| INDUSTRIAL RELATIONS (AMMENDED) ACT, 2003
RL 3/169 -7 February 1974 ARRANGEMENT OF SECTIONS PART I - PRELIMINARY
PART II - REGISTRATION OF TRADE UNIONS
PART III - CONSTITUTION AND ADMINISTRATION OF TRADE UNIONS
PART IV - PERMANENT ARBITRATION TRIBUNAL, INDUSTRIAL RELATIONS COMMISSION AND NATIONAL REMUNERATION BOARD
PART V - PROTECTION OF INDIVIDUAL RIGHTS
PART VI - PROMOTION OF INDUSTRIAL RELATIONS
PART VII - INDUSTRIAL DISPUTES
PART VIII - REMUNERATION ORDERS
PART IX - THE PUBLIC SERVICE AND CIVIL SERVICE UNIONS
PART X - OFFENCES AND PENALTIES 101 PREVENTION OF INTIMIDATION
PART XI - MISCELLANEOUS
PART I - PRELIMINARY
1 Short title
2 Interpretation
3 Application of Act
PART II - REGISTRATION OF TRADE UNIONS
4 Register of trade unions
5 Registration of trade unions
6 Application for registration
7 Objections to registration
8 Consideration of application and objection
9 Grounds for refusal to register
10 Notification of decision and appeal
11 Certificate of registration
12 Consequences of refusal to register
13 Cancellation of registration by order of Tribunal
14 Consequences of cancellation of registration
PART III - CONSTITUTION AND ADMINISTRATION OF TRADE UNIONS
15 Acts in furtherance of industrial dispute
16 Trade union to be a body corporate
17 Rules of trade unions
18 Alteration of rules or change of name
19 Consideration of application
20 Membership
21 Members' nominees
22 Registered office
23 Branches of trade unions
24 Executive and officers
25 Meetings of trade unions
26 Taking of ballots
27 Federation and amalgamation
28 Dissolution of trade unions
29 Application of funds
30 Restriction on use for political purposes
31 Political fund of federations
32 Notice to contribute to political fund
33 Misapplication of funds
34 Keeping of accounts and records
35 General statement to annual general meeting
36 Annual return to Registrar
37 Retention and inspection of records
38 Powers of Registrar in relation to accounts Back to Top
PART IV - PERMANENT ARBITRATION TRIBUNAL, INDUSTRIAL RELATIONS COMMISSION AND NATIONAL REMUNERATION BOARD
39 Establishment of Tribunal
40 Functions of Tribunal
41 Establishment of Commission
42 Functions of Commission
43 References to Commission by Minister
44 Conciliation service
45 Establishment of Board
46 Functions of the Board
47 Principles to be applied
48 Intervention by the Attorney-General
PART V - PROTECTION OF INDIVIDUAL RIGHTS
49 Rights of employees
50 Protection in unlawful actions
51 Closed shop agreement to be void
PART VI - PROMOTION OF INDUSTRIAL RELATIONS
52 Promotion of good industrial relations
53 Agreement of representational status
54 Order for representational status
55 Revocation of order
56 Applications to Commission
57 Extension of scope of application
58 Recommendations as regards recognition
59 Enforcement of recommendation for recognition
60 Order for recognition
61 Saving
62 Conditions for check-off agreements
63 Registration of check-off agreements
64 Tribunal may declare check-off agreements
65 Provisions relating to check-off agreements
66 Termination of check-off agreements
67 Application for agency shop order
68 Recommendations for agency shop order
69 Making of agency shop order
70 Effect of agency shop order
71 Workers Education Fund
72 Operation of agency shop order
73 Discontinuance of agency shop order
74 Limitations for applications
75 Deductions from wages of employees
76 Prohibition of other payments
77 Establishment of works councils Back to Top
PART VII - INDUSTRIAL DISPUTES
78 Arbitration in industrial disputes
79 Reporting of industrial disputes
80 Rejection of report by Minister
81 Appeal to Tribunal
82 Consideration of report by Minister
83 Compulsory arbitration
84 Limitation on report of dispute
85 Effect of awards
86 Registration of collective agreement
87 Extension of awards and agreements
88 Interpretation of order, award and agreement
89 Order for adherence to agreed procedure
90 Order for utilisation of legal remedies
91 Order for adherence to award and agreement
92 Unlawful strikes or lock-outs
93 Imperilling the national economy
PART VIII - REMUNERATION ORDERS
94 References to the Board
95 Recommendations
96 Remuneration Orders
97 Effect of Remuneration Order
98 Permits to infirm and incapacitated persons
PART IX - THE PUBLIC SERVICE AND CIVIL SERVICE UNIONS
99 Application of Act to public service
100 Civil Service Arbitration Tribunal
PART X - OFFENCES AND PENALTIES 101 Prevention of intimidation
102 Penalty for strike or lock-out offences
103 Offences by trade unions and officers
104 Other offences
PART XI - MISCELLANEOUS
105 No pay while on strike
106 Service of notices
107 Publication of returns
108 Regulations
First Schedule - Trade Union Rules
Second Schedule - Permanent Arbitration Tribunal Industrial Relations Commission
and National Remuneration Board
Third Schedule - Code of Practice Back to Top ------------------------------ PART I – PRELIMINARY 1 Short title
2 Interpretation
3 Application of Act
1 Short title
This Act may be cited as the Industrial Relations (Ammended) Act 2003.
2 Interpretation
In this Act -
"agency shop order" means an order under section 69;
"award" means an award made by the Tribunal under section 78 or 83;
"bargaining unit" means employees or classes of employees, whether or not employed by the same employer, on whose behalf a collective agreement may be made;
"Board" means the National Remuneration Board established by section 45;
"branch" means a branch of a trade union;
"check-off agreement" means an agreement between an employer and a trade union for dues to be deducted from the wages of an employee by the employer and paid to the trade union;
"civil service union" means a trade union of employees membership of which is confined to public officers;
"collective agreement" means a procedure agreement, or an agreement which relates to terms and conditions of employment, made between a trade union of employees or a joint negotiating panel and an employer or a trade union of employers;
"collective bargaining" means negotiations relating to terms and conditions of employment or to the subject-matter of a procedure agreement;
"Commission" means the Industrial Relations Commission established by section 41;
"contract of employment" means a contract of service or of apprenticeship, whether express or implied;
"contribution" means the amount of money deductible from the wages of an employee under an agency shop order;
"Court" means the Industrial Court established under the Industrial Court Act;
"dues" means a regular subscription payable to a trade union by a member as a condition of his membership, but does not include any other subscription or levy;
"executive" means the body entrusted with the management of the affairs of a trade union;
"federation" means a federation of trade unions;
"industrial dispute" means a dispute between an employee or a trade union of employees and an employer or a trade union of employers which relates wholly or mainly to -
(a) a contract of employment or a procedure agreement except, not withstanding any other enactment, those provisions of the contract or agreement which-
(i) concern remuneration or allowance of any kind; and
(ii)apply to the employee as a result of exercise by him of an option to be governed by the corresponding recommendations made in a report of the Pay Research Bureau
(b) the engagement or non-engagement, or termination or suspension of employment, of an employee; or
(c) the allocation of work between employees or groups of employees; "industry" means trade;
"joint negotiating panel" means the representatives of 2 or more trade unions of employees authorised to participate in collective bargaining and to enter into a collective agreement;
"local authority" has the same meaning as in section 2 of the Local Government Act 1989;
"lock out" means any action taken by an employer whether or not in contemplation or furtherance of an industrial dispute, and whether or not the employer is a party to a dispute, which consists in -
(a) the exclusion of a group of employees from a place of employment;
(b) the suspension of work in a place of employment; or
(c) the collective, simultaneous or otherwise connected termination or suspension of employment of a group of employees;
"Minister" means the Minister to whom responsibility for the subject of industrial relations is assigned;
"negotiating rights" means the right to participate in collective bargaining;
"officer" in relation to a trade union, means--
(a) a member of the executive;
(b) a member of the managing body of a branch;
(c) a shop steward or other executive officer, by whatever name called;
"Pay Research Bureau" means the bureau referred to in the yearly Recurrent Budget under the vote of Expenditure pertaining to the Prime Minister's Office;
"political fund" means a fund of a trade union kept exclusively for the purpose of incurring expenditure for the furtherance of political objects;
"principal Act" means the Industrial Relations Act
"procedure agreement" means an agreement which relates to -
(a) machinery for consultation with regard to, or for the settlement of, terms and conditions of employment;
(b) negotiating rights;
(c) facilities for officers;
(d) procedures relating to disciplinary matters; or
(e) procedures relating to grievances of individual employees;
"public officer" includes primary aided school teacher;
"register" means the register required to be kept by the Registrar under section 4;
"registered" means registered under this Act;
"registered office" means the registered place of business of a trade union;
"Registrar" means the Registrar of Associations or any other public officer acting on his behalf or under his authority;
"Remuneration Order" means an Order under section 96;
"representational status" means the authority of a trade union of employees to represent a member of that trade union in any difference between the member and his employer in which the member is relying on his legal rights;
"secretary" means the secretary of a trade union or any person who acts or purports to act as such;
"sole bargaining agent" means a trade union or joint negotiating panel which has exclusive negotiating rights in respect of a bargaining unit; "special fund" means a fund of a trade union, other than a political fund, to which the members of the trade union are free not to contribute;
"strike" means any action taken by a group of employees, whether or not in contemplation or furtherance of an industrial dispute and whether or not they are parties to the dispute, which consists in -
(a) a concerted stoppage of work; or
(b) a concerted course of conduct, including going slow or working to rule, which is carried on -
(i) with the intention of preventing, reducing or otherwise interfering with the production or distribution of goods or the provision of services; and
(ii) in the case of some or all of the employees involved, in breach of their obligations to their employer or in disregard of the normal arrangements between them and their employer;
"trade" includes any occupation, calling or business and includes any part of a trade or industry;
"trade union" means an association of persons, whether registered or not, having as one of its objects the regulation of industrial relations between employees and employers and includes a federation;
"treasurer" means the treasurer of a trade union and includes any person who, under the rules of the trade union, is responsible for any accounts of the trade union or for the collection, receipt, disbursement, custody or control of the money of the trade union;
"Tribunal" means the Permanent Arbitration Tribunal established by section 39;
"union's share" means that portion of the contribution which is payable under section 70 to a trade union;
"visiting force" has the same meaning as in section 2 of the Visiting Forces Act;
"wages" means all emoluments payable in cash to an employee under a contract of employment. 3 Application of Act
(1) Subject to subsection (2), this Act binds the Crown
(2) This Act shall not apply -
(a) to a member of a disciplined force;
(b) to a member of a visiting force;
(c) to a person in the service of the Crown who is not a public officer.
