Labour Act, 2003 (Act 651)
This section says the Act applies to all workers and employers, except the Armed Forces, Police Service, Prison Service, and specified security and intelligence agencies.
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About this statute
This section says the Act applies to all workers and employers, except the Armed Forces, Police Service, Prison Service, and specified security and intelligence agencies. The Minister must establish Public Employment Centres by Executive Instrument, and each Centre established under this section is answerable to the Minister. Each Centre must help people find jobs, help employers find workers, support mobility and labour-market planning, and provide registration, training, retraining, and vocational guidance services. An unemployed person may apply to the appropriate Centre for registration, and the Centre officer must record the application and issue a certificate of registration. An employer may hire workers through a Centre or a Private Employment Agency.
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Provisions of Labour Act, 2003 (Act 651)
Showing 136 of 136
- 1 Verify source ↗
Scope of application PART II—PUBLIC EMPLOYMENT CENTRES AND PRIVATE EMPLOYMENT AGENCIES
This section says the Act applies to all workers and employers, except the Armed Forces, Police Service, Prison Service, and specified security and intelligence agencies.
Section 1—Scope of Application. This Act applies to all workers and to all employers except the Armed Forces, the Police Service, the Prison Service and the Security and Intelligence Agencies specified under the Security and Intelligence Agencies Act 1996 (Act 526). PART II—PUBLIC EMPLOYMENT CENTRES AND FEE-CHARGING EMPLOYMENT AGENCIES - 2 Verify source ↗
Establishment of Public Employment Centres and registration of private employment agencies
The Minister must establish Public Employment Centres by Executive Instrument, and each Centre established under this section is answerable to the Minister.
Section 2—Establishment of Public Employment Centres and Registration of Private Employment Agencies. (1) The Minister shall by Executive Instrument establish Public Employment Centres for the discharge of the functions stated in section 3. (2) A Centre established under subsection (1) is answerable to the Minister. - 3 Verify source ↗
Functions of the Centres
Each Centre must help people find jobs, help employers find workers, support mobility and labour-market planning, and provide registration, training, retraining, and vocational guidance services.
Section 3—Functions of the Centres. Each Centre shall 10 10 (a) assist unemployed and employed persons to find suitable employment and assist employers to find suitable workers from among such persons; (b) take appropriate measures to (i) facilitate occupational mobility with a view to adjusting the supply of labour to employment opportunities in the various occupations; (ii) facilitate geographical mobility with a view to assisting the movement of unemployed and employed persons to areas with suitable employment opportunities; and (iii) facilitate temporary transfers of unemployed and employed persons from one place to another as a means of meeting temporary local maladjustment in the supply of or demand for unemployed persons; (c) assist in social and economic planning by providing labour market information to stakeholders to ensure a favourable employment situation; (d) provide vocational guidance facilities to young persons; (e) provide arrangements for the registration, employment, training and retraining of persons with disability; and (f) provide arrangements for the registration of employed and unemployed persons (i) with recognised technical, vocational or professional qualifications or those without these qualifications but have had experience of a level higher than that of an artisan; (ii) who are of the level of supervisors or foremen; (iii) with experience at administrative, managerial or senior executive levels; and (iv) who have received training at the tertiary level. - 4 Verify source ↗
Registration of unemployed persons
An unemployed person may apply to the appropriate Centre for registration, and the Centre officer must record the application and issue a certificate of registration.
Section 4—Registration of Unemployed Persons. (1) An unemployed person may make an application in the prescribed form to the appropriate Centre for registration in the appropriate register. (2) On receipt of the application, the officer in charge of the Centre shall enter the particulars of the application in the appropriate register and issue to the applicant a certificate of registration in the prescribed form. - 5 Verify source ↗
Employment through Centres or Agencies
An employer may hire workers through a Centre or a Private Employment Agency.
Section 5—Employment through Centres or Agencies. An employer may employ any worker either through a Centre or a Private Employment Agency. - 6 Verify source ↗
Employment data
The Chief Labour Officer or an authorised officer must give every employer a questionnaire, and the employer must complete and return it within 14 days after each three-month period.
Section 6—Employment Data. (1) The Chief Labour Officer or an officer authorised by the Chief Labour Officer shall, submit to every employer a questionnaire relating to employment of workers by the employer within the respective Centre. (2) The employer shall complete and return the questionnaire to the Chief Labour Officer or the authorised officer within fourteen days after the expiry of every three month. 11 11 (3) Where an employer fails or refuses to complete and return the questionnaire as required under subsection (2) the Chief Labour Officer shall direct the employer to do so within a specified time, and the employer shall comply with the direction. - 7 Verify source ↗
Private Employment Agencies PART III—PROTECTION OF EMPLOYMENT
Private employment agencies can only be established or operated by a corporate body that has applied for and received a licence from the Minister.
Section 7—Private Employment Agencies. (1) A person shall not establish or operate a Private Employment Agency unless that person is a corporate body, has applied to, and has been granted a licence by the Minister. (2) A licence granted by the Minister under subsection (1) shall, subject to the terms and conditions stipulated in the licence, be valid for a period of twelve months. (3) The licence of an Agency may be renewed for a period of twelve months upon application made to the Minister. (4) There shall be paid by an Agency for the issue or renewal of the licence such fee as the Minister may by legislative instrument prescribe. (5) An Agency may recruit workers for employment in a country outside Ghana if it is authorised to do so under its licence and if there exists an agreement between the Government and that other country. (6) An Agency shall submit to the Minister not later than fourteen days after the end of every three months returns in respect of workers recruited for employment, whether in Ghana or outside Ghana, during that period. (7) An Agency shall refund fifty percent of the fees paid by a client to the Agency, if the Agency is unable to secure a job placement for the client after the expiration of three months. (8) The Minister shall revoke the licence of any Agency that fails to comply with subsection (6). PART III—PROTECTION OF EMPLOYMENT - 8 Verify source ↗
Rights of employers
An employer has rights, subject to this Act and other enactments, to manage workers and business operations.
Section 8—Rights of Employer. Subject to this Act and any other enactment, the rights of an employer include the right to (a) employ a worker, discipline, transfer, promote and terminate the employment of the worker; (b) formulate policies, execute plans and programmes to set targets; (c) modify, extend or cease operations; and (d) determine the type of products to make or sell and the prices of its goods and services. - 9 Verify source ↗
Duties of employers
Employers must provide work, pay agreed remuneration properly, protect workers’ health and safety, train workers, maintain discipline procedures, give workers a copy of the employment contract, keep communication open, and protect workers’ interests.
Section 9—Duties of Employers. Without prejudice to the provisions of this Act and any other enactment for the time being in force, in any contract of employment or collective agreement, the duties of an employer include the duty to (a) provide work and appropriate raw materials, machinery, equipment and tools; 12 12 (b) pay the agreed remuneration at the time and place agreed on in the contract of employment or collective agreement or by custom without any deduction except deduction permitted by law or agreed between the employer and the worker; (c) take all practicable steps to ensure that the worker is free from risk of personal injury or damage to his or her health during and in the course of the worker's employment or while lawfully on the employer's premises; (d) develop the human resources by way of training and retraining of the workers; (e) provide and ensure the operation of an adequate procedure for discipline of the workers; (f) furnish the worker with a copy of the worker's contract of employment; (g) keep open the channels of communication with the workers; and (h) protect the interests of the workers. - 10 Verify source ↗
Rights of a worker
Workers are entitled to safe working conditions, equal pay for equal work, rest and paid holidays, union membership, training, and work-related information.
Section 10—Rights of a Worker. The rights of a worker include the right to (a) work under satisfactory, safe and healthy conditions; (b) receive equal pay for equal work without distinction of any kind; (c) have rest, leisure and reasonable limitation of working hours and period of holidays with pay as well as remuneration for public holidays; (d) form or join a trade union; (e) be trained and retrained for the development of his or her skills; and (f) receive information relevant to his or her work. - 11 Verify source ↗
Duties of workers
Workers have a duty to work conscientiously, follow lawful instructions, be punctual, protect co-workers’ safety, and care for employer property.
Section 11—Duties of Workers. Without prejudice to the provisions of this Act, the duties of a worker in any contract of employment or collective agreement, include the duty to (a) work conscientiously in the lawfully chosen occupation; (b) report for work regularly and punctually; (c) enhance productivity; (d) exercise due care in the execution of assigned work; (e) obey lawful instructions regarding the organisation and execution of his or her work; (f) take all reasonable care for the safety and health of fellow workers; (g) protect the interests of the employer; and (h) take proper care of the property of the employer entrusted to the worker or under the immediate control of the worker. - 12 Verify source ↗
Contract of employment
Employers must use a written contract of employment for employment lasting six months or more, or the equivalent in working days within a year.
Section 12—Contract of Employment. 13 13 (1) The employment of a worker by an employer for a period of six months or more or for a number of working days equivalent to six months or more within a year shall be secured by a written contract of employment. (2) A contract of employment shall express in clear terms the rights and obligations of the parties. - 13 Verify source ↗
Written statement of particulars of contract of employment
The employer must give the worker a signed written statement of the main terms of employment within two months after employment starts, subject to the contract terms.
