair labour standards.
  3. Protection of employees’ right to democracy in the work place. PART III

UNFAIRLABOUR PRACTICES

  1. Unfair labour practices by employer.
  2. Unfair labour practices by trade union or workers committee.
  3. Minister may prescribe further unfair labour practices.

PART IV

GENERALCONDITIONS OF EMPLOYMENT

  1. Employment of young persons.
  2. Duration, particulars and termination of employment contract.

12A. Remuneration and deductions from remuneration.

12B. Dismissal.

12C. Retrenchment.

12D. Special measures to avoid retrenchment.

  1. Wages and benefits upon termination of employment.
  2. Sick leave.

14A. Vacation leave.

14B. Special leave.

14C. Weekly rest and remuneration for work during public holidays.

  1. Death of employer.
  2. Rights of employees on transfer of undertaking.
  3. Regulatory powers of Minister.
  4. Maternity leave.

PART V

ADVISORYCOUNCILS AND WAGE AND SALARY CONTROL

  1. Advisory councils.
  2. Minimum wage notices.
  3. Prohibition of termination of services of employee.
  4. [Repealed].

PART VI

WORKERS COMMITTEES: FORMATIONAND FUNCTIONS

  1. Formation of workers committees.
  2. Functions of workers committees.
  3. Effect of collective bargaining agreements negotiated by workers committees. 25A. Composition, procedure and functions of works councils.
  4. Minister may make regulations relating to workers committees. PART VII

TRADE UNIONS, EMPLOYERS ORGANIZATIONS AND FEDERATIONS OF TRADE UNIONS AND EMPLOYERS ORGANIZATIONS

  1. Right to form trade unions or employers organizations.
  2. Requirements for formation of trade unions and employers organizations.
  3. Registration of trade unions and employers organizations and privileges thereof.
  4. Unregistered trade unions and employers organizations.
  5. When trade union may act as agent union.
  6. Agent union to disclose other agencies.
  7. Application for registration.
  8. Requirements of application for registration.
  9. Requirements of constitution of registered trade unions or employers organizations.
  10. Registration of trade unions, employers organizations and federations.
  11. [Repealed].
  12. [Repealed].
  13. Application or proposal to vary, suspend or rescind registration.
  14. Variation, suspension or rescission of registration.
  15. Accreditation proceedings.
  16. Notice of accreditation proceedings.
  17. Procedure at accreditation proceedings.
  18. Notification of decision made at accreditation proceedings.
  19. Considerations relating to registration, or variation, suspension or rescission of registration of trade unions or employers organizations.
  20. Matters to be determined by Labour Court.
  21. Right of appeal.
  22. Notice of appeal.
  23. Appeals before Labour Court.
  24. Right of membership of registered trade unions and employers organizations.
  25. Supervision of election of officers.
  26. Right to union or association dues.
  27. Restrictions on payment of union dues by employers.
  28. Collection of union dues.
  29. Minister may regulate union dues.

PART VIII

EMPLOYMENT COUNCILS

  1. Voluntary employment councils.
  2. Statutory employment councils.
  3. Constitution of employment councils.
  4. Registration of employment councils.
  5. Employment councils to be bodies corporate.
  6. Variation of registration of employment councils.
  7. Duties of employment councils.
  8. Designated agents of employment councils.

PART IX

[Part IX (sections 64 to 73) repealed by s. 25 of Act 17 of 2002]

PART X

COLLECTIVE BARGAINING AGREEMENTS NEGOTIATEDBY TRADE UNIONS AND EMPLOYERS ORGANIZATIONS

  1. Scope of collective bargaining agreements.
  2. Obligation to negotiate in good faith.
  3. Duty of full disclosure when financial incapacity alleged.
  4. Representation of parties.
  5. Ratification of collective bargaining agreements.
  6. Submission of collective bargaining agreements for approval or registration.
  7. Publication of collective bargaining agreements.
  8. Amendment of registered collective bargaining agreements by Minister.
  9. Binding nature of registered collective bargaining agreements. 82A. Copies of collective bargaining agreement.

82B. Codes of best practice, guidelines and model agreements

PART XI

LABOUR COURT

LABOUR COURT

  1. Administration of Part XI.
  2. Establishment and composition of Labour Court.
  3. Qualification for appointment as President of Labour Court.
  4. Registrar of Labour Court.
  5. Seal of Labour Court.
  6. Functions, powers and jurisdiction of Labour Court.
  7. Exercise of functions by Labour Court. 90A. Procedure and evidence in the Labour Court 91. Sittings of Labour Court.
  8. Representation of parties..

92A. Contempt of Labour Court.

92B. Effective date and enforcement of decisions of Labour Court.

92C. Rescission or alteration by Labour Court of its own decisions.

92D. Appeals to the Labour Court not provided for elsewhere in this Act. 92E. Appeals to the Labour Court generally.

92F. Appeals against decisions of Labour Court

PART XII

RESOLUTION OFDISPUTES AND UNFAIR LABOUR PRACTICES

  1. Powers of labour officers.
  2. Prescription of disputes.
  3. [Repealed].
  4. [Repealed].
  5. [Repealed].
  6. Effect of reference to compulsory arbitration under Parts XI and XII.
  7. [Repealed] 100. [Repealed]
  8. Employment codes of conduct.

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