(3) Subject to Part IX, this Act shall apply to the public service and civil service unions.
Back to Top PART II - REGISTRATION OF TRADE UNIONS
4 Register of trade unions
5 Registration of trade unions
6 Application for registration
7 Objections to registration
8 Consideration of application and objection
9 Grounds for refusal to register
10 Notification of decision and appeal
11 Certificate of registration
12 Consequences of refusal to register
13 Cancellation of registration by order of Tribunal
14 Consequences of cancellation of registration
4 Register of trade unions
(1) The Registrar shall keep a register in the prescribed form in which shall be entered the particulars of all registered trade unions.
(2) Any interested person may, on written application to the Registrar, at all reasonable times inspect the register. 5 Registration of trade unions
(1) Subject to section 110, every trade union shall, not later than 3 months after the date of its formation, apply to the Registrar for registration.
(2) No trade union shall claim or receive any admission fee, dues or contribution unless the trade union has been registered under section 11.
(3) Where a trade union fails to comply with subsection (1) or (2), the trade union shall commit an offence and the trade union shall be wound up by the Registrar in the prescribed manner. 6 Application for registration
(1) The application for registration of a trade union shall be in the prescribed form.
(2) Every application under subsection (1) shall be accompanied by -
(a) the prescribed fee;
(b) 2 copies of the rules of the trade union; and
(c) a statement of particulars in the prescribed form.
(3) The Registrar may, by written notice, require an applicant to provide any further information he may reasonably require for the purpose of considering the application.
(4) Where the Registrar considers that the rules or the name of the trade union do not comply with this Act, he shall give written notice to the trade union of the want of compliance and afford the trade union such time as he considers reasonable in which to submit amended rules or another name.
(5) The Registrar shall refuse any application which does not comply with subsection (2).
(6) Where a trade union -
(a) fails to provide any information required by the Registrar under subsection (3); or
(b) refuses to submit amended rules or another name as requested by the Registrar under subsection (4),
the Registrar shall refer the application to the Commission. 7 Objections to registration
(1) The Registrar shall, in the prescribed manner, publish in the Gazette and in 2 daily newspapers a notice of any application which is not refused by him under section 6(5).
(2) Any registered trade union may, not later than 21 days after the publication of the notice in the Gazette under subsection (1), lodge a written objection to the application with the Registrar.
(3) The Registrar shall, not later than 14 days after receiving an objection under subsection (2), by written notice, require the applicant to show cause, within such time as may be specified in the notice, why the objections should not be upheld. 8 Consideration of application and objection
(1) Where an objection to an application has been lodged in accordance with section7
(2), the Registrar shall, after the time limit specified in a notice issued under section 7
(3) has elapsed, refer the application and the objection to the Commission.
(2) Where no objection is lodged in accordance with section 7(2), the Registrar may, after the time limit specified in section 7(2) has elapsed -
(a) register the trade union; or
(b) refer the application to the Commission.
(3) The Commission shall hear and consider the application and any objection to it and, after making such inquiries as it considers necessary, direct the Registrar to register or not to register the trade union.
(4) Where in accordance with subsection (3) the Commission directs the Registrar
-
(a) not to register a trade union; or
(b) notwithstanding an objection lodged against an application for registration, to register a trade union, it shall specify the grounds for refusing to register the trade union or the reasons for rejecting the objection, as the case may be. 9 Grounds for refusal to register
(1) Subject to subsection (2), a trade union shall not be registered if -
(a) any of its objects is unlawful or is inconsistent with this Act;
(b) the trade union is engaged, or is about to engage, in activities likely to cause a serious threat to public safety or public order;
(c) its rules are ambiguous;
(d) except in the case of a civil service union, its membership is open to public officers;
(e) its membership is open to persons who are not engaged in the same trade, or in similar or connected trades or in the same undertaking;
(f) its rules do not contain adequate provision, or it is not organised to provide adequately, for the protection and promotion of the interests of its members in every trade which it purports to represent;
(g) any of its officers is not qualified to hold, or is incapable of performing the duties of, his office;
(h) its name is the same as that of a registered trade union or so resembles that of a registered trade union that the public may be deceived or misled; or (i) its name is, in the Registrar's opinion, objectionable or otherwise unsuitable.
(2) Subsection (1)(d) shall not apply in relation to the registration of a federation comprising civil service unions and other trade unions. 10 Notification of decision and appeal
(1) Where, pursuant to a direction of the Commission under section 8(3), the
Registrar -
(a) refuses to register a trade union; or
(b) notwithstanding an objection lodged against an application for registration, registers a trade union, he shall give written notice to the applicant trade union and to any trade union which has objected to the application for registration, of the ground on which the refusal is based or, of the reasons for the rejection of the objection, as the case may be.
(2) Any trade union aggrieved by a decision to register or not to register a trade union may, not later than one month after the date of the notification of the decision, appeal against the decision to the Tribunal and, on appeal, the Tribunal may make such order as it thinks fit.
(3) The Registrar may appear and be heard on an appeal under subsection (2). 11 Certificate of registration
The Registrar shall, on registering a trade union, issue a certificate of registration in the prescribed form to the trade union and the certificate shall, unless the registration is cancelled under section 13, be conclusive evidence that the trade union is registered. 12 Consequences of refusal to register
(1) Where the Registrar has refused to register a trade union, the trade union shall be dissolved forthwith and be wound up -
(a) if no appeal has been lodged under section 10(2), not later than one month after the date of the notification of the decision;
(b) if an appeal has been so lodged and the appeal has been dismissed, not later than one month after the date of the dismissal of the appeal.
(2) Where a trade union is not wound up and its property distributed as provided by its rules within the time specified in subsection (1), every officer shall commit an offence and the trade union shall be wound up by the Registrar in the prescribed manner. 13 Cancellation of registration by order of Tribunal
(1) The registration of a trade union may be cancelled on the ground that -
(a) The registration was obtained by fraud or misrepresentation;
(b) the trade union has ceased to exist;
(c) by reason of any change of circumstances for which the trade union is responsible, the trade union would no longer be eligible for registration;
(d) the trade union has engaged, or is about to engage, in activities likely to cause a serious threat to public safety or public order;
(e) the trade union has contravened its rules by failing to provide effective representation of the interest of its members in general, or of those of its members who belong to a particular trade; or
(f) the trade union has failed to comply with any requirement (including a requirement relating to its rules) imposed on it by this Part, and has persisted in its default after the Registrar has given it written notice specifying the default and fixing a time which shall not be less than 2 months for remedying the default, and that time has expired.
(2) Where the Registrar is of opinion that the registration of a trade union should be cancelled, he shall refer the matter to the Tribunal, stating the ground which, in his opinion, justifies the cancellation.
(3) Where on a reference under subsection (2), the Tribunal is satisfied that the ground of the reference is well-founded, the Tribunal may -
(a) adjourn the hearing of the reference so as to allow the trade union time to remedy the default or failure; or
(b) direct the Registrar to cancel the registration of the trade union.
(4) Where, at the resumed hearing after an adjournment under subsection (3)(a), the Tribunal finds that the trade union has not taken adequate steps to remedy the default or failure, it shall direct the Registrar to cancel the registration of the trade union.
(5) On receipt of a direction under subsection (3)(b) or (4), the Registrar shall cancel the registration of the trade union. 14 Consequences of cancellation of registration
(1) Where the Registrar cancels the registration of a trade union -
(a) he shall publish a notice of the cancellation in the Gazette and in 2 daily newspapers;
(b) the trade union shall forthwith cease to engage in any trade union activity;
(c) the trade union shall be dissolved forthwith and be wound up within one month, or such further period as the Registrar may allow, after the date of the publication of the notice in the Gazette under paragraph (a).
(2) Where a trade union is not wound up and its property distributed as provided by its rules within the time specified in subsection (1)(c), every officer shall commit an offence and the trade union shall be wound up by the Registrar in the prescribed manner. Back to Top
PART III - CONSTITUTION AND ADMINISTRATION OF TRADE UNIONS
15 Acts in furtherance of industrial dispute
16 Trade union to be a body corporate
17 Rules of trade unions
18 Alteration of rules or change of name
19 Consideration of application
20 Membership
21 Members' nominees
22 Registered office
23 Branches of trade unions
24 Executive and officers
25 Meetings of trade unions
26 Taking of ballots
27 Federation and amalgamation
28 Dissolution of trade unions
29 Application of funds
30 Restriction on use for political purposes
31 Political fund of federations
32 Notice to contribute to political fund
33 Misapplication of funds
34 Keeping of accounts and records
35 General statement to annual general meeting
36 Annual return to Registrar
37 Retention and inspection of records
38 Powers of Registrar in relation to accounts
A - RESTRICTION ON LEGAL PROCEEDINGS 15 Acts in furtherance of industrial dispute
(1) An act done by a person in contemplation or furtherance of an industrial dispute shall not give rise to an action in damages on the ground only -
(a) that it induces or will induce another person to break a contract to which that other person is a party or prevents another person from performing a contract;
(b) that it consists in his threatening that a contract, whether he is a party to it or not, will be broken or will be prevented from being performed, or that he will induce another person to break a contract to which that other person is a party or will prevent another person from performing a contract; or
(c) that it is an interference with the trade, business or employment of another person, or with the right of another person to dispose of his capital or his labour as he wishes.
(2) An agreement or combination by 2 or more persons to do or procure to be done any act in contemplation or furtherance of an industrial dispute shall not render any of those persons liable to civil or criminal proceedings, if the act in question is one which, if done without any such agreement or combination, would not render him so liable. B - STATUS, RULES, MEMBERSHIP AND DISSOLUTION
16 Trade union to be a body corporate
(1) Subject to the other provisions of this Act, a registered trade union shallbe a body corporate having perpetual succession and a common seal and all the rights of a natural person.
(2) No property belonging to a trade union shall be disposed of, pledged, mortgaged or charged unless a majority of all the members of the trade union who are not disqualified from voting under section 20(2) have consented to the transaction.
(3) A trade union may sue and be sued in its corporate name and service of any notice or process by or on the secretary shall be deemed to be service on behalf of or on the trade union. 17 Rules of trade unions
(1) The rules of every trade union shall make provision for all the matters specified in the First Schedule.
(2) Every member of a trade union shall, on request made to the secretary and on payment of a fee of one rupee, be entitled to receive a copy of the rules of the trade union.