Section 13—Written Statement of Particulars of Contract of Employment. Subject to the terms and conditions of a contract of employment between an employer and a worker, the employer shall within two months after the commencement of the employment furnish the worker with written statement of the particulars of the main terms of the contract of employment in the form set out in Schedule I to this Act signed by the employer and the worker. - 14 Verify source ↗
Prohibition of restrictive conditions of employment
Employers must not impose or use restrictive or discriminatory conditions against people seeking work or already employed.
Section 14—Prohibition of Restrictive Conditions of Employment. An employer shall not in respect of any person seeking employment, or of persons already in his employment (a) require that person to form or join a trade union or to refrain from forming or joining a trade union of his or her choice; (b) require that person to participate or refrain from participating in the lawful activities of a trade union; (c) refuse to employ the person because of that person's membership of a trade union; (d) promise the person any benefit or advantage for not participating in trade union activities; or (e) discriminate against the person on grounds of gender, race, colour, ethnic origin, religion, creed, social or economic status, disability or politics. - 15 Verify source ↗
Grounds for termination of employment
A contract of employment may be ended for several stated reasons, including mutual agreement, ill-treatment or sexual harassment, death of the worker, medical unfitness, sickness or accident, incompetence, or proven misconduct.
Section 15—Grounds for Termination of Employment. A contract of employment may be terminated, (a) by mutual agreement between the employer and the worker; (b) by the worker on grounds of ill-treatment or sexual harassment; (c) by the employer on the death of the worker before the expiration of the period of employment; (d) by the employer if the worker is found on medical examination to be unfit for employment; (e) by the employer because of the inability of the worker to carry out his or her work due to (i) sickness or accident; or (ii) the incompetence of the worker; or (iii) proven misconduct of the worker. - 16 Verify source ↗
Types of contract of employment
This section classifies an employment contract by how pay is set: monthly pay means month to month, weekly pay means week to week, and any other pay rate means the contract is determinable at will.
Section 16—Types of Contract of Employment. 14 14 Where by a contract of employment a worker is entitled to be paid, (a) remuneration at a monthly rate, the contract is a contract from month to month; (b) remuneration at a weekly rate, the contract is a contract from week to week; or (c) remuneration at a rate other than monthly or weekly rate, the contract is a contract determinable at will. - 17 Verify source ↗
Notice of termination of employment
This section sets notice rules for ending an employment contract, including different notice periods by contract length and a writing requirement for notice.
Section 17—Notice of Termination of Employment. (1) A contract of employment may be terminated at anytime by either party giving to the other party, (a) in the case of a contract of three years or more, one month's notice or one month's pay in lieu of notice; (b) in the case of a contract of less than three years, two weeks' notice or two weeks' pay in lieu of notice; or (c) in the case of contract from week to week, seven days' notice. (2) A contract of employment determinable at will by either party may be terminated at the close of any day without notice. (3) A notice required to be given under this section shall be in writing. (4) The day on which the notice is given shall be included in the period of the notice. - 18 Verify source ↗
Remuneration on termination of employment
When employment ends, the employer must pay the worker owed wages and certain other amounts, including some foreign-contract travel and repatriation expenses.
Section 18—Remuneration on Termination of Employment. (1) When a contract of employment is terminated in the manner stated in section 15, the employer shall pay to the worker, (a) any remuneration earned by the worker before the termination; (b) any deferred pay due to the worker before the termination; (c) any compensation due to the worker in respect of sickness or accident; and (d) in the case of foreign contract, the expenses and necessaries for the journey and repatriation expenses in respect of the worker and accompanying members of his or her family in addition to any or all of the payments specified in paragraphs (a), (b) and (c) of this subsection. (2) The employer shall pay to the worker not later than the date of expiration of the notice all remuneration due to the worker as at that date. (3) Where no notice is required, the payment of all remuneration due shall be made not later than the next working day after the termination. (4) Notwithstanding section 17(1), either party to a contract of employment may terminate the contract without notice if that party pays to the other party a sum equal to the amount of remuneration which would have accrued to the worker during the period of the notice. - 19 Verify source ↗
Exception PART IV—GENERAL CONDITIONS OF EMPLOYMENT Sub-Part I—Annual leave with pay
Sections 15 to 18 do not apply if a collective agreement has express termination terms that are more favorable to the worker.
Section 19—Exception. 15 15 The provisions of sections 15, 16, 17 and 18 are not applicable where in a collective agreement there are express provisions with respect to the terms and conditions for termination of the contract of employment which are more beneficial to the worker. PART IV—GENERAL CONDITIONS OF EMPLOYMENT Sub-Part I—Annual Leave with Pay - 20 Verify source ↗
Leave entitlement
Workers in an undertaking are entitled to at least 15 working days of paid leave for each calendar year of continuous service.
Section 20—Leave Entitlement. (1) In any undertaking every worker is entitled to not less than fifteen working days leave with full pay in any calendar year of continuous service. (2) The expression "full pay" means the worker's normal remuneration, without overtime payment, including the cash equivalent of any remuneration in kind. - 21 Verify source ↗
Continuous service 2 2
Continuous service is not treated as broken by a mere change of ownership or management, and a worker may still satisfy the continuous-service requirement in a year when work is irregular if they have worked at least 200 days in that year.
Section 21—Continuous Service. (1) Continuity of service shall not be regarded as interrupted by mere change of ownership or management of the undertaking. (2) Where the work is not regularly maintained throughout the year, the requirement of continuous service shall be deemed to have been met if the worker has worked for not less than two hundred days in the particular year. - 22 Verify source ↗
Interruption of work by public holidays, sickness of worker etc
A worker’s annual leave entitlement is not affected by public holidays, certified sickness absence, pregnancy, or confinement.
Section 22—Interruption of Work by Public Holidays, Sickness of Worker. Public holidays and absence from duty due to sickness certified by a medical practitioner, and pregnancy and confinement, shall not affect the annual leave entitlement of a worker. - 23 Verify source ↗
Interruption of work by voluntary communal work, civic duties and special leave
A worker’s absence for voluntary communal work, civic duties, or special leave with the employer’s permission is not counted as annual leave.
Section 23—Interruption of Work by Voluntary Communal Work, Civic Duties and Special Leave. A period during which a worker is absent from his or her normal duties with the permission of the employer on account of the worker's participation in voluntary communal work, the discharge of civic duties or the granting of special leave with or without pay, shall not be counted as part of the worker's annual leave. - 24 Verify source ↗
Sick leave not part of annual leave
Sick leave certified by a medical practitioner and taken during annual leave is not counted as annual leave.
Section 24—Sick Leave not Part of Annual Leave. A period of absence from work allowed owing to sickness, which is certified by a medical practitioner, and which occurs after the commencement of and during annual leave shall not be computed as part of the leave. - 25 Verify source ↗
Leave to be uninterrupted
Workers are generally entitled to uninterrupted leave, but an employer may require an interruption in urgent necessity.
Section 25—Leave to be Uninterrupted. (1) Every worker is entitled to enjoy an unbroken period of leave but an employer, in cases of urgent necessity, may in accordance with this section, require a worker to interrupt his or her leave and return to work. (2) Where a worker is required by the employer to interrupt his or her leave in the circumstances specified in subsection (1) the worker shall not forfeit the right to the remainder of the leave but shall take the leave anytime thereafter. 16 16 (3) Where a worker takes his or her annual leave at the end of a calendar year, the leave may continue except as provided in sub-section (1) without interruption, into the following year. - 26 Verify source ↗
Employer to bear cost of leave interruption
If an employer requires a worker to stop annual leave under section 25, the employer must pay the worker any reasonable expense caused by the interruption and resuming the leave.
Section 26—Employer to bear Cost of Leave Interruption. Any employer who requires a worker to interrupt his or her annual leave in the circumstances stated in section 25, shall make up to the worker any reasonable expense incurred on account of the interruption, and also resumption of the leave by the worker. - 27 Verify source ↗
Record of employment, leave
Employers must keep records about workers’ annual leave, and workers should be notified of the leave start date at least 30 days in advance where possible.
Section 27—Record of Employment, Leave. (1) A worker shall, as much as may be possible, be given notice of the date of commencement of his or her annual leave, at least, thirty days before the worker takes the leave. (2) Every employer is required to keep a record showing the following particulars, (a) the date of employment of each worker employed by the employer and the duration of the annual leave to which the worker is entitled; (b) the dates on which the annual leave is taken by each worker; and (c) the remuneration received by each worker in respect of the annual leave. - 28 Verify source ↗
Worker may take leave in two equal parts
A worker may take annual leave in two approximate equal parts.
Section 28—Worker May Take Leave in Two Equal Parts. Without prejudice to the provisions of this Sub-Part, a worker may be permitted to take his or her annual leave in two approximate equal parts. - 29 Verify source ↗
Leave entitlement to be restored to suspended worker on reinstatement
If a suspended worker is reinstated, the worker is entitled to take the leave they would have earned without the suspension.
Section 29—Leave Entitlement to be Restored to Suspended Worker on Reinstatement. Where a worker, suspended from the service of his or her employer prior to disciplinary or criminal proceedings being taken against him or her is reinstated, the worker shall be entitled to take the leave he or she would have had if he or she had not been suspended. - 30 Verify source ↗
Termination of employment not to affect leave entitlement earned
If a worker’s employment ends, the worker still gets annual leave proportional to service during the calendar year, and other earned grants or awards are not to be taken away.
Section 30—Termination of Employment not to Affect Leave Entitlement Earned. (1) Where the employment of a worker is terminated, the worker is entitled to annual leave in proportion to the period of service in the calendar year. (2) The worker shall not be deprived of any other grants or awards to which the worker is entitled including payment in lieu of notice of termination. (3) Subsections (1) and (2) do not apply to cases where the employer has the right to dismiss a worker without notice. - 31 Verify source ↗
Agreement to forgo leave to be void
An agreement to give up annual leave is void.
Section 31—Agreement to Forgo Leave to be Void. Any agreement to relinquish the entitlement to annual leave or to forgo such leave is void. - 32 Verify source ↗
Sub-Part not applicable to family concerns Sub-Part II—Hours of work
This Sub-Part on hours of work does not apply to a person employed in an undertaking if only the employer’s family members are employed there.
Section 32—Sub-Part not Applicable to Family Concerns. This Sub-Part does not apply to a person employed in an undertaking in which only members of the family of the employer are employed. Sub-Part II—Hours of Work - 33 Verify source ↗
Maximum hours of work
A worker’s hours of work must not exceed 8 hours a day or 40 hours a week, except where this Act expressly provides otherwise.
Section 33—Maximum Hours of Work. 17 17 The hours of work of a worker shall be a maximum of eight hours a day or forty hours a week except in cases expressly provided for in this Act. - 34 Verify source ↗
Different hours of work
An undertaking or branch may set work hours different from eight hours a day, but only within stated limits.
Section 34—Different Hours of Work. The rules of any undertaking or its branch may prescribe hours of work different from eight hours a day on one or more days in the week, subject to the following, (a) where shorter hours of work are fixed, the hours of work on the other days of the week may be proportionately longer than eight hours but shall not exceed nine hours a day or a total of forty hours a week; (b) where longer hours of work are fixed the average number of hours of work reckoned over a period of four weeks or less shall not exceed eight hours a day or forty hours a week; or (c) in the case of an undertaking the work of which is of a seasonal nature, where longer hours of work are fixed, the average number of hours of work over a period of one year shall not exceed eight hours a day except that the hours of work which may be fixed under this paragraph shall not exceed ten hours a day. - 35 Verify source ↗
Paid Overtime
Overtime is extra hours worked beyond the undertaking’s fixed working hours; a worker cannot be required to do overtime unless overtime pay rates are fixed, and compulsion is limited to viable work or emergency situations.
Section 35—Paid Overtime. (1) Subject to subsections (2) and (3), where a worker in an undertaking works after the hours of work fixed by the rules of that undertaking, the additional hours done shall be regarded as overtime work. (2) A worker in any such undertaking may not be required to do overtime work unless that undertaking has fixed rates of pay for overtime work. (3) A worker shall not be compelled to do overtime work except for undertakings or enterprises (a) the very nature of which requires overtime in order to be viable; or (b) which are subject to emergencies that require that workers engage in overtime work in order to prevent or avoid threat to life and property. - 36 Verify source ↗
Shifts
Workers may be put on shifts, but where shift hours are averaged over four weeks or less, they must stay within 8 hours a day or 40 hours a week if there is an established shift timetable.
Section 36—Shifts. Workers may be employed in shifts, but the average number of hours reckoned over a period of four weeks or less shall not exceed eight hours a day or forty hours a week if there is an established time-table for the shifts. - 37 Verify source ↗
Manual labourers
The Minister may set shorter working hours for manual labour jobs and jobs likely to harm health.
Section 37—Manual Labourers. (1) The Minister may prescribe shorter hours of work for workers in jobs declared to be manual labour and in jobs likely to be injurious to health. (2) Work for which shorter hours are prescribed under section (1) shall be deemed to be equivalent to work done on the basis of eight hours a day for the purposes of all rights which may flow from the employment. - 38 Verify source ↗
Unpaid overtime
In exceptional circumstances, a worker may be required to work beyond fixed hours without extra pay.
Section 38—Unpaid Overtime. 18 18 Notwithstanding section 35, a worker may be required to work beyond the fixed hours of work without additional pay in certain exceptional circumstances including an accident threatening human lives or the very existence of the undertaking. - 39 Verify source ↗
Commencement and closing of work Sub-Part III—Rest periods
The undertaking’s rules must set when a worker’s hours start and end, but underground work has special timing rules.
Section 39—Commencement and Closing of Work. The time of commencement and closing of a worker's hours of work in any undertaking shall be fixed by the rules of the undertaking concerned subject to the following: (a) in the case of operations underground, work commences when the worker enters the cage or lift to go down and ends when the worker leaves it at the surface; and (b) in the case of operations underground, where the work place is reached by going down a gallery, the hours of work is reckoned from the time when the worker enters the gallery to the time when he or she leaves it at the surface. Sub-Part III—Rest Periods - 40 Verify source ↗
Undertakings to which this Sub-Part applies
Workers get a break during working hours, with the minimum length depending on whether the normal hours are continuous or split into two parts.
Section 40—Undertakings to which this Sub-Part Applies. In any undertaking (a) where the normal hours of work are continuous, a worker is entitled to at least thirty minutes break in the course of the work, but the break forms part of the normal hours of work; and (b) where the normal hours of work are, in two parts, the break should not be of less than one hour duration and does not form part of the normal hours of work. - 41 Verify source ↗
Daily rest period
A worker must be given at least 12 hours of continuous daily rest between working days.
Section 41—Daily Rest Period. (1) Without prejudice to section 40, a worker shall be granted a daily continuous rest of at least twelve hours duration between two consecutive working days. (2) The daily rest of the worker in an undertaking operating on a seasonal basis may be of less than ten hours but of not more than twelve hours' duration over a period of at least sixty consecutive days in the calendar year. - 42 Verify source ↗
Weekly rest period
Workers must be given a weekly rest period of 48 consecutive hours.
Section 42—Weekly Rest Period. A worker shall, in addition to the rest periods provided in sections 40 and 41, be given a rest period of forty-eight consecutive hours, in every seven days of normal working hours, and the rest period may, for preference, start from Saturday and end on the Sunday following and shall wherever possible, be granted to all of the workers of the undertaking. - 43 Verify source ↗
Rest periods not to include public holidays
Rest periods under this Sub-Part do not include public holidays.
Section 43—Rest Periods not to Include Public Holidays. The rest periods specified in this Sub-Part do not include public holidays. - 44 Verify source ↗
Exceptions PART V—EMPLOYMENT OF PERSONS WITH DISABILITY
This section says the sub-part and sections 33 and 34 do not apply to task workers or domestic workers in private homes.
Section 44—Exceptions. This Sub-Part and sections 33 and 34 do not apply to task workers or domestic workers in private homes. PART V—EMPLOYMENT OF PERSONS WITH DISABILITY - 45 Verify source ↗
Registration of persons with disability
A person with disability may apply to the Centre for registration, and the Centre must issue a certificate of registration after registration.
Section 45—Registration of Persons with Disability. 19 19 (1) A person with disability may apply to the Centre for registration. (2) The Centre shall upon registration of a person with disability, issue the person a certificate of registration in a form determined by the Chief Labour Officer. - 46 Verify source ↗
Special Incentives
Special incentives must be provided for employers who hire persons with disability and for persons with disability engaged in a business or enterprise; the Minister determines the incentives.
Section 46—Special Incentives. (1) Special incentives shall be provided to an employer who employs persons with disability. (2) Special incentives shall be given to a person with disability engaged in a business or enterprise. (3) The special incentives shall be determined by the Minister. - 47 Verify source ↗
Notification of employment of persons with disability
An employer who hires a person with disability must notify the nearest Centre about the employment.
Section 47—Notification of Employment of Persons with Disability. An employer who employs a person with disability shall notify the nearest Centre of the employment and where the employer fails to do so, the Chief Labour Officer shall direct the employer to comply. - 48 Verify source ↗
Particulars of contract of employment 3 3
A contract of employment for a person with disability must state the job or post, working hours, pay, transport facilities, and any special privileges.
Section 48—Particulars of Contract of Employment. A contract of employment with a person with disability shall include the particulars of the job or post, the working hours, amount of remuneration, transport facilities, and any special privileges which that person shall be accorded by virtue of the employment. - 49 Verify source ↗
Persons with disability in public service posts
Persons with disability entering public service must be treated on the same terms as persons without disability, including for promotion and awards, even if they are allowed to work fewer hours.
Section 49—Persons with Disability in Public Service Posts. Persons with disability who enter the public service shall be appointed on the same terms as persons without disability, irrespective of whether they are allowed to work fewer hours; and shall be classified in accordance with their previous period of qualifying service for the purposes of promotion and other public service awards. - 50 Verify source ↗
Employment not to cease upon disablement
A worker’s employment should not end because of disablement if the worker still has enough residual capacity to do the same or a similar job in the same undertaking.