(3) A secretary who fails to supply a copy of the rules under subsection (2) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50 rupees. 18 Alteration of rules or change of name
(1) Subject to subsection (2), a trade union may alter its rules or change its name by a resolution approved at a general meeting held in accordance with the rules of the trade union.
(2) An alteration of the rules or a change of the name of a trade union shall not have effect until it is registered.
(3) An application for the registration of an alteration of the rules or a change of name of a trade union shall be made, in the prescribed form, to the Registrar and shall be accompanied by the prescribed fee.
(4) The Registrar may, by written notice, require the trade union to provide any further information he may reasonably require for the purpose of considering the application.
(5) The Registrar shall, in the prescribed manner, publish in the Gazette and in 2 daily newspapers a notice of any application for a change of the name of a trade union.
(6) Any other registered trade union may, not later than 21 days after the publication of the notice in the Gazette under subsection (5), lodge a written objection to the application with the Registrar.
(7) The Registrar shall, not later than 14 days after receiving an objection under subsection (6), by written notice, require the applicant trade union to show cause, within such time as may be specified in the notice, why the objection should not be upheld. 19 Consideration of application
(1) An alteration of the rules or a change of the name of a trade union shall
not be registered where -
(a) it has not been made in accordance with this Act or with the rules of the trade union; or
(b) at the time of the application for registration of the trade union, the trade union would not have been registered had -
(i) its rules included any provision contained in the alteration; or
(ii) its name been similar to the new name.
(2) The Registrar shall, on registering an alteration of the rules or a change of the name of a trade union, issue to the trade union a certificate of the registration in the prescribed form.
(3) Where the Registrar -
(a) refuses to register an alteration of the rules or a change of the name of a trade union; or
(b) rejects an objection to a change of the name of a trade union, he shall give written notice of his decision to the applicant trade union and to any trade union which has objected to the change of name.
(4) Any trade union aggrieved by a decision of the Registrar under this section may, not later than 14 days after the date of the notification of the decision, appeal against the decision to the Tribunal and, on appeal, the Tribunal may make such order as it thinks fit.
(5) The Registrar may appear and be heard on an appeal under subsection (4). 20 Membership
(1) No person shall be eligible to a member of a trade union unless he resides in Mauritius and -
(a) he is bona fide engaged in a trade which the trade union purports to represent; or
(b) if he is not so engaged, he has been so engaged at any time for a period of, or periods amounting in the aggregate to, not less than 18 months.
(2) No member of a trade union shall have the right to vote at a meeting of the trade union if his dues are in arrears by more than 3 months or such shorter period as may be specified in the rules of the trade union.
(3) The minimum age for membership of a trade union shall be 16 or such greater
age as may be specified in the rules of the trade union.
(4) Subject to section 24 and to the rules of the trade union, a member of a trade union who is a minor may enjoy all the rights of a member, and may execute any instrument or give any discharge required under the rules of the trade union. 21 Members' nominees
(1) Subject to subsection (2), a member of a trade union may, by written notice to the trade union, nominate a person to whom any money payable on the death of the member shall be paid.
(2) An officer of the trade union shall not be nominated under subsection (1) unless he is the husband, wife, father, mother or child of the member.
(3) A trade union shall, on receiving satisfactory proof of the death of a member, pay any money payable on the death of the member to the person nominated by the member under subsection (1). 22 Registered office
(1) Every trade union shall have a registered office to which all communications and notices may be addressed and where all the books and documents relating to the trade union shall be available for inspection by the Registrar or by any person having a pecuniary interest in the funds of the trade union.
(2) The trade union shall give notice of the address and to any change of its registered office to the Registrar. 23 Branches of trade unions
Where a trade union establishes or dissolves a branch, it shall give written notice of the establishment of the branch, or of the dissolution, to the Registrar not later than 14 days after the date of the establishment or of the dissolution. 24 Executive and officers
(1) No person shall be qualified to become or, having been so appointed or elected, shall continue to be an officer who -
(a) is a minor;
(b) is an undischarged bankrupt or is insolvent;
(c) has, within the 3 preceding years, been convicted of an offence involving fraud or dishonesty;
(d) in the case of a trade union of employees, is not a member of that trade union.
(2) Every trade union shall cause the names and titles of every officer to be prominently exhibited in its registered office and in the office of every branch.
(3) Every trade union shall, not later than 7 days after the appointment or election of its officers and of every change among its officers or in their titles, give written notice to the Registrar of the appointment, election or change.
(4) Where the Registrar has reasonable cause to believe that any change notified to him under subsection (3) was not made in accordance with this Act or the rules of the trade union, he shall not register the change and shall give written notice to the trade union of the ground on which the refusal is based.
(5) Any person aggrieved by a decision of the Registrar under subsection (4) may, not later than 14 days after the date of the notification of the decision, appeal against the decision to the Tribunal and, on appeal, the Tribunal may make such order as it thinks fit.
(6) The Registrar may appear and be heard on an appeal under subsection (5).
(7) Any person who, not being qualified as such under subsection (1), acts or purports to act as an officer, shall commit an offence. 25 Meetings of trade unions
(1) Every trade union shall, between 1 January and 31 March in every year, hold an annual general meeting.
(2) The notice convening an annual general meeting shall be published, not less than 21 days before the date of the meeting, in one daily newspaper approved by the Registrar.
(3) The notice convening the annual general meeting shall specify -
(a) that the meeting is convened as an annual general meeting; and
(b) that the matters to be considered at the meeting will include -
(i) the statement of accounts of the trade union for the preceding year;
(ii) the election of officers and members of the executive.
(4) Where an annual general meeting of a trade union consists of a meeting of delegates of branches or, in the case of a federation, of the constituent trade unions, the trade union shall, at the same time as the publication of the notice under subsection (2), give each branch or, in the case of a federation, each of the constituent trade unions, written notice setting out all the matters to be considered at the meeting and the number of delegates to be elected by each branch or by each of the constituent trade unions.
(5) Each branch or, in the case of a federation, each of the constituent trade unions shall, not later than 5 days after the publication of a notice under subsection (2), convene a general meeting at which -
(a) all the matters to be discussed at the annual general meeting of the delegates shall be considered;
(b) the delegates to represent the branch or, in the case of a federation, the constituent trade union shall be elected; and
(c) where the matters to be discussed at the annual general meeting include a resolution which, under this Act or under the rules of the trade union, must be approved by the members of the trade union, there shall be taken a ballot of the members of the branch or, in the case of a federation, of the members of the constituent trade union, on the resolution. 26 Taking of ballots
(1) Where a trade union proposes to take a ballot for any of the purposes specified in this Act or in its rules it shall, not less than 21 days before the date of the taking of the ballot, cause notice of the ballot to be published in one daily newspaper approved by the Registrar.
(2) A notice under subsection (1) shall specify -
(a) the day on which and the time and place at which the ballot is to be
taken; and
(b) the matter which is to be determined by the ballot.
(3) The persons appointed as scrutineers of a ballot shall, after the counting of the votes, certify the result of the ballot to the Registrar and secure the ballot papers which have been counted and those which have been rejected, in separate sealed parcels which shall be retained by the trade union for a period of at least 6 months. 27 Federation and amalgamation
(1) Subject to subsection (2), 2 or more trade unions (including federations) may combine to form a federation or amalgamate to form one trade union if a resolution for federation or amalgamation is approved, on a ballot, at a general meeting of every trade union concerned, by a majority of all the members of that trade union who are not disqualified from voting under section 20(2).
(2) A federation or amalgamation shall not have effect until the federation or the trade union formed by the amalgamation is registered.
(3) Where the Registrar registers a trade union formed by an amalgamation of 2 or more trade unions he shall cancel the registration of those trade unions. 28 Dissolution of trade unions
(1) Subject to subsection (2), a trade union may be dissolved where a resolution for its dissolution is approved at a general meeting held in accordance with the rules of the trade union.
(2) Where, under the rules of the trade union, provision is made for a special fund, the dissolution of the trade union shall not have effect until a majority of all the members who contribute to the special fund have approved the manner in which any asset of the fund is to be disposed of.
(3) Where a trade union resolves that it should be dissolved, it shall, not
later than 14 days after the date on which the resolution for the dissolution is approved in accordance with subsection (1), give written notice of the resolution in the Gazette and in 2 daily newspapers.
(5) The dissolution of a trade union shall take effect from the date of the publication of the notice in the Gazette under subsection (4).
(6) Where on the dissolution of any trade union, the Registrar is of opinion that the rules of the trade union for the disposal of its funds and other property are inadequate or are not being properly applied, he may issue to an officer such written directions as he considers necessary to safeguard the interest of the creditors or members of the trade union, and the officer shall comply with those directions.
C - PROPERTY AND FUNDS
29 Application of funds
(1) Subject to subsections (2) and (3), no trade union shall apply its funds
except for -
(a) expenditure incurred for the purpose of complying with this Act;
(b) the payment of reasonable emoluments to officers;
(c) reasonable expenditure for the administration of the trade union and the auditing of its accounts;
(d) the conduct of legal proceedings to which the trade union or any of its members is a party, where the proceedings are undertaken for the purpose of securing or protecting any rights of the trade union or of any of its members in relation to his contract of employment;
(e) the conduct of an industrial dispute on behalf of the trade union or any of its members, and the payment of compensation to members of the trade union for any loss arising out of an industrial dispute;
(f) benefits to members of the trade union or their dependents on account of accidents, unemployment, sickness, old age or death; and
(g) any other purpose approved by the Minister.
(2) No trade union shall apply any of its funds either directly or indirectly in payment of any penalty imposed upon any person by a court, other than a penalty imposed upon the trade union itself.
(3) No trade union shall apply any of its funds in support of or in connection with any unlawful strike or lock-out.
(4) Where, under the rules of a trade union, provision is made for any special fund, the rules applicable to that special fund -
(a) shall specify the expenses and benefits which may be paid out of that fund;
(b) shall not be altered except by a resolution approved, on a ballot, by a majority of the total number of members who contribute to that fund. 30 Restriction on use for political purposes
(1) No trade union shall apply any of its funds for a political object unless its rules provide for the setting up of a political fund from which payments for political objects may be made, and no assets of the trade union other than those forming part of the political funds shall be applied or charged for any political object.
(2) No assets of the trade union other than lawful contributions of members to the political fund shall be credited to that fund.
(3) Contribution to the political fund of a trade union shall not be made a condition of membership of the trade union.
(4) No member of a trade union shall be liable to contribute to a political fund unless he has, by written notice to the trade union, agreed to contribute to the fund.