Section 50—Employment not to Cease upon Disablement. The employment of a person who suffers disability after the employment, shall not cease if his or her residual capacity for work is such that he or she can be found employment in the same or some other corresponding job in the same undertaking, but if no such corresponding job can be found, the employment may be terminated by notice. - 51 Verify source ↗
Length of notice of termination
A notice of termination for a person with disability must be at least one month long.
Section 51—Length of Notice of Termination. The length of notice of termination required to be given in the case of a person with disability shall not be shorter than one month. - 52 Verify source ↗
Transfer of persons with disability
A person with disability in employment may be transferred to another job in the same undertaking if it is a corresponding job, considering the relevant circumstances.
Section 52—Transfer of Persons with Disability. (1) Subject to subsection (2), a person with disability in employment may be transferred to another job within the same undertaking if the other job can be regarded in the light of all relevant circumstances as a corresponding job. (2) The relevant circumstances mentioned in subsection (1) in relation to a person with disability include (a) the person's qualifications; 20 20 (b) the person's physical condition; (c) the person's place of residence; and (d) whether the transfer may worsen the conditions in which the person entered the employment. - 53 Verify source ↗
Training
If a disabled employee needs training or retraining to cope with work, the employer may provide or arrange it at the employer’s expense.
Section 53—Training. Where it is necessary to train or retrain a person with disability to overcome any aspect of his or her disability in order to cope with any aspect of the person's employment, the employer may provide or arrange at the employer's expense the training or retraining for the person. - 54 Verify source ↗
Part to be read as one with other relevant enactments PART VI—EMPLOYMENT OF WOMEN
This section says this Part must be read together with any enactment on employment of persons with disability, and if there is a conflict, this Part prevails.
Section 54—Part to be Read as one with Other Relevant Enactment. This Part shall be read as one with any enactment on the employment of persons with disability and where there is a conflict, the provisions of this Part shall prevail. PART VI—EMPLOYMENT OF WOMEN - 55 Verify source ↗
Night work or overtime by pregnant women
Employers must not assign pregnant workers to night work or overtime without consent, and pregnant workers or mothers of babies under eight months may complain in writing to the National Labour Commission.
Section 55—Night Work or Overtime by Pregnant Women. (1) Unless with her consent, an employer shall not (a) assign or employ a pregnant woman worker to do any night work between the hours of ten o'clock in the evening and seven o'clock in the morning; (b) engage for overtime a pregnant woman worker or a mother of a child of less than eight months old. (2) The pregnant woman worker or the mother may present a written complaint to the National Labour Commission established under section 135 against an employer who contravenes subsection (1). (3) The Commission shall investigate the complaint and its decision on the matter shall subject to any other law be final. - 56 Verify source ↗
Prohibition of assignment of pregnant women
An employer must not assign a pregnant woman worker outside her place of residence after the fourth month of pregnancy if a medical practitioner or midwife considers the assignment harmful to her health.
Section 56—Prohibition of Assignment of Pregnant Women. (1) An employer shall not assign, whether permanently or temporarily, a pregnant woman worker to a post outside her place of residence after the completion of the fourth month of pregnancy, if the assignment, in the opinion of a medical practitioner or midwife, is detrimental to her health. (2) The pregnant woman worker may present a written complaint to the Commission against the employer who contravenes subsection (1). (3) The Commission shall investigate the complaint and its decision on the matter shall, subject to any other law, be final. - 57 Verify source ↗
Maternity, annual and sick leave PART VII—EMPLOYMENT OF YOUNG PERSONS
A woman worker may get at least 12 weeks of maternity leave with pay and benefits, extra leave in some cases, time to nurse a baby, and protection from dismissal because of maternity leave.
Section 57—Maternity, Annual and Sick Leave. (1) A woman worker, on production of a medical certificate issued by a medical practitioner or a midwife indicating the expected date of her confinement, is entitled to a period of maternity 21 21 leave of at least twelve weeks in addition to any period of annual leave she is entitled after her period of confinement. (2) A woman worker on maternity leave is entitled to be paid her full remuneration and other benefits to which she is otherwise entitled. (3) The period of maternity leave may be extended for at least two additional weeks where the confinement is abnormal or where in the course of the same confinement two or more babies are born. (4) Where an illness, medically certified by a medical practitioner, is due to her pregnancy, the woman worker is entitled to additional leave as certified by the medical practitioner. (5) Where an illness, medically certified by a medical practitioner, is due to her confinement the woman worker is entitled to an extension of the leave after confinement as certified by the medical practitioner. (6) A nursing mother is entitled to interrupt her work for an hour during her working hours to nurse her baby. (7) Interruptions of work by a nursing mother for the purpose of nursing her baby shall be treated as working hours and paid for accordingly. (8) An employer shall not dismiss a woman worker because of her absence from work on maternity leave. (9) In this Part (a) "night work" in relation to women, means work at any time within a period of eleven consecutive hours that includes the seven consecutive hours occurring between ten o'clock in the evening and seven o'clock in the morning but in industrial undertakings which are influenced by the seasons, the work may be reduced to ten hours in sixty days of the year; (b) "nursing mother" means a woman with a child suckling at her breast for a period of not more than one year. PART VII—EMPLOYMENT OF YOUNG PERSONS - 58 Verify source ↗
Prohibition of employment of young persons in hazardous work
Young persons must not be used in hazardous work, and employers must not employ a young person in underground mine work.
Section 58—Prohibition of Employment of Young Persons in Hazardous Work. (1) A young person shall not be engaged in any type of employment or work likely to expose the person to physical or moral hazard. (2) The Minister may, by legislative instrument, determine the type of employment that is likely to expose a young person to physical or moral hazard. (3) An employer shall not employ a young person in an underground mine work. (4) A person who contravenes subsection (1) or (3) commits an offence and is liable on summary conviction to a fine not exceeding 100 penalty units. - 59 Verify source ↗
Health of young persons
An employer must not employ a young person unless a medical practitioner has certified the young person as fit and in good health.
Section 59—Health of Young Persons. (1) An employer shall not employ a young person on any work unless a medical practitioner has certified that the young person is in good health and is medically fit for the work. 22 22 (2) Where a person fails to comply with subsection (1) the person shall be ordered by the Minister to have the medical examination conducted. - 60 Verify source ↗
Registration of young persons
Employers in industrial undertakings must keep a register of young persons they employ, including their dates of birth or apparent ages.
Section 60—Registration of Young Persons. (1) An employer in an industrial undertaking shall keep a register of young persons employed by him or her and their dates of birth or their apparent ages. (2) The Chief Labour Officer shall direct an employer who fails to comply with subsection (1) to do so within a specified time, and the employer shall comply with the direction. - 61 Verify source ↗
Interpretation PART VIII—FAIR AND UNFAIR TERMINATION OF EMPLOYMENT
This section defines “industrial undertakings” for this Part.
Section 61—Interpretation. In this Part, "industrial undertakings" include (a) mines, quarries and other works for the extraction of minerals from the earth; (b) undertakings in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished, or in which materials are transformed, including undertakings engaged in shipbuilding or in the generation, transformation or transmission of electricity or motive power of any kind; (c) undertakings engaged in building and civil engineering work, including constructional, repair, maintenance, alteration and demolition work. PART VIII—FAIR AND UNFAIR TERMINATION OF EMPLOYMENT - 62 Verify source ↗
Fair termination
A worker’s employment may be fairly terminated by the employer only on the listed grounds.
Section 62—Fair Termination. A termination of a worker's employment is fair if the contract of employment is terminated by the employer on any of the following grounds: (a) that the worker is incompetent or lacks the qualification in relation to the work for which the worker is employed; (b) the proven misconduct of the worker; (c) redundancy under section 65; (d) due to legal restriction imposed on the worker prohibiting the worker from performing the work for which he or she is employed. - 63 Verify source ↗
Unfair termination of employment
An employer must not unfairly terminate a worker’s employment.
Section 63—Unfair Termination of Employment. (1) The employment of a worker shall not be unfairly terminated by the worker's employer. (2) A worker's employment is terminated unfairly if the only reason for the termination is (a) that the worker has joined, intends to join or has ceased to be a member of a trade union or intends to take part in the activities of a trade union; (b) that the worker seeks office as, or is acting or has acted in the capacity of, a workers' representative; 23 23 (c) that the worker has filed a complaint or participated in proceedings against the employer involving alleged violation of this Act or any other enactment; (d) the worker's gender, race, colour, ethnicity, origin, religion, creed, social, political or economic status; (e) in the case of a woman worker, due to the pregnancy of the worker or the absence of the worker from work during maternity leave; (f) in the case of a worker with a disability, due to the worker's disability; (g) that the worker is temporarily ill or injured and this is certified by a recognised medical practitioner; (h) that the worker does not possess the current level of qualification required in relation to the work for which the worker was employed which is different from the level of qualification required at the commencement of his or her employment; or (i) that the worker refused or indicated an intention to refuse to do any work normally done by a worker who at the time was taking part in lawful strike unless the work is necessary to prevent actual danger to life, personal safety or health or the maintenance of plant and equipment. (3) Without limiting the provisions of subsection (2), a worker's employment is deemed to be unfairly terminated if with or without notice to the employer, the worker terminates the contract of employment (a) because of ill-treatment of the worker by the employer, having regard to the circumstances of the case; or (b) because the employer has failed to take action on repeated complaints of sexual harassment of the worker at the work place. (4) A termination may be unfair if the employer fails to prove that, (a) the reason for the termination is fair; or (b) the termination was made in accordance with a fair procedure or this Act. - 64 Verify source ↗
Remedies for unfair termination
A worker may complain to the Commission about unfair termination, and the Commission may order reinstatement, re-employment, or compensation if it finds the termination was unfair.
Section 64—Remedies for Unfair Termination. (1) A worker who claims that the employment of the worker has been unfairly terminated by the worker's employer may present a complaint to the Commission. (2) If upon investigation of the complaint the Commission finds that the termination of the employment is unfair, it may (a) order the employer to re-instate the worker from the date of the termination of employment; (b) order the employer to re-employ the worker, either in the work for which the worker was employed before the termination or in other reasonably suitable work on the same terms and conditions enjoyed by the worker before the termination; or (c) order the employer to pay compensation to the worker. - 65 Verify source ↗
Redundancy
If an employer plans major changes that may cause layoffs, it must notify the Chief Labour Officer and the relevant trade union in writing at least three months in advance and consult the union on ways to avoid or reduce the layoffs. Workers may also be entitled to redundancy pay in a qualifying closure, arrangement, or amalgamation.
Section 65—Redundancy. 24 24 (1) When an employer contemplates the introduction of major changes in production, programme, organisation, structure or technology of an undertaking that are likely to entail terminations of employment of workers in the undertaking, the employer shall (a) provide in writing to the Chief Labour Officer and the trade union concerned, not later than three months before the contemplated changes, all relevant information including the reasons for any termination, the number and categories of workers likely to be affected and the period within which any termination is to be carried out; and (b) consult the trade union concerned on measures to be taken to avert or minimize the termination as well as measures to mitigate the adverse effects of any terminations on the workers concerned such as finding alternative employment. (2) Without prejudice to subsection (1), where an undertaking is closed down or undergoes an arrangement or amalgamation and the close down, arrangement or amalgamation causes (a) severance of the legal relationship of worker and employer as it existed immediately before the close down, arrangement or amalgamation; and (b) as a result of and in addition to the severance that worker becomes unemployed or suffers any diminution in the terms and conditions of employment, the worker is entitled to be paid by the undertaking at which that worker was immediately employed prior to the close down, arrangement or amalgamation, compensation, in this section referred to as "redundancy pay". (3) In determining whether a worker has suffered any diminution in his or her terms and conditions of employment, account shall be taken of the past services and accumulated benefits, if any, of the worker in respect of the employment with the undertaking before the changes were carried out. (4) The amount of redundancy pay and the terms and conditions of payment are matters which are subject to negotiation between the employer or a representative of the employer on the one hand and the worker or the trade union concerned on the other. (5) Any dispute that concerns the redundancy pay and the terms and conditions of payment may be referred to the Commission by the aggrieved party for settlement, and the decision of the Commission shall subject to any other law be final. - 66 Verify source ↗
Exceptions PART IX—PROTECTION OF REMUNERATION
This section says the Part does not apply to certain workers, including fixed-term or specified-work employees, workers on a qualifying probation period, and casual workers.
Section 66—Exceptions. The provisions of this Part do not apply to the following categories of workers: (a) workers engaged under a contract of employment for specified period of time or specified work; (b) worker serving a period of probation or qualifying period of employment of reasonable duration determined in advance; and (c) workers engaged on a casual basis. PART IX—PROTECTION OF REMUNERATION - 67 Verify source ↗
Payment of remuneration
Employment contracts must say that salary, wages, and allowances are payable in legal tender, in addition to any non-cash pay.
Section 67—Payment of Remuneration. 25 25 Subject to this Part, every contract of employment shall stipulate that the whole of the salary, wages and allowances of the worker shall be made payable in legal tender in addition to any non-cash remuneration and accordingly, a contract of employment that contains provisions to the contrary is void. - 68 Verify source ↗
Equal pay for equal work
Every worker is entitled to equal pay for equal work, without distinction of any kind.
Section 68—Equal Pay for Equal Work. Every worker shall receive equal pay for equal work without distinction of any kind. - 69 Verify source ↗
Prohibited deductions
An employer must not make unauthorized deductions from a worker’s pay, including discounts, interest, similar charges, or penalties.
Section 69—Prohibited Deductions. (1) An employer shall not make any deduction by way of discount, interest or any similar charge on account of an advance of remuneration made to a worker in anticipation of the regular period of payment of remuneration. (2) An employer shall not (a) impose a pecuniary penalty upon a worker for any cause whatsoever; or (b) deduct from remuneration due to a worker, any amount whatsoever, unless the deduction is permitted by section 70 or by any other law or is by way of repayment of an advance of remuneration lawfully made by the employer to the worker. - 70 Verify source ↗
Permitted deductions
An employer may make listed deductions from a worker’s pay only with the worker’s consent, and a worker may complain to the Commission about disputed deductions.
Section 70—Permitted Deductions. (1) An employer may, with the consent of the worker, make any of the following deductions from the remuneration of the worker: (a) any amount due from the worker in respect of contributions to any provident, pension, or other fund or scheme agreed to by the worker; (b) any financial facility advanced by the employer to the worker at the written request of the worker or any facility guaranteed by the employer to the worker; (c) any amount paid to the worker in error, as remuneration, in excess of what the worker is legitimately entitled to, from the employer; (d) on the written authority of the worker, any amount due from the worker as membership fee or contribution to an organisation of which the worker is a member; (e) for meeting any loss suffered by the employer as a result of the loss of, or damage to, any property or thing used in connection with, or produced by, the employer's business and which is under the control of the worker; (f) any deduction in compliance with an order made by the Commission. (2) No deduction shall be made under subsection (1)(f) unless the employer is satisfied, (a) that the loss or damage has been caused by the worker and the worker is clearly shown to be responsible; (b) that the amount to be deducted is fair and does not exceed the actual value of the loss or damage suffered by the employer or that the amount represents a fair estimate of the loss or damage suffered; 26 26 (c) that the worker has been given reasonable opportunity to show cause why the deductions should not be made; and (d) that the rate of the deductions is such as to avoid hardship to the worker and his or her dependants. (3) Where a worker, who is aggrieved by any deduction made by his or her employer under subsection (1), is unable to resolve the matter with the employer, the worker may present a complaint in writing to the Commission. (4) The Commission shall investigate the complaint and its decision on the matter shall subject to any other law be final. - 71 Verify source ↗
Employer not to compel workers to use its store
An employer that runs a store or service for workers must not force workers to use it.
Section 71—Employer not to Compel Workers to use its Store. Where an employer establishes a store for the sale of commodities to the workers or operates a service for them, the employer shall not coerce the workers to make use of the store or service. - 72 Verify source ↗
Paid public holidays PART X—SPECIAL PROVISIONS RELATING TO TEMPORARY WORKERS AND CASUAL WORKERS
Every worker is entitled to be paid remuneration for public holidays.
Section 72—Paid Public Holidays. Every worker is entitled to be paid his or her remuneration for public holidays. PART X—SPECIAL PROVISIONS RELATING TO TEMPORARY WORKERS AND CASUAL WORKERS - 73 Verify source ↗
Right to employ and application of this part 4 4
An employer may hire a worker on terms that suit the enterprise, but this Part does not apply to several listed worker groups and people working under an average of 24 hours a week.
Section 73—Right to Employ and Application of this Part. (1) Subject to this Act, an employer may hire a worker on terms that suit the operations of the enterprise. (2) Notwithstanding subsection (1), this Part does not apply to, (a) piece workers; (b) part-time workers; (c) sharecroppers; (d) apprentices; (e) sea-going personnel in the fishing industry who are wage earners; and (f) any person who works less than an average of twenty-four hours a week. - 74 Verify source ↗
Casual worker
Casual workers are entitled to equal pay, necessary medical facilities, overtime pay, and full minimum remuneration for each day they attend work, including days when weather stops normal work.
Section 74—Casual Worker. (1) A contract of employment of a casual worker need not be in writing. (2) A casual worker shall (a) be given equal pay for work of equal value for each day worked in that organization; (b) have access to any necessary medical facility made available to the workers generally by the employer; (c) be entitled to be paid for overtime work by his or her employer in accordance with section 35; and 27 27 (d) be paid full minimum remuneration for each day on which the worker attends work, whether or not the weather prevents the worker from carrying on his or her normal work and whether it is possible or not, to arrange alternative work for the worker on such a day. - 75 Verify source ↗
Temporary worker
A temporary worker employed by the same employer for six months or more is treated as a permanent worker. The Act’s rules on minimum wage, working hours, rest periods, paid public holidays, night work, and sick leave also apply to temporary-worker contracts.