(5) A member who is not liable to contribute to a political fund shall not be excluded from any benefits of the trade union, or placed in any disability or at any disadvantage as compared with other members who contribute to the political fund, except in relation to the control and management of the political funds.
(6) For the purposes of subsection (1), payments for political objects include expenditure incurred for -
(a) the payment of any expenses incurred, either directly or indirectly, by a candidate for election to the Assembly or to a local authority, before, during or after the holding of the election, in connection with his candidature or election;
(b) the holding of any meeting or the distribution of literature or documents in support of a candidate or prospective candidate;
(c) the registration of voters, or the selection of a candidate, for the Assembly or any local authority;
(d) the holding of a political meeting or the printing or distribution of political literature or political documents. 31 Political fund of federations
Where a federation has set up a political fund, no constituent trade union of the federation shall contribute to that fund unless -
(a) the constituent trade union has set up a political fund;
(b) the constituent trade union has, with the approval, on a ballot, of a majority of all the members of the constituent trade union who contribute to its political fund, given written notice to the federation that it agrees to contribute to the political fund;
(c) the contribution of the constituent trade union to the political fund of the federation is paid exclusively from the assets of the political fund of the constituent trade union. Back to Top 32 Notice to contribute to political fund
(1) A notice under section 30(4) or 31(b) shall have effect from the first day of the month following the month in which it is given and shall cease to have effect on the last day of the month following the month in which a written notice of intention to cease to contribute to a political fund is given.
(2) In the case of a federation, no notice of intention to cease to contribute to a political fund shall be given by a constituent trade union unless the approval, on a ballot, of a majority of all the members of the constituent trade union who contribute to its political fund has been obtained. 33 Misapplication of funds
(1) Where 5 or more members of a trade union, or the Registrar, have reason to believe that a trade union is incurring expenditure in breach of this sub-Part or of its rules, they may apply to the Court to restrain the trade union from incurring that expenditure and, on such an application, the Court may make such order as it thinks fit.
(2) Where an application under subsection (1) is made in relation to a trade union which has been or is about to be dissolved, the Court may order that the assets of the trade union be vested in the Registrar.
(3) Where an order under subsection (2) has been made, the assets of the trade union shall vest in the Registrar and the trade union shall be wound up by the Registrar in the prescribed manner. D - ACCOUNTS AND RETURNS 34 Keeping of accounts and records
(1) Every treasurer shall keep a record of all money received and paid by him for and on behalf of the trade union and shall -
(a) in respect of each year;
(b) on his resignation;
(c) on the expiry of his term of office; or
(d) where required so to do by the rules of the trade union, render to the trade union a true account of all money received and paid by him since his appointment or since he last rendered an account, whichever is the later.
(2) The treasurer of a trade union shall prepare a general statement in the prescribed manner of all receipts and expenditure of the trade union in respect of every year, and of the assets and liabilities of the trade union existing on 31 December in every year.
(3) Every account or statement prepared under this section shall be in the prescribed form and shall be audited by 2 persons to be appointed by the trade union with the approval of the Registrar.
(4) Every treasurer shall, in accordance with the rules of the trade union, hand over to the trade union the balance which on any audit appears to be due from him and all bonds, securities, books, papers or other property of the trade union in his possession, under his control or entrusted to his custody.
(5) Where a treasurer fails to comply with subsection (4), the trade union, any of its members acting on behalf of the trade union or the Registrar may, by judicial process before the Court, recover from the treasurer -
(a) the balance appearing to have been due upon the account, if any, last rendered by him;
(b) all other money received by him on account of the trade union; and
(c) all bonds, securities, books, papers or other property in his control or custody. 35 General statement to annual general meeting
(1) The treasurer of every trade union shall submit the general statement prepared under section 34(2) for the approval of the members of the trade union at the annual general meeting of the trade union and shall, on the application of a member of the trade union, deliver to him a copy of the statement.
(2) Every trade union shall cause a copy of the last general statement to be prominently exhibited in the registered office of the trade union and in the office of every branch. 36 Annual return to Registrar
Every trade union shall, on or before 1 April in every year, submit to the Registrar a return, in the prescribed form, containing -
(a) a certified copy of the general statement required to be prepared under section 34(2);
(b) a statement of the names and postal addresses of its officers; and
(c) a return of its membership as on 31 December of the previous year. 37 Retention and inspection of records
(1) Every trade union shall retain -
(a) for a period of at least 3 years after the last date to which they relate
-
(i) all books and statements of accounts, and auditors' report;
(ii) all registers of members, and all records of money paid by members to the trade union;
(b) for a period of at least 3 years after their date of origin, all minutes of meetings (including branch meetings), vouchers, receipts, correspondence and other documents relating to the affairs of the trade union.
(2) A trade union shall permit a member of the trade union to inspect the books and accounts of the trade union and the register of its members on his giving reasonable notice to the trade union. 38 Powers of Registrar in relation to accounts
(1) The Registrar may verify, inspect or audit the books and accounts of any trade union and, for this purpose, may require any trade union or any officer or former officer to appear and to produce for his inspection the books and accounts.
(2) The secretary or treasurer of a trade union shall, not later than 21 days after the receipt by him of a written notice from the Registrar, furnish the Registrar with such information relating to the trade union, including detailed accounts of the funds or other assets of the trade union or its branches, as may be specified in the notice. Back to Top PART IV - PERMANENT ARBITRATION TRIBUNAL, INDUSTRIAL RELATIONS COMMISSION AND NATIONAL REMUNERATION BOARD
39 Establishment of Tribunal
40 Functions of Tribunal
41 Establishment of Commission
42 Functions of Commission
43 References to Commission by Minister
44 Conciliation service
45 Establishment of Board
46 Functions of the Board
47 Principles to be applied
48 Intervention by the Attorney-General
A - PERMANENT ARBITRATION TRIBUNAL 39 Establishment of Tribunal
(1) There is established for the purposes of this Act a tribunal to be known as the Permanent Arbitration Tribunal.
(2) The Tribunal shall consist of -
(a)
(i) a President; and
(ii) a Vice-President, whose offices shall be public offices; and
(b) not more than 6 other members, who shall be appointed annually by the Minister after consultation with such organisations representing employees and employers as he considers appropriate.
(3) A person shall not be appointed President or Vice-President of the Tribunal unless he is qualified for appointment as a judge.
(4) Part I and, where appropriate, Part II of the Second Schedule shall have effect with respect to the Tribunal and its members. 40 Functions of Tribunal
The Tribunal shall have such functions as are set out in this Act or as may be prescribed or as may otherwise be provided by Parliament. B - INDUSTRIAL RELATIONS COMMISSION 41 Establishment of Commission
(1) There is established for the purposes of this Act a commission to be known as the Industrial Relations Commission.
(2) The Commission shall consist of a Chairman and not less than 3 nor more than 6 other members, who shall be appointed annually by the Minister, after consultation which such organisations representing employees and employers as he considers appropriate.
(3) Part II of the Second Schedule, where appropriate, shall have effect with respect to the Commission and its members. 42 Functions of Commission
The Commission shall have such functions as are set out in this Act or as may be prescribed or as may otherwise be provided by Parliament. 43 References to Commission by Minister
(1) The Minister may refer to the Commission any question relating to industrial relations generally or to industrial relations in any particular industry, and the Commission shall inquire into and report upon any question so referred.
(2) The report of the Commission on any question referred to it under subsection (1) may be published in such manner as the Minister may, after consultation with the Commission, determine. 44 Conciliation service
The Commission shall provide a conciliation service for the assistance of employees, employers and trade unions. C - NATIONAL REMUNERATION BOARD 45 Establishment of Board
(1) There is established for the purposes of this Act a board to be known as the National Remuneration Board.
(2) The Board shall consist of a Chairman, a Vice-Chairman and not less than 4 nor more than 10 other members who shall be appointed by the Minister, after consultation with such organisations representing employees and employers as he considers appropriate.
(3) The Chairman, Vice-Chairman and the members of the Board shall be appointed for such term as the Minister may determine.
(4)
(a) Where the Minister refers any matter to the Board under section 94, the Minister may appoint such even number of assessors as he thinks fit, half to represent employees and half to represent employers, to assist the Board in its determination of the matter.
(b) Before making any appointment under this subsection, the Minister shall consult such organisations representing employees and employers, interested in the particular matter, as he considers appropriate and where, after consultation, the Minister is unable to secure the consent of suitably representative persons for appointment as assessors, whether to represent employees or employers or both, the Minister may appoint assessors to represent employees only, or employers only, or may refrain from appointing any assessor.
(c) A person shall not be qualified to be appointed as an assessor if he is a
member of, or a candidate for election to, the Assembly or any local authority.
(5) Part II of the Second Schedule, where appropriate, shall have effect with respect to the Board and its members. 46 Functions of the Board
The Board shall have such functions as are set out in Part VIII or as may be prescribed or as may otherwise be provided by Parliament. 47 Principles to be applied
Where any matter is before the Tribunal, the Commission or the Board, the Tribunal, the Commission or the Board shall, in the exercise of their functions under this Act, have regard, inter alia, to -
(a) the interests of the persons immediately concerned and the community as a whole;
(b) the principles and practices of good industrial relations;
(c) the need for Mauritius to maintain a favourable balance of trade and balance of payments;
(d) the need to ensure the continued ability of the Government to finance development programmes and recurrent expenditure in the public sector;
(e) the need to increase the rate of economic growth and to provide greater employment opportunities;
(f) the need to preserve and promote the competitive position of local products in overseas market;
(g) the need to develop schemes for payment by results, and so far as possible to relate increased remuneration to increased labour productivity;
(h) the need to prevent gains in the wages of employees from being adversely affected by price increases;
(i) the need to establish and maintain reasonable differentials in rewards between different categories of skills and levels of responsibility; and
(j) the need to maintain a fair relation between the incomes of different sectors in the community. 48 Intervention by the Attorney-General
(1) Where any matter is before the Tribunal, the Commission or the Board, the Attorney-General may, for the purpose of giving such assistance to the Tribunal, the Commission or the Board as he may be able to provide, intervene in the matter if it appears to him that some question of public importance or affecting the public interest is in issue.
(2) The Attorney-General may, at the request of the Tribunal, the Commission or the Board, intervene in any matter before the Tribunal, the Commission or the Board.
(3) The Attorney-General may, on an intervention made under this section, tender such evidence, and make such submissions, as he thinks fit with respect to the matter before the Tribunal, the Commission or the Board.