Section 75—Temporary Worker. (1) A temporary worker who is employed by the same employer for a continuous period of six months and more shall be treated under this Part as a permanent worker. (2) Without prejudice to the terms and conditions of employment mutually agreed to by the parties, the provisions of this Act in respect of minimum wage, hours of work, rest period, paid public holidays, night work and sick leave are applicable to a contract of employment with a temporary worker. - 76 Verify source ↗
Remuneration of temporary and casual workers
Temporary and casual workers have minimum pay rules, and employers must pay the full minimum amount for days worked.
Section 76—Remuneration of Temporary and Casual Workers. (1) Subject to this section, the minimum remuneration of a temporary worker or a casual worker shall be determined as follows: (a) where a temporary worker or a casual worker is required to work on week-days only, the minimum monthly remuneration is the amount represented by the worker's daily wage multiplied by twenty-seven; (b) where a temporary worker or a casual worker is required to work every day in the week, the minimum monthly remuneration is the amount represented by three hundred and sixty-five times his daily wage divided by twelve. (2) A temporary worker or a casual worker referred to in subsection (1)(a) is not entitled to 1/27 of his or her minimum monthly remuneration as specified in that paragraph for each day the worker is absent from work during the month. (3) A temporary worker or a casual worker referred to in subsection (1)(b) is not entitled to a twenty-eighth, twenty-ninth, thirtieth or thirty-first part of his or her minimum remuneration as specified in that paragraph for each day the worker is absent from work during the month, depending on whether the month consists of twenty-eight, twenty-nine, thirty or thirty-one days. (4) An employer shall pay a temporary worker or a casual worker the full minimum remuneration for each day on which the worker attends work, whether or not wet weather prevents the worker from carrying on his or her normal work and whether it is possible or not, to arrange alternative work for the worker on such a day. (5) A temporary worker or a casual worker is entitled to be paid for overtime work by his or her employer in accordance with section 35. - 77 Verify source ↗
Payment of remuneration for public holidays
Employers must pay temporary and casual workers for public holidays, including extra pay when they work on the holiday.
Section 77—Payment of Remuneration for Public Holidays. (1) Every employer shall pay each temporary or casual worker in respect of every public holiday the full remuneration which would have been payable to the temporary or casual worker for a full day's work if that day had not been a public holiday. (2) Where a temporary or casual worker attends and performs work of a full day or more on a public holiday, the employer shall pay the worker in addition, the remuneration which would 28 28 have been payable to the temporary or casual worker for the work if that day had not been a public holiday. (3) Where a temporary or casual worker attends and performs work for part only of a public holiday, the employer shall pay the worker in addition to the remuneration provided under subsection (1), the proportion of the remuneration for a full day's work on that day if that day had not been a public holiday, represented by the number of hours for which the temporary or casual worker has performed work. (4) Any payment required to be made under subsection (1), (2) or (3) in respect of a public holiday shall be made after the public holiday in the same manner as the worker is normally paid. (5) When an employer fails to comply with subsection (1), (2), (3) or (4), the temporary worker or the casual worker aggrieved by the non-compliance of the employer may present a written complaint to the Commission for determination and the parties shall abide by the decision of the Commission. (6) The Commission may order the employer to pay, such sum as appears to the Commission to be due to the temporary worker or the casual worker on account of any remuneration payable to him or her under this section, and may in that order specify the time within which the payment shall be made. - 78 Verify source ↗
Interpretation PART XI—TRADE UNIONS AND EMPLOYERS' ORGANISATIONS
This section defines “temporary worker” and “casual worker.”
Section 78—Interpretation. In this Part "temporary worker" means a worker who is employed for a continuous period of not less than one month and is not a permanent worker or employed for a work that is seasonal in character; "casual worker" means a worker engaged on a work which is seasonal or intermittent and not for a continuous period of more than six months and whose remuneration is calculated on a daily basis. PART XI—TRADE UNIONS AND EMPLOYERS' ORGANISATIONS - 79 Verify source ↗
Freedom of association
Workers generally have the right to form or join a trade union of their choice, but certain workers in policy-making, managerial, trust, confidential, or similar roles may not.
Section 79—Freedom of Association. (1) Every worker has the right to form or join a trade union of his or her choice for the promotion and protection of the worker's economic and social interests. (2) Notwithstanding subsection (1), a worker whose function is normally considered as (a) policy making; (b) decision making; (c) managerial; (d) holding a position of trust; (e) performing duties that are of highly confidential nature; or (f) an agent of a shareholder of an undertaking, may not form or join trade unions. 29 29 (3) Subject to subsection (4), the classes of workers referred to in subsection (2) shall be determined by agreement between the employer and the workers or trade unions. (4) In determining whether a worker falls within the class of workers referred to in subsection (2), the parties shall consider the organisational structure and job descriptions or functions of the worker concerned. - 80 Verify source ↗
Formation of trade union or employers' organisation
Workers in the same undertaking may form a trade union, and employers in the same industry or trade may form or join an employers' organisation if each employs at least 15 workers.
Section 80—Formation of Trade Union or Employers' Organisation. (1) Two or more workers employed in the same undertaking may form a trade union. (2) Two or more employers in the same industry or trade, each of whom employs not less than fifteen workers may form or join an employers organisation. - 81 Verify source ↗
Organisational rights
Trade unions and employers' organisations have the right to set their own rules, choose their officers, run their own affairs, form programmes, join federations, and affiliate with international workers' or employers' organisations.
Section 81—Organisational Rights. Every trade union or employers' organisation has the right to (a) draw up its constitution and rules, elect its officers and representatives; (b) organise its administration and activities and formulate its own programmes; (c) take part in the formulation, and become a member of any federation of trade unions or employers' organisation and participate in its lawful activities; and (d) affiliate to and participate in the activities of, or join an international workers' or employers' organisations. - 82 Verify source ↗
Independence of trade unions and employers organisations
Trade unions and employers’ organisations must not be controlled by, or financially or materially aided by, a political party.
Section 82—Independence of Trade Unions and Employers Organisations. A trade union or an employers' organisation shall not be subject to the control of or be financially or materially aided by a political party. - 83 Verify source ↗
Application for registration
Trade unions and employers’ organisations must apply in writing to the Chief Labour Officer for registration, and include specified documents with the application.
Section 83—Application for Registration. (1) A trade union or employers' organisation shall apply in writing to the Chief Labour Officer to be registered. (2) An application for registration under subsection (1) shall be submitted with the constitution, rules, names of officers and office address of the trade union or employers' organisation. (3) If, after considering the application, the Chief Labour Officer is satisfied that (a) there has been compliance with subsection (2); (b) the applicant is a trade union or employers' organisation duly established under any enactment for the time being in force as a body corporate; (c) the internal organisation of the trade union or employers' organisation conforms to democratic principles; (d) the name of the trade union or employers' organisation does not closely resemble that of another registered trade union or employers' organisation, so as to mislead or confuse the public; 30 30 (e) the rules of the trade union or employers' organisation are in conformity with section 85; and (f) the constitution or rules of the trade union or employers' organisation do not discriminate on the grounds stated in section 87 against any person, the Chief Labour Officer shall register the trade union or employers' organisation. - 84 Verify source ↗
Certificate of registration
A trade union or employers’ organisation registered under section 81 must be issued a certificate of registration by the Chief Labour Officer.
Section 84—Certificate of Registration. A trade union or an employer's organisation registered under section 81 shall be issued with a certificate of registration by the Chief Labour Officer. - 85 Verify source ↗
Rules of trade unions and employers' organisations
Trade unions and employers' organisations must put specified matters into their rules.
Section 85—Rules of Trade Unions and Employers' Organisations. The rules of a trade union or an employers' organisation shall include provisions in respect of the following matters: (a) the name of the trade union or organisation; (b) the registered office to which correspondence and notices may be addressed; (c) the principal objects of the trade union or employers' organisation; (d) the qualifications for membership; (e) the grounds on which an officer or a member may be suspended or dismissed from office or membership; (f) the procedure for suspension or dismissal of an officer or a member; (g) the membership fees and other subscriptions payable; (h) the manner of dissolution of the trade union or employers' organisation and disposal of its assets; (i) the manner of altering, amending or revoking its constitution or rules; and (j) the powers, functions and duties of officers of the trade union or employers' organisation. - 86 Verify source ↗
Register of trade unions and employers' organisations
The Chief Labour Officer must keep and maintain a register of trade unions and employers' organisations.
Section 86—Register of Trade Unions and Employers' Organisations. The Chief Labour Officer shall keep and maintain a register of trade unions and employers' organisations, in which shall be entered the prescribed particulars relating to them and any alterations or changes affecting them. - 87 Verify source ↗
Protection against discrimination
Trade unions and employers’ organisations must not discriminate in their constitutions or rules, and the Chief Labour Officer must not register an organisation that breaches this rule unless it is corrected within the time the Officer sets.