(4) No intervention by the Attorney-General shall be taken to cause the Attorney-General to become a party to the matter before the Tribunal, and accordingly no order or award shall be made against the Attorney-General in any matter. Back to Top PART V - PROTECTION OF INDIVIDUAL RIGHTS
49 Rights of employees
50 Protection in unlawful actions
51 Closed shop agreement to be void A - TRADE UNION ACTIVITIES 49 Rights of employees
(1) Every employee shall, as between himself and his employer, have the right -
(a) to be a member of a trade union;
(b) not to be a member or to refuse to be a member of a trade union; and
(c) to take part, at the appropriate time, in the activities of a trade union of which he is a member, including the right to seek appointment or election as an officer of the trade union, and to hold office as such.
(2) No employer shall refuse to engage an employee or dismiss, penalise or otherwise discriminate against an employee by reason of his having exercised, his exercising, or wishing or being likely to exercise any right under subsection (1).
(3) Nothing in this section shall be construed as preventing an employer from encouraging an employee to join a trade union which has negotiating rights in respect of that employee.
(4) In this section -
"appropriate time" means time which -
(a) is outside the working hours of an employee; or
(b) is within the working hours of an employee and which, in accordance with arrangements with his employer, is consented to by, or on behalf of, the employer; "working hours" means any time when under his contract of employment, an employee is required to be at work.
(5) Any employer who fails to comply with subsection (2) shall commit an offence and shall, on conviction, be liable to imprisonment for a term not exceeding 6 months and to a fine not exceeding 2,000 rupees. 50 Protection in unlawful actions
Notwithstanding anything in the rules of a trade union, no person who refuses to participate in, or otherwise to act in furtherance of, any strike or lock-out which is unlawful, or who refuses to take any other action which is unlawful, shall, by reason of the refusal be subject to -
(a) expulsion from a trade union;
(b) removal from office as an officer;
(c) any fine or penalty imposed by a trade union;
(d) deprivation of any right or benefit to which he or his legal personal representatives would otherwise be entitled; or
(e) any disability or disadvantage, whether direct or indirect, as compared with other members of the trade union.
B - PROHIBITION OF CLOSED SHOP 51 Closed shop agreement to be void
(1) No employer shall enter into an agreement with a trade union which purports to -
(a) preclude the employer from engaging an employee who is not a member of a trade union;
(b) preclude the employer from engaging an employee who has not been recommended or approved by a trade union;
(c) require that one of the terms and conditions of employment of an employee shall be that that employee must become a member of a trade union.
(2) Any person who has been refused employment and who claims that the refusal was attributable wholly or partly to a provision in an agreement as is specified in subsection (1), may apply to the Court for an order under subsection (3).
(3) Where on an application under subsection (2) the Court finds -
(a) that a provision in an agreement as is specified in subsection (1) is or was in force; and
(b) that the refusal to employ the applicant was wholly or partly attributable to that provision, the Court may order the employer to pay to the applicant such sum by way of
compensation as the Court thinks just. Back to Top PART VI - PROMOTION OF INDUSTRIAL RELATIONS 52 Promotion of good industrial relations
53 Agreement of representational status
54 Order for representational status
55 Revocation of order
56 Applications to Commission
57 Extension of scope of application
58 Recommendations as regards recognition
59 Enforcement of recommendation for recognition
60 Order for recognition
61 Saving
62 Conditions for check-off agreements
63 Registration of check-off agreements
64 Tribunal may declare check-off agreements
65 Provisions relating to check-off agreements
66 Termination of check-off agreements
67 Application for agency shop order
68 Recommendations for agency shop order
69 Making of agency shop order
70 Effect of agency shop order
71 Workers Education Fund
72 Operation of agency shop order
73 Discontinuance of agency shop order
74 Limitations for applications
75 Deductions from wages of employees
76 Prohibition of other payments
77 Establishment of works councils A - CODE OF PRACTICE 52 Promotion of good industrial relations
(1) The Code of Practice set out in the Third Schedule shall -
(a) provide practical guidance for the promotion of good industrial relations; (b) provide practical guidance for the grant of negotiating rights; and
(c) assist employers and trade unions of employees to make effective collective agreements.
(2) A failure on the part of any person to observe any provision of the Code of Practice shall not of itself render that person liable to proceedings of any kind.
(3) In any proceedings under this Act any provisions of the Code of Practice which appears to the Tribunal, the Commission or the Court to be relevant to any question arising in the proceedings shall be taken into account for the purpose of determining that question. B - REPRESENTATIONAL STATUS 53 Agreement for representational status
An employer and a trade union of employees may enter into an agreement whereby the employer recognises the representational status of the trade union in relation to his employees who are members of the trade union. 54 Order for representational status
(1) Subject to subsection (2), a trade union of employees which has been refused representational status by an employer employing any of the members of the union may apply to the Court for an order directing the employer to recognise the representational status of the trade union.
(2) Where an application under subsection (1) relates to an employer in respect of whom the same trade union has previously made an application, the Court shall not consider the application unless -
(a) it is made after one year from the date on which the Court decided the previous application; and
(b) the applicant satisfies the Court that there has, since the previous application, been a change in circumstances sufficient to justify another application.
(3) Subject to subsection (4), the Court may make an order under this section where it is satisfied that -
(a) the applicant has sufficient resources and is sufficiently well organised
to effectively represent its members;
(b) the grant of the application is not likely to affect adversely any existing or proposed collective agreement; and
(c) the grant of the application is conducive to good industrial relations.
(4) The Court shall not, unless it considers that there are exceptional circumstances,make an order under this section where the applicant -
(a) has less than 100 members; or
(b) has less than 5 members in the employment of the employer. 55 Revocation of order
Where there has been a change of circumstances which would justify the revocation of an order under section 54, the Court may, at the instance of an employer, revoke the order. C – RECOGNITION 56 Applications to Commission
(1) An application for the consideration of any question relating to the claim of a trade union of employees or a joint negotiating panel for negotiating rights may be made to the Commission by the trade union or panel, or by the employer directly affected by the claim, or jointly by the trade union or the panel and the employer.
(2) Subject to subsection (3), the Commission shall consider an application under subsection (1) where it is satisfied that a reference of the question to the Commission is necessary with a view to promoting a satisfactory settlement.
(3) The Commission shall not consider an application under subsection (1) where it appears to the Commission that it is being invited to consider an order made by the Tribunal which is still in force or, in the case of an application which relates to a previous recommendation made by the Commission, if the application is made within one year of the date on which the previous recommendation was made. 57 Extension of scope of application
(1) Subject to subsection (2), where an application is made under section 56, the Commission may extend the scope of the application where, after hearing the parties on the proposed extension of the scope of the application, it appears to the Commission to be appropriate to do so in the interests of a satisfactory settlement of the question in issue.
(2) The scope of an application shall not be extended to any employer who is not specified in the original application, unless that employer has been made a party to the proceedings. 58 Recommendations as regards recognition
(1) Subject to subsections (3) and (4), the Commission shall make a recommendation on an application under section 56 and the recommendation may be made subject to such conditions as the Commission thinks fit,
(2) The Commission may, in making a recommendation under subsection (1), require
(a) a trade union of employees recommended for recognition as a sole bargaining agent, or for inclusion in a joint negotiating panel, to make sufficient trained officers available for purposes of collective bargaining;
or
(b) any trade union so recommended to undertake not to make or pursue any claim to be recognised as sole bargaining agent for any other bargaining unit consisting wholly or partly of employees of any employer to whom the recommendation relates.
(3) Where at any time while an application under section 56 is under consideration by the Commission, it appears to the Commission that a satisfactory settlement of the question in issue has been reached by agreement of the parties, it may terminate consideration of the application and confine its recommendation to a record of the terms of the agreement and of the material circumstances surrounding it.
(4) The Commission shall not recommend the recognition of a sole bargaining agent for a bargaining unit unless the Commission is satisfied that to effectively represent the bargaining unit -
(a) the trade union of employees concerned or, in the case of a joint negotiating panel, each of the trade unions concerned has sufficient resources and is sufficiently well organised; and
(b) the trade union of employees or the joint negotiating panel concerned is sufficiently supported by, or is acceptable to, the employees comprised in the bargaining unit.
(5) Where the Commission makes a recommendation under this section, it shall publish in such manner as it considers appropriate, the recommendations and the reasons for it. 59 Enforcement of recommendation for recognition
(1) Subject to subsection (2), where the Commission has made a recommendation for the recognition by an employer of a sole bargaining agent, an application for an order to enforce the recommendation may be made to the Tribunal by the trade union of employees concerned or, in the case of a joint negotiating panel, any of the trade unions concerned, or the employer.
(2) Except in the case of a recommendation which records an agreement between the parties, no application under subsection (1) shall be entertained by the Tribunal where it is made more than one year after the date on which the recommendation was made.
(3) The Tribunal shall, when considering an application under subsection (1), take into account any change in the material circumstances which appears to the Tribunal to have occurred since the making of the recommendation to which the application relates.
(4) Before making an order on an application under subsection (1), the Tribunal may refer to the Commission, for investigation and report, any question material to the application. 60 Order for recognition
(1) Where the Tribunal makes an order on an application under section 59, the order shall
(a) define the bargaining unit;
(b) specify the employer and the trade union or joint negotiating panel concerned;
(c) specify the duration of the order, which shall not exceed the period of 2 years beginning with the date of the recommendation to which the application relates;
(d) declare that, while the order remains in force, the trade union of employees or joint negotiating panel concerned shall be recognised as sole bargaining agent; and
(e) require the trade union of employees or joint negotiating panel and the employer concerned to meet at specified intervals or at such times and on such occasions as the circumstances may reasonably require for the purposes of collective bargaining.
(2) The Tribunal may, at the instance of any party specified in the order, revoke or vary an order made under subsection (1) where it is satisfied that there has been a change of circumstances, or any default on the part of any party specified in the order, which is sufficient to justify the revocation or variation of the order.
(3) The Tribunal may, in addition to any order it may make under this section, order the payment of compensation to a trade union by an employer where it is satisfied that the recommendation to which the application relates has not been put into effect or an order made by the Tribunal has not been complied with. 61 Saving
(1) Nothing in this Part shall prevent the parties affected by a recommendation of the Commission under section 58 or an order of the Tribunal under section 60(1) from agreeing to vary the recommendation or order.
(2) Where an agreement to vary a recommendation of the Commission under section 58 or an order of the Tribunal under section 60(1) is reached by the parties affected by the recommendation or the order, a copy of the agreement shall, not later than 14 days after the date on which the agreement is reached, be filed--
(a) in the case of a variation of a recommendation, with the Commission;
(b) in the case of a variation of an order, with the Tribunal. D - CHECK-OFF AGREEMENTS 62 Conditions for check-off agreements
(1) Subject to subsection (2), no employer shall refuse to enter into a check-off agreement with a trade union where -
(a) the trade union has negotiating rights;
(b) the trade union has a membership of not less than 200 persons and has had that membership for a period of not less than one year immediately preceding the date on which the request to enter the check-off agreement is made; and
(c) the employer employs not less than 10 members of the trade union.