Section 87—Protection against Discrimination. (1) A trade union or employers' organisation shall not discriminate in its constitution or rules against any person on grounds of race, place of origin, political opinion, colour, religion, creed, gender or disability. (2) The Chief Labour Officer shall not register a trade union or employers' organisation which contravenes subsection (1), unless the trade union or employers' organisation takes steps to rectify the defect in its constitution or rules within a period specified by the Chief Labour Officer. 31 31 - 88 Verify source ↗
Effect of registration
Trade unions and employers' organisations can exercise rights and powers under this Act only if they are registered under this Part.
Section 88—Effect of Registration. The rights and powers conferred on trade unions or employers' organisations under this Act shall be exercised only if the trade unions or employers' organisations are registered in accordance with this Part. - 89 Verify source ↗
Change of name
A trade union or employers' organisation may change its name if it follows its constitution or rules.
Section 89—Change of Name. (1) A trade union or an employers' organisation may change its name in accordance with the requirements of its constitution or rules. (2) A change of name shall not affect any rights or obligations of the trade union or employers' organisation or its member otherwise the change will not be valid. - 90 Verify source ↗
Amalgamation
Trade unions and employers' organisations may amalgamate if they follow their constitutions or rules.
Section 90—Amalgamation. Any two or more trade unions or employers' organisations may in accordance with the requirements of their constitutions or rules, amalgamate to form one trade union or employers' organisation. - 91 Verify source ↗
Registration of change of name and amalgamation
Certain union or employers’ organisation officers must register a signed notice of a name change or amalgamation with the Chief Labour Officer within 14 days.
Section 91—Registration of Change of Name and Amalgamation. (1) A written notice concerning a change of name or amalgamation duly signed by officers of the trade union or employers' organisation or the amalgamated trade union or employers' organisation shall be registered with the Chief Labour Officer within fourteen days after the change of name or amalgamation. (2) The Chief Labour Officer shall direct the officer of a trade union or employers' organisation which fails to comply with subsection (1) to do so within a period specified by the Chief Labour Officer, and the officer shall comply with the direction failing which the change shall not be valid. - 92 Verify source ↗
Alteration of rules
Trade unions and employers' organisations must register any alteration of their rules with the Chief Labour Officer. If they do not comply, the Chief Labour Officer may direct the officer to comply within a specified period.
Section 92—Alteration of Rules. (1) Any alteration of the rules of a trade union or an employers' organisation shall be registered with the Chief Labour Officer by the trade union or the employers' organisation. (2) The Chief Labour Officer shall direct the officer of the trade union or employers' organisation which fails to comply with subsection (1) to do so within a period specified by the Chief Labour Officer, and the officer shall comply with the direction. - 93 Verify source ↗
Federation
Federations of trade unions or employers' organisations are subject to the Act's provisions that apply to trade unions or employers' organisations.
Section 93—Federation. A federation of trade unions or a federation of employers' organisation shall be subject to all the provisions of this Act applicable to trade unions or employers' organisations. - 94 Verify source ↗
Accounts and audit
Registered trade unions and employers’ organisations must keep accounting records, prepare annual financial statements, and have them audited within six months after the financial year ends.
Section 94—Accounts and Audit. (1) A trade union or an employers' organisation registered under this Act shall (a) keep books and records of accounts of its income, expenditure, assets and liabilities; and (b) prepare annual financial statements consisting of all income and expenditure statements in respect of each financial year of the trade union or employers' organisation and a balance sheet showing its assets, liabilities and financial position at the end of that financial year. 32 32 (2) The books and records of accounts and financial statements shall be audited within six months after the end of its financial year by an auditor appointed by the trade union or employers' organisation. - 95 Verify source ↗
Audited financial statements PART XII—COLLECTIVE AGREEMENT
Trade unions and employers' organisations must submit a copy of their audited financial statement to the Chief Labour Officer within seven months after the end of the financial year.
Section 95—Audited Financial Statements. A trade union or an employers' organisation shall, within seven months after the end of its financial year, submit to the Chief Labour Officer a copy of its audited financial statement. PART XII—COLLECTIVE AGREEMENT - 96 Verify source ↗
Collective agreement
A collective agreement about workers’ terms and conditions of employment may be concluded between trade unions and representatives of employers or employers’ organisations, subject to this Act.
Section 96—Collective Agreement. Subject to the provisions of this Act, a collective agreement relating to the terms and conditions of employment of workers, may be concluded between one or more trade unions on one hand and representatives of one or more employers or employers' organisations on the other hand. - 97 Verify source ↗
Duty to negotiate in good faith
Parties negotiating a collective agreement must act in good faith, share relevant information, keep undisclosed information confidential, and avoid false or fraudulent misrepresentations.
Section 97—Duty to Negotiate in Good Faith. (1) All parties to the negotiation of a collective agreement shall negotiate in good faith and make every reasonable effort to reach an agreement. (2) For the purpose of subsection (1), either party to the negotiation shall make available to the other party information relevant to the subject matter of the negotiation. (3) When any information disclosed for the purpose of the negotiation of a collective agreement is not made public, the information shall be treated as confidential by the party receiving the information and shall not be disclosed to a third party without the prior written consent of the party providing the information. (4) The parties to the negotiation of a collective agreement shall not make false or fraudulent misrepresentations as regards matters relevant to the negotiations. - 98 Verify source ↗
Contents of collective agreement
A collective agreement may include clauses on worker categories, working conditions, pay, probation, termination notice, dispute handling, productivity matching, and essential services.
Section 98—Contents of Collective Agreement Without prejudice to the other provisions of this Act and subject to any agreement between the parties, a collective agreement may include provisions on the following matters: (a) the class or category of workers to which it relates; (b) the conditions of work, including the hours of work, rest period, meal breaks, annual leave, occupational health and safety measures; (c) the remuneration and the method of calculating the remuneration of the workers; (d) the period of probation and conditions of probation; (e) the period of notice of termination of employment, transfer and discipline; (f) the procedures for the avoidance and settlement of disputes arising out of the interpretation, application, and administration of the agreement; (g) the principles for matching remuneration with productivity; and (h) the essential services within the establishment. 33 33 - 99 Verify source ↗
Collective bargaining certificate
A trade union must apply to the Chief Labour Officer for a collective bargaining certificate, and the application must include worker-class details and membership numbers.
Section 99—Collective Bargaining Certificate. (1) A trade union shall make an application to the Chief Labour Officer for a certificate appointing that trade union as the appropriate representative to conduct negotiations on behalf of the class of workers specified in the collective bargaining certificate with the employers of the workers. (2) An application made under subsection (1) shall include (a) the description of the class of workers in respect of whom the application is made and their estimated number; and (b) the number of workers of that class who are members of the trade union by whom the application is made. (3) The class of workers may be specified in a certificate issued under this section by reference to the employer of the workers or to the occupation of the workers or in any other manner sufficient to identify them. (4) The Chief Labour Officer shall subject to regulations made by the Minister, determine which union shall hold a collective bargaining certificate for the class of workers in a situation where there is more than one trade union at the work place. (5) A collective bargaining certificate will be issued to a union for the same class of workers at a particular time. (6) A certificate issued under this section shall have effect notwithstanding that some of the workers of the class specified are not members of the trade union appointed under the certificate. (7) A certificate issued under this section shall be published in the Gazette by the Chief Labour Officer. (8) At any time after the issue of a certificate under this section, the Chief Labour Officer may (a) at the request of either the trade union or employer's organisation; and (b) after consultation with the trade union or employers' organization, withdraw the certificate without affecting the right of the trade union to apply for a fresh certificate under this section. - 100 Verify source ↗
Variation of certificate
The Chief Labour Officer may issue an amending certificate changing the class of workers, after consulting the named trade union and the appropriate employers’ organisation.
Section 100—Variation of Certificate. (1) At any time after the issue of a certificate under section 99 the Chief Labour Officer may, after consultation with the trade union named in the certificate and the appropriate employers' organisation, issue an amending certificate varying the class of workers specified in the certificate and any reference in this Act to a certificate issued under section 99 shall be deemed to include such a certificate as amended under this section. (2) The issuance of an amending certificate shall not affect the membership of a standing negotiating committee or a joint standing negotiating committee appointed under section 101, but the employer or workers of the class specified in the certificate as varied by the amending 34 34 certificate, may nominate representatives to act either in the place of or together with their existing representatives. (3) When an amending certificate is issued, the Chief Labour Officer shall cause a copy of the amending certificate to be published in the Gazette. (4) When an amending certificate is issued extending the class of workers specified in the original certificate, and there is in force a collective agreement which applies to all workers of the class specified in the original certificate, the trade union named in the certificate shall take such steps as appear to it to be appropriate for bringing that agreement to the attention of all the workers to whom the agreement is extended by the amending certificate. (5) When an amending certificate is issued excluding any persons from the class of workers specified in the original certificate, and there is in force a collective agreement which applied to those persons, the amending certificate shall not affect that application of the agreement to them, or any right to vary it, but a collective agreement made after the issue of the amending certificate by another trade union shall have effect notwithstanding anything in the previous agreement. - 101 Verify source ↗
Negotiating committees 5 5
A qualifying trade union and the relevant employer must each appoint negotiating representatives; the standing negotiating committee must make its own procedure rules, and may appoint sub-committees.