(2) An employer may, at any time, enter into a check-off agreement with a trade union of employees. 63 Registration of check-off agreements
The terms of any check-off agreement shall be set out in a memorandum and signed by or on behalf of the parties and a copy of the memorandum shall, within one month of its being signed, be lodged with the Tribunal. 64 Tribunal may declare check-off agreements
(1) Where a trade union requests an employer to enter into a check-off agreement and the employer refuses to enter into the check-off agreement, the trade union may, whereit satisfies the conditions set out in section 62(1), make an application to the Tribunal for an order that a check-off agreement should have effect between the trade union and the employer, and, on hearing the application, the Tribunal may make such order as it thinks fit.
(2) Where, on an application under subsection (1), the Tribunal has made an order that a check-off agreement should come into force between a trade union and an employer, the trade union may, by written notice, require the employer to comply with the agreement in respect of the members of the trade union who are employed by him. 65 Provisions relating to check-off agreements
(1) Where a check-off agreement is in force, the following provisions shall have effect -
(a) a deduction of dues from the wages of an employee shall only be made where the employee has given written notice to the employer to make the deduction;
(b) the first deduction made pursuant to a notice given by an employee under paragraph (a) shall be made from the wages earned for the month following the month in which the notice is received by the employer;
(c) the notice given under paragraph (a) shall cease to have effect on the last day of the sixth month following the month in which written notice is given by the employee of his intention to cease to pay dues to the trade union;
(d) the employer shall, not later than the tenth day in each month, given written notice to the trade union of the names of any persons who have given notice under paragraph (a) -
(i) who have ceased to be employed by him; or
(ii) who have notified him of their intention to cease to pay dues to the trade union;
(e) where dues are validly altered in amount by a trade union -
(i) the trade union shall give written notice of the alteration to the employer; and
(ii) the employer shall deduct the amount of the dues as altered from the wages earned by an employee for the month following the month in which the notice of the alteration is received by him;
(f) the whole amount of the deductions shall accrue to the trade union.
(2) Every check-off agreement which is inconsistent with subsection (1) shall, to the extent of the inconsistency, be void. 66 Termination of check-off agreements
Where any of the conditions of section 62(1) is no longer satisfied by a trade union, the employer may apply to the Tribunal for the termination of the check-off agreement and, on hearing the application, the Tribunal may make such order as it thinks fit. E - AGENCY SHOP ORDERS Back to Top 67 Application for agency shop order
(1) Subject to section 74, where a check-off agreement is in force between a trade union and an employer, the trade union may make an application to the Commissioner for a recommendation that the Tribunal make an order in its favour directing that the contract of employment of an employee comprised in a bargaining unit shall include a condition that a deduction be made from the wages of the employee.
(2) The application under subsection (1) shall set out -
(a) the name and address of the trade union and of the employer against whom the application is made;
(b) the bargaining unit in respect of which the agency shop order is sought;
(c) the particulars of the check-off agreement to which the trade union and the employer are parties;
(d) the rules of the trade union relating to the payment of dues and the imposition of levies; and
(e) the amount of the dues and levies and the times at which the dues and levies are payable. 68 Recommendations for agency shop order
(1) The Commission shall, before recommending the making of an agency shop order, have regard to the material circumstances surrounding the application and in particular to -
(a) the amounts payable on admission, the dues and levies which may be imposed by the trade union, and the time at which those amounts become payable;
(b) the circumstances in which a member may be excused from the payment of dues or levies; and
(c) the circumstances in which a person may join, and may resign from, the trade union.
(2) The Commission shall not recommend an application unless it is satisfied that -
(a) the officers are elected and removable in a democratic manner; and
(b) any power contained in the rules of the trade union to waive the payment of dues or levies is limited to cases of genuine hardship.
(3) Where the Commission is of opinion that a prima facie case has been made out for recommending the making of an agency shop order, it shall take a ballot to determine, in relation to the employer against whom the application is made, the number of employees comprised in the bargaining unit specified in the application who are in favour of the making of the order.
(4) Where, in relation to the employer against whom the application is made, on a ballot under subsection (3), three-fourths or more of the employees comprised in the bargaining unit vote in favour of the making of an agency shop order, the Commission shall recommend that the Tribunal make the agency shop order.
(5) The recommendation under subsection (4) shall specify -
(a) the bargaining unit;
(b) the name and address of the trade union and the employer against whom the application is made;
(c) the total amount deductible monthly as contribution, being an amount which shall not exceed the monthly dues payable by a member of the trade union; and
(d) the union's share of the deduction in respect of each employee who is not a member of the trade union.
(6) The union's share specified in the recommendation of the Commission under this section shall in no case be less than 50 percent, or more than 75 percent, of the contribution. 69 Making of agency shop order
(1) Where the Commission makes a recommendation under section 68, the Tribunal may, after hearing the trade union and the employer against whom the application is made, make an agency shop order on such terms as it thinks fit.
(2) An agency shop order shall be in the prescribed form and shall come into operation on such day as may be fixed in the order. 70 Effect of agency shop order
(1) Notwithstanding any other enactment, where an agency shop order has been made under section 69 -
(a) all employees in the employment of the employer against whom the application is made comprised in the bargaining unit specified in the agency shop order, shall pay the contribution specified in the order;
(b) the agency shop order shall be binding on the employer who shall -
(i) deduct the contribution specified in the agency shop order from the wages of his employees comprised in the bargaining unit specified in the order; and
(ii) pay to the trade union concerned the union's share specified in the order.
(2) Any employee comprised in the bargaining unit and who is not a member of the trade union may, by written notice authorise the employer to pay to the trade union the whole of the contribution specified in the agency shop order, and the employer shall pay the amount accordingly.
(3) Where no notice under subsection (2) is given by an employee who is not a member of the trade union, the balance of the contribution after the payment of the union's share, shall be paid to the Workers Education Fund established under section 71. 71 Workers Education Fund
For the purposes of section 70(3) there is established a fund to be known as the Workers Education Fund which shall be administered in the prescribed manner. 72 Operation of agency shop order
(1) Where a trade union specified in an agency shop order under section 69 ceases to be registered under this Act, the order shall cease to have effect, and any other trade union may, in accordance with section 67, apply for an agency shop order in respect of the employees comprised in the bargaining unit specified in the agency shop order which has ceased to have effect.
(2) Where, on the application of a trade union, the Court is satisfied that there has been a breach of an agency shop order made in favour of the trade union, the Court may -
(a) make such order as it thinks fit for the enforcement of the agency shop
order; and
(b) order the payment of compensation to the trade union, by the employer, not exceeding 2,000 rupees in respect of any one application.
(3) Where an agency shop order is in force, the trade union specified in the order shall represent every employee comprised in the bargaining unit specified in the agency shop order in any dispute in which the employee is concerned, whether or not the employee is a member of the trade union.
(4) Where a trade union specified in an agency shop order fails to comply with subsection (3), any employee who is aggrieved by the non-compliance may make an application to the Court to revoke the agency shop order, and the Court may, upon hearing the application, make such order as it thinks fit. 73 Discontinuance of agency shop order
(1) Subject to subsection (2), where an agency shop order is in force, an employee comprised in the bargaining unit specified in the agency shop order may make an application to the Commission for a ballot to determine whether the agency shop order should not be discontinued.
(2) The Commission shall not consider an application under subsection (1) unless
(a) it is made after not less than 2 years after the date on which was taken -
(i) the ballot under section 68; or
(ii) a ballot under subsection (3) in respect of the same agency shop order; and
(b) the Commission is satisfied that not less than one-fifth of the employees comprised in the bargaining unit have signified in writing their concurrence in the application.
(3) Subject to subsection (2), the Commission shall, on an application being made under subsection (1), take a ballot of employees comprised in the bargaining unit specified in the agency shop order to which the application relates on the question whether the agency shop order should not be discontinued.
(4) The Commission shall notify the result of the ballot to the employee who made the application for a ballot, the employer and the trade union concerned.
(5) Where, on a ballot taken under subsection (3) -
(a) a majority of the employees eligible to vote; or
(b) three-fourths or more of those who voted in the ballot, have voted in favour of the discontinuance of the agency shop order, the order shall cease to have effect on the last day of the month following the month in which the ballot was taken. 74 Limitations for applications
An application by a trade union for an agency shop order in respect of a bargaining unit, or any part thereof, shall not be entertained by the Commission where it is made within 2 years of the date on which -
(a) an application in respect of the same bargaining unit was last made by the trade union; or
(b) an agency shop order in respect of the same bargaining unit in favour of the trade union ceased to have effect under section 73(5). F - PAYMENTS IN ACCORDANCE WITH CHECK-OFF AGREEMENTS OR AGENCY SHOP ORDERS 75 Deductions from wages of employees
(1) Where a deduction is made from the wages of an employee in accordance with a check-off agreement or an agency shop order -
(a) the amount of the deduction shall not be recoverable by the employee from his employer;
(b) not more than one deduction shall be made in respect of any month, and the deduction shall not exceed in amount the dues payable by any member of the trade union in respect of that month;
(c) a deduction shall only be made after all deductions required or permitted to be made by or under any other enactment have been made.
(d) every employer shall, not later than 14 days after making a deduction -
(i) pay over the amount accruing to the trade union concerned by cheque made payable to the trade union and marked "Account Payee", to a bank with which the trade union has a current account.
(ii) give written notice to the trade union of the remittance; and
(iii) pay over to the Workers Education Fund the amount accruing to the Fund, in such manner as may be prescribed;
(e) the trade union shall, not later than 14 days after the receipt of a notice under paragraph (d)(ii), deliver a written acknowledgment of the remittance to the employer.
(2) Where an employee takes part in an unlawful strike, the employer may decline to make any deduction as required by any check-off agreement or agency shop order from wages earned by the employee for the month in which the strike commences or continues. 76 Prohibition of other payments
(1) Subject to subsection (3), an employer who makes a deduction from the wages of an employee for the purpose of making a payment to a trade union shall, unless that deduction is made in accordance with a check-off agreement or of an agency shop order, commit an offence, and shall, on conviction, be liable to imprisonment for a term not exceeding 6 months and to a fine not exceeding 2,000 rupees.
(2) On the conviction of an employer under subsection (1) the Court may, in addition to any fine imposed, order the repayment to the employee of the amount of any deduction of wages made in contravention of this section.
(3) It shall be a defence in any proceedings under subsection (1) for an employer to satisfy the Court -
(a) that he was purporting to act in accordance with a check-off agreement or of an agency shop order;
(b) that the commission of the offence was due -
(i) to the employer's ignorance of any facts which he could not with reasonable diligence have ascertained; or
(ii) to a bona fide mistake in the keeping of the employer's records; and
(c) that the consequences of the ignorance or mistake have been rectified. G - WORKS COUNCILS 77 Establishment of works councils
(1) The Minister may require the Commission to examine the state of industrial relations in an industry and to report on the desirability or otherwise of
forming works councils in that industry.
(2) Subject to subsection (3), on any reference to the Commission under subsection (1), the Commission shall inquire into the matter and may recommend the establishment of works councils in the industry, and shall specify, in its recommendation, the terms on which the works councils should be established.
(3) The Commission shall not recommend the establishment of a works council in an undertaking in any industry where -
(a) it is satisfied that the establishment of a works council in the undertaking will not be conducive to good industrial relations;
(b) a works council or similar body is already functioning under a voluntary arrangement in the undertaking;
(c) there are less than 20 employees in the undertaking.
(4) Where the Commission recommends the establishment of works councils, the Minister may, by regulations, establish works councils in accordance with the terms specified by the Commission in its recommendation.
(5) Nothing in this section or in any regulations made under this Act relating to works councils shall prevent or discourage the establishment under voluntary arrangements in any undertaking of improved means of communication between employees and employer. Back to Top PART VII - INDUSTRIAL DISPUTES
78 Arbitration in industrial disputes
79 Reporting of industrial disputes
80 Rejection of report by Minister
81 Appeal to Tribunal
82 Consideration of report by Minister
83 Compulsory arbitration
84 Limitation on report of dispute
85 Effect of awards
86 Registration of collective agreement
87 Extension of awards and agreements
88 Interpretation of order, award and agreement
89 Order for adherence to agreed procedure
90 Order for utilisation of legal remedies
91 Order for adherence to award and agreement
92 Unlawful strikes or lock-outs
93 Imperilling the national economy
A - VOLUNTARY ARBITRATION 78 Arbitration in industrial disputes
(1) Subject to subsection (2), the parties to an industrial dispute may jointly refer the dispute to the Tribunal and thereupon the Tribunal shall inquire into the dispute and make an award on it.
(2) The Tribunal shall not inquire into any industrial dispute, or any matter connected with it where -
(a) notification of the reference of the dispute has not been given to the Minister;
(b) the dispute relates to any matter within the exclusive jurisdiction of the Court; or
(c) the dispute relates to any matter which is the subject of pending proceedings before the Commission or any court. B - REPORTING, INVESTIGATION, CONCILIATION AND COMPULSORY ARBITRATION OF
DISPUTES 79 Reporting of industrial disputes
(1) Any industrial dispute, whether existing or apprehended, may be reported to the Minister by or on behalf of any party to the dispute.
(2) Every report of an industrial dispute shall be made in writing and shall specify -
(a) the employees and employers, or the descriptions thereof, who are parties to the dispute;
(b) the party by whom or on whose behalf the report is made; and
(c) every issue or matter giving rise to the dispute.
(3) Where an industrial dispute is reported to the Minister, a copy of the report shall be served by or on behalf of the party making the report upon every other party to the dispute. 80 Rejection of report by Minister
(1) The Minister may reject a report under section 79, if it appears to him that the report
(a) relates in whole or in part to a dispute which is not an industrial dispute;
(b) is made by or on behalf of a party who is not, or is not entitled to be, a party to an industrial dispute in relation to any of the issues or matters raised in the report; or
(c) does not contain sufficient particulars of the issues or matters giving rise to the industrial dispute.
(2) Where the Minister rejects a report under subsection (1), he shall give written notice of the rejection to all the parties specified in the report. 81 Appeal to Tribunal
Where a report of an industrial dispute under section 79 is rejected by the Minister, any party aggrieved by the rejection may appeal against the rejection to the Tribunal and on any such appeal the Tribunal may confirm or revoke the decision of the Minister. 82 Consideration of report by Minister
(1) Where an industrial dispute has been reported to the Minister under section 79, and the report has not been rejected by the Minister under section 80 or, where it has been rejected, the rejection has been revoked on an appeal to the Tribunal under section 81, the Minister may, with a view to promoting a settlement of the dispute -
(a) make proposals to the parties for the settlement of the dispute;
(b) recommend that the parties make use or further use of any machinery for
the voluntary settlement of disputes available to them;
(c) refer the parties to the Commission for conciliation;
(d) cause the Commission to make an investigation into the dispute;
(e) advise the parties to refer the dispute to the Tribunal;
(f) subject to subsection (2), refer the dispute to the Tribunal.
(2) The Minister shall not refer a dispute to the Tribunal -
(a) within 14 days of the day on which the Minister received the report of the dispute under section 79; or
(b) where the parties are endeavouring to reach agreement, before the expiry of such longer period of time as the parties jointly declare they require for the settlement of the dispute. 83 Compulsory arbitration
Where any dispute is referred to the Tribunal by the Minister under section 82, the Tribunal shall, with all diligence, inquire into the dispute and make an award on it. 84 Limitation on report of dispute
Where a dispute has been referred to the Tribunal under this Part, no party to the dispute may report any other dispute between the same parties within the period of 6 months immediately following the date on which the original report was made. C - AWARDS AND AGREEMENTS
85 Effect of awards
(1) An award shall be published in the Gazette, and shall -
(a) state the parties, the employees and the employers to whom each of the provisions of the award shall apply;
(b) take effect -
(i) on the date of its publication in the Gazette; or
(ii) if it is expressed to have retrospective effect, on the date specified in the award; and
(c) be binding on all the parties to whom the award applies for such period not exceeding 2 years as the Tribunal may determine.
(2) Any party to whom an award applies may, while the award is in force, make an application to the Tribunal for a variation of the award and the Tribunal may, after hearing all the parties to whom the award applies, vary the award where it is satisfied that there has been, since the making of the award, a change in circumstances which justifies the variation.
(3) Subject to subsection (4), an award shall, from the date on which the award takes effect, be an implied term of every contract of employment between the employees and employers to whom the award applies until -
(a) it is varied by agreement or by a subsequent award under subsection (2); or
(b) it ceases to have effect.
(4) An award shall not contain any provision which is inconsistent with any enactment other than a Remuneration Order, relating to the terms or conditions of, or affecting, employment, and any award containing any such inconsistent provision shall, to the extent of the inconsistency, be void. 86 Registration of collective agreement
Where the parties to an industrial dispute which has been notified or reported to the Minister under this Part have reached a collective agreement by settlement, the terms of the agreement shall be set out in a memorandum which shall be signed by or on behalf of all the parties to the dispute, and any such party may lodge a copy of the memorandum duly signed with the Tribunal. 87 Extension of awards and agreements
(1) Subject to subsection (2), where an award or a collective agreement which governs the terms and conditions of employment in a part of an industry is in force, an employer or a trade union of employees to whom the award or agreement applies may make an application to the Tribunal for an order to extend the award or agreement to the whole of the industry, and on hearing the application, the Tribunal may grant or refuse the order.
(2) No order shall be made under subsection (1) unless the Tribunal is satisfied
that -
(a) the parties to the award or agreement are or represent a substantial proportion of the employees or of the employers in the industry, the employees being employees of the description to which the award or agreement applies;
(b) an employer engaged in the industry is not bound by the award or agreement;
(c) the extension of the award or agreement is necessary or desirable in the interests of uniformity of terms and conditions of employment in the industry. (3) An order under subsection (1) may be made subject to such conditions as the Tribunal thinks fit and, in particular, the order may provide that where an employer is observing terms and conditions of employment which are more favourable than the terms and conditions of employment specified in the award or agreement, the employer shall continue to be bound by the more favourable terms and conditions of employment.
(4) The terms of an order under subsection (1) shall be deemed to form part of the award or agreement and shall be deemed to have had effect on the date on which the award or agreement came into force. 88 Interpretation of order, award and agreement
(1) Where any question arises as to -
(a) the interpretation of any order or award made by the Tribunal;
(b) any order or award being inconsistent with any enactment;
(c) the interpretation of any collective agreement, any party to whom the order, award or agreement relates, or the Minister, may apply to the Tribunal for a declaration on the question, and thereupon the Tribunal shall make a declaration on the question after hearing the parties concerned.
(2) A declaration by the Tribunal under subsection (1) shall be notified to the parties and shall be deemed to form part of the order, award or collective agreement.
(3) Notwithstanding subsection (1), where a question arises out of any clerical mistake, incidental error or omission, the Tribunal may, on its own motion and without hearing the parties, make a declaration to rectify the mistake, error or omission. D - ENFORCEMENT OF COLLECTIVE BARGAINING 89 Order for adherence to agreed procedure
(1) Where it appears to the Tribunal on an application made to it under this section that, in regard to any existing or threatened strike or lock-out arising out of an industrial dispute, all the conditions specified in subsection (4) are fulfilled, the Tribunal may make an order under this section.
(2) An application under subsection (1) may be made by the Minister or by or on behalf of any party to an industrial dispute whether or not the dispute has been reported to the Minister under section 79 and where the dispute has been so reported, whether or not the report has been rejected by the Minister under section 80.
(3) An order under subsection (1) shall -
(a) require the parties named therein to make use of the existing machinery for the voluntary settlement of disputes; and
(b) declare any existing or threatened strike or lock-out in the industry named in it to be unlawful.
(4) The conditions specified for the purposes of subsection (1) in relation to an existing or a threatened strike or lock-out arising out of an industrial dispute in any industry, are -
(a) that there is machinery of negotiation or arbitration for the voluntary settlement of disputes in that industry;
(b) that a substantial proportion of the employees and of the employers in that industry are, either directly or indirectly, parties to an agreement for the use of that machinery;
(c) that that machinery is suitable for the settlement of that dispute; and
(d) that all practical means of reaching a settlement of that dispute through that machinery have not been exhausted. 90 Order for utilisation of legal remedies
(1) Where it appears to the Tribunal on an application made to it under this section that, in regard to any existing or threatened strike or lock-out arising out of an industrial dispute, the dispute relates wholly or mainly to issues specified in subsection (4), the Tribunal may make an order under this section.
(2) An application under subsection (1) may be made by the Minister or by or on behalf of any party to the dispute.
(3) An order under subsection (1) shall -
(a) require the parties named in it to make use of the procedure and remedies available under this Act or any other enactment; and
(b) declare any existing or threatened strike or lock-out in the industry named in it to be unlawful.
(4) The issues specified for the purposes of subsection (1) are issues or matters for the determination of which procedures and other remedies are
available under this Act or any other enactment, and without prejudice to the generality of the foregoing, include any issue or matter relating to -
(a) the recognition of a trade union of employees as having negotiating rights or representational status;
(b) the introduction or implementation of a check-off agreement;
(c) the legal rights of individual employees, whether as employees or members of trade unions. 91 Order for adherence to award and agreement
(1) Where it appears to the Tribunal on an application made to it under this section that, in regard to any existing or threatened strike or lock-out arising out of an industrial dispute, all the conditions specified in subsection (4) are fulfilled, the Tribunal may make an order under this section.
(2) An application may be made under subsection (1) by the Minister or by or on behalf of any party to the dispute and on any such application the Tribunal may, without hearing any of the other parties to the dispute, make an interim order for such limited duration as the Tribunal considers necessary and proper in order to safeguard the interests of the applicant.
(3) An order under subsection (1) shall -
(a) require the parties named in it to comply with the existing award or agreement; and
(b) declare any existing or threatened strike or lock-out in the industry named in it to be unlawful until a date specified in the order, being a date on which, in the opinion of the Tribunal, the award or agreement shall cease to have effect.
(4) The issues specified for the purposes of subsection (1) are issues or matters for the determination of which procedures and other remedies are available under this Act or any other enactment and, without prejudice to the generality of the foregoing, include any issue or matter relating to -
(a) the recognition of a trade union of employees or a joint negotiating panel as having negotiating rights or representational status;
(b) the introduction or implementation of a check-off agreement;
(c) the legal rights of individual employees, whether as employees or members of trade unions. E - UNLAWFUL STRIKES OR LOCK-OUTS
92 Unlawful strikes or lock-outs
(1) Subject to subsection (2) and (3), an existing or threatened strike or lock-out in any industry shall be unlawful unless -
(a) a report of the industrial dispute out of which it arises has been made under section 79;
(b) 21 days have elapsed since the date on which the Minister received the report and the dispute has not been settled or referred to the Commission or to the Tribunal; and
(c) the strike or lock-out commences within 56 days from the date on which the Minister received the report.
(2) Where the parties to an industrial dispute have, under section 82(2)(b), declared that they require a longer period than 21 days for the settlement of the dispute, an existing or threatened strike or lock-out in any industry shall be unlawful unless -
(a) the longer period so declared, and a further period of 7 days thereafter, have elapsed, and the dispute has not been settled or referred to the Tribunal; and
(b) the strike or lock-out commences within 35 days after the expiration of the longer period so declared.
(3) Where the Minister has rejected the report of an industrial dispute and his declaration has, on an appeal under section 81, been revoked, the time limits specified in subsection (1) shall be reckoned as from the date of the decision of the Tribunal on the appeal. 93 Imperilling the national economy
Where a strike or lock-out which is not unlawful has commenced and the Prime Minister is of opinion that the continuance of the strike or lock-out will imperil the national economy, he may, by regulations, declare that strike or lock-out to be unlawful and, thereupon, the strike or lock-out shall be unlawful for a period of 60 days beginning from the day following the day on which the regulations are published. Back to Top PART VIII - REMUNERATION ORDERS
94 References to the Board
95 Recommendations
96 Remuneration Orders
97 Effect of Remuneration Order
98 Permits to infirm and incapacitated persons
94 References to the Board
(1) Where the Minister is of opinion that it is expedient to fix a minimum
remuneration in respect of any category of employees, he may refer the matter to the Board.
(2)
(a) Without prejudice to subsection (1), a joint consultative or negotiating body composed of representatives of substantial numbers of employees and of employers in any industry may request the Minister to refer any matter concerning minimum remuneration in that industry to the Board.
(b) The Minister shall consider any request under paragraph (a) and may, if he thinks fit, refer the matter to the Board. 95 Recommendations
(1) Upon a reference under section 94, or on its own motion, the Board may submit to the Minister recommendations -
(a) for fixing the remuneration (including holiday remuneration) to be paid and prescribing the conditions of employment to be provided, either generally or for any particular industry, by their employers to or for all or any of the employees of the category mentioned in the recommendation; or
(b) for requiring holidays to be allowed by employers for any of the employees of the category mentioned in the recommendation.
(2) Before submitting any recommendation to the Minister, the Board shall -
(a) make such investigations as it thinks fit;
(b) publish in the Gazette and in at least 3 daily newspapers a notice specifying that copies of the recommendation it proposes to make may be obtained at the office of the Board and the time, which shall not be less than 7 nor more than 14 days from the date of the publication, within which written representations with respect to the proposed recommendation may be sent to the Board;
(c) consider any written representation made within the time specified in the notice;
(d) make such further inquiries or give such further consideration to the matter as it thinks necessary.
(3) The Board shall, not later than 28 days after the publication of the notice under subsection (2)(b), submit its recommendation to the Minister, either without amendment or with such amendments to the proposed recommendation as it thinks fit. 96 Remuneration Orders
(1) Where the Minister receives a recommendation under section 95, he may -
(a) by regulations, make a Remuneration Order implementing the recommendation;
(b) reject the recommendation and -
(i) make no Remuneration Order;
(ii) by regulations, make such Remuneration Order as he thinks fit; or
(c) refer the recommendation back to the Board with a request to reconsider
the recommendation in the light of observations the Minister may make.
(2) Where the Minister refers a recommendation back to the Board under subsection (1), the Board shall reconsider the recommendation and make a fresh
recommendation to the Minister and, on the submission of a fresh recommendation
by the Board, the Minister may -
(a) by regulations, make a Remuneration Order implementing it; or
(b) reject the fresh recommendation and -
(i) make no Remuneration Order; or
(ii) by regulations, make such Remuneration Order as he thinks fit.
(3) The Minister shall cause every Remuneration Order under this section to be
published in the Gazette and in at least 3 daily newspapers.
(4) Any Remuneration Order under this section shall take effect from a date
which shall be specified in the Order, and different dates may be fixed in
relation to different categories of employees.
(5) A Remuneration Order may be made to take effect retrospectively.
(6) A Remuneration Order may authorise specified benefits or advantages, being
benefits or advantages provided by the employer or by some other person under an
arrangement with the employer, to be reckoned as payment of wages by the
employer in lieu of payment in cash, and defining the value at which any such
benefits or advantages are to be reckoned. 97 Effect of Remuneration Order
(1) Subject to section 98, where a Remuneration Order is in force in relation to
an employee, the Order shall have effect notwithstanding the terms and
conditions contained in any agreement entered into by the employee.
(2) Subject to subsection (3), any employer who contravenes any Remuneration
Order made in respect of his employee shall commit an offence and shall, on
conviction, be liable to imprisonment for a term not exceeding 6 months and to a
fine not exceeding 2,000 rupees.
(3) It shall be a defence in any proceedings under subsection (2) for an
employer to satisfy the Court -
(a) that he has used every diligence to ensure compliance with this Part;
(b) that the offence was committed -
(i) without his knowledge, consent, or connivance; or
(ii) by reason of a bona fide mistake in the keeping of his records; and
(c) that the consequences of the ignorance or mistake have been rectified.
(4) Where an employer is convicted of an offence under subsection (2) which
consists in the payment to an employee of a lesser remuneration than the minimum
remuneration specified in a Remuneration Order, the Court may, without prejudice
to any penalty which may be imposed under subsection (2), order the employer to
pay to the employee the amount which represents the difference between the
amount which ought to have been paid to the employee and the amount actually
paid. 98 Permits to infirm and incapacitated persons
(1) Where, in respect of a person employed or desiring to be employed in
circumstances in which a Remuneration Order applies or will apply to him, the
Principal Labour Officer or any public officer duly authorised by him is
satisfied, on application being made to him either by the person or his employer
or prospective employer, that the person is affected by infirmity or physical
incapacity which renders him incapable of earning the minimum remuneration
specified in a Remuneration Order, he may, subject to such conditions as he
thinks fit, grant a permit authorising the employment of that person at less
than the minimum remuneration so specified.
(2) Where a permit under subsection (1) is in force, the remuneration authorised
to be paid to the employee under the permit shall, subject to compliance with
the conditions under which the permit has been granted, be deemed to be the
minimum remuneration in relation to that employee.
(3) Where a person is employed at a lesser rate than the minimum remuneration
specified, the employer shall give written notice to the Principal Labour
Officer of the employment and of the rate of remuneration.
(4) Any person, employer or prospective employer who is aggrieved by the
decision of the Principal Labour Officer or officer authorised by him to grant
or to refuse to grant a permit under subsection (1) may make an application to
the Tribunal to reverse the decision, and, on hearing the application, the
Tribunal may make such order as it thinks fit. Back to Top PART IX - THE PUBLIC SERVICE AND CIVIL SERVICE UNIONS
99 Application of Act to public service
100 Civil Service Arbitration Tribunal
99 Application of Act to public service
In the application of this Act to the public service and civil service unions -
(a) the functions of the Permanent Arbitration Tribunal, the Industrial
Relations Commission and the Minister shall be exercised -
(i) in the case of the Tribunal, by the Civil Service Arbitration Tribunal
established under section 100;
(ii) in the case of the Commission, by such machinery as may be prescribed;
(iii) in the case of the Minister, by the Minister to whom responsibility
for the public service is assigned; and
(b) sub-Part C of Part IV, sub-Part G of Part VI, Part VIII, section 108(b)
and the Second Schedule shall not apply. 100 Civil Service Arbitration Tribunal
(1) There is established for the purposes of this Part a Tribunal to be known as
the Civil Service Arbitration Tribunal which shall consist of -
(a) a President to be appointed by the Minister; and
(b) 2 assessors who shall be chosen in such manner as may be prescribed.
(2) The President of the Permanent Arbitration Tribunal established under
section 39 may be appointed President of the Civil Service Arbitration Tribunal.
(3) In the exercise of its functions under this Act the Civil Service
Arbitration Tribunal shall, in so far as may be appropriate -
(a) have regard to the principles laid down in section 47;
(b) be guided by the Code of Practice set out in the Third Schedule.
(4) The Civil Service Arbitration Tribunal shall have such other functions as
may be prescribed or may otherwise be provided by Parliament.
(5) The Civil Service Arbitration Tribunal shall regulate its proceedings in
such manner as it may determine. Next
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