Section 101—Negotiating Committees. (1) The trade union appointed in a certificate issued under section 99 and the employer of the workers of the class to which the certificate relates shall each nominate their representatives authorised to conduct negotiations on their behalf, and the representatives shall constitute a standing negotiating committee to negotiate on matters referred to it. (2) A standing negotiating committee referred to in subsection (1) shall make rules governing its procedure. (3) A standing negotiating committee or joint standing negotiating committee set up under this section shall have the power to appoint sub-committees to which it may delegate any of its functions under this Act. - 102 Verify source ↗
Negotiations by negotiating committee or joint negotiating committee
The parties may require the other side to enter negotiations through the committee, and any agreement reached must be in writing, signed by authorised committee members, and filed in two copies with the Commission and the Chief Labour Officer.
Section 102—Negotiations by Negotiating Committee or Joint Negotiating Committee. (1) Negotiations on all matters connected with the employment or non-employment or with the terms of employment or with the conditions of employment of any of the workers of the class specified in a certificate issued under section 99, shall be conducted through the standing negotiating committee or the joint standing negotiating committee as the case may be. (2) Either party represented on the committee may give notice to the other party requiring them to enter into negotiations on any matters which may properly be dealt with by the committee. (3) An agreement concluded between the parties shall be in writing and signed by a duly authorised member of the committee representing each party and two copies of the agreement shall be deposited with the Commission and the Chief Labour Officer. - 103 Verify source ↗
Negotiations may be conducted by a union officer or member
A duly appointed trade union officer or member may conduct certain negotiations, and both parties must make reasonable efforts to reach agreement.
Section 103—Negotiations may be Conducted by a Union Officer or Member. (1) Without prejudice to section 101, an officer or a member of a trade union who is duly appointed by his or her trade union, may conduct negotiations on any matter connected with 35 35 the employment or non-employment or terms of employment or conditions of employment of any worker who belongs to the class of workers specified in the certificate. (2) A person conducting negotiations under this section may give notice to the parties requiring them to enter into negotiations on any matters which may be properly dealt with by the person and it shall be the duty of both parties to make every reasonable effort to come to an agreement on the matters to which the notice relates. (3) An agreement concluded between the parties shall be in writing and signed by the person conducting the negotiations. (4) Rules made under subsection (2) of section 101 may be applicable to negotiations conducted under this section and to other matters relating to such negotiations. - 104 Verify source ↗
Failure to negotiate
If the served party does not start negotiations within 14 days, the Commission must direct it to negotiate immediately, and the party must comply.
Section 104—Failure to Negotiate. If the party on whom a notice is served under subsection (2) of section 102 or subsection (2) of section 103, does not within fourteen days after service of the notice take any steps to enter into negotiations, the Commission shall direct the party to enter into negotiations immediately, and the party shall comply with the directive. - 105 Verify source ↗
Effect of collective agreement
Collective agreements can apply to a defined class of workers, become part of employment contracts, survive expiry in some cases, and generally override less favourable conflicting contract terms; workers cannot waive rights granted by a collective agreement.
Section 105—Effect of Collective Agreement. (1) An agreement concluded by a trade union through a standing negotiating committee or a joint standing negotiating committee shall, so far as the terms of the agreement permit, apply to all workers of the class specified in the certificate. (2) The provisions of a collective agreement concerning the terms of employment and termination of employment, and personal obligations imposed on, and rights granted to, a worker or employer shall be regarded as terms of a contract of employment between each worker to whom the provisions apply and his or her employer. (3) Any provisions that have effect as terms of a contract of employment under subsection (2), shall continue to have effect after the expiration of the collective agreement, so long as they have not been varied by agreement of the parties or in pursuance of this Act. (4) The rights conferred on a worker by a collective agreement shall not be waived by the worker and, if there is any conflict between the terms of a collective agreement and the terms of any contract not contained in the collective agreement, the collective agreement shall prevail unless the terms of the contract are more favourable to the worker; and it is immaterial whether or not the contract was concluded before the collective agreement. (5) The withdrawal of a certificate appointing a trade union under subsection (8) of section 99 shall not affect the validity of a collective agreement made by the trade union before the certificate was withdrawn, but any collective agreement which is made by another trade union after the withdrawal of the certificate shall have effect notwithstanding anything in the previous agreement. - 106 Verify source ↗
Notice of collective agreement to workers
The parties to the negotiations must tell all affected workers the terms of the concluded collective agreement.
Section 106—Notice of Collective Agreement to Workers. The parties to the negotiations shall bring the terms of the concluded collective agreement to the notice of all the workers concerned. 36 36 - 107 Verify source ↗
Duration of collective agreements
Collective agreements concluded under section 103 must last at least one year, and a party generally cannot give a section 102 notice to renegotiate unless the agreement is due to expire within 28 days.
Section 107—Duration of Collective Agreements. (1) Every collective agreement concluded under section 103 shall be for a term of at least one year. (2) A party to a collective agreement shall not give notice under section 102 requiring the other party to negotiate with respect to any matter governed by a collective agreement unless, at the time when the notice is served, that agreement is due, either as a result of the notice given under this section or otherwise, to expire within twenty-eight days after the service of the notice. (3) Where no notice is given under subsection (2) by either party within thirty days after the expiration of the collective agreement, the collective agreement shall be deemed to have continued in force until rescinded by the parties. - 108 Verify source ↗
Provision for dispute settlement
Every collective agreement must include a final and conclusive dispute-settlement provision under Part XVIII of the Act.
Section 108—Provision for Dispute Settlement. Every collective agreement shall contain a provision for final and conclusive settlement under Part XVIII of this Act of all differences between the persons to whom the agreement applies. - 109 Verify source ↗
Power to extend collective agreements
The Chief Labour Officer may extend a collective agreement to a class of similar workers and their employers if the agreement is suitable and the signatories were sufficiently representative.
Section 109—Power to Extend Collective Agreements. (1) Where it appears to the Chief Labour Officer that (a) all or any of the terms of a collective agreement are suitable for application to a class of workers who are engaged in the same kind of work, or who work in the same area, as the workers to whom the collective agreement applies; and (b) that the parties who concluded the agreement were sufficiently representative of the workers to whom the agreement is to apply and their employers, the Chief Labour Officer may direct that those terms of the collective agreement shall apply in relation to that class of workers and their employers as they apply in relation to workers of the class specified in the certificate and their employers. (2) The Chief Labour Officer shall not issue any directive under subsection (1) unless, three months before issuing the directive, the Chief Labour Officer has, after consultation with the appropriate employers' organisations and the trade unions concerned, published in the Gazette, a notice (a) describing the class of workers to whom it is proposed to apply the agreement, setting out the text of the collective agreement; and (b) giving particulars of the manner in which and time within which objections to the proposal may be submitted to the Chief Labour Officer. (3) The Chief Labour Officer shall take appropriate steps to bring the contents of the notice to the attention of employers and workers affected by the proposals. (4) The Chief Labour Officer shall not issue any directive under subsection (1) applying the terms of an agreement to workers who were not in the class described in the notice given under subsection (2). (5) Where a collective agreement, the terms of which are applied by any directive issued under subsection (1) ceases to have effect, the directive shall cease to have effect on the same date. 37 37 - 110 Verify source ↗
Effect of extension of collective agreements
A directive extending a collective agreement becomes part of each affected worker’s employment contract, continues to apply after the directive ends unless changed by agreement or under the Act, and the worker cannot waive the rights it gives.
Section 110—Effect of Extension of Collective Agreements. (1) Any directive issued under section 109 that extends the provisions of a collective agreement on terms of employment and termination of employment, and personal obligations imposed on, and rights granted to, a worker, shall be regarded as terms of a contract of employment between each worker to whom those provisions apply and his or her employer. (2) The terms of a contract of employment under subsection (1) shall continue to have effect after the directive ceases to have effect so long as those provisions have not been varied by agreement between the parties or in pursuance of this Act. (3) The rights conferred on a worker by any directive issued under section 109 shall not be waived by the worker and, if there is any conflict between the term extended by the directive and the terms of any contract, the directive shall prevail, unless the terms of the contract are more favourable to the worker. - 111 Verify source ↗
Union dues PART XIII— NATIONAL TRIPARTITE COMMITTEE
A qualifying trade union may give notice to an employer to deduct union dues from covered workers’ wages and pay the money over, and the employer must comply.
Section 111—Union Dues. (1) A trade union to which this section applies may issue to the employer of any workers who are members of that trade union, a notice in the form in Schedule II to this Act requesting the employer (a) to deduct from the wages of his or her workers covered by a certificate issued under section 99, the sums specified by the trade union; and (b) to pay over the sums deducted as may be directed by the trade union, and, subject to this section, the employer shall comply with the notice. (2) A trade union to which this section applies may, on issuing a notice in the form in Schedule II to this Act or subsequently, issue a further notice requesting the employer, out of the amounts which the employer is to pay over to the trade union, to remit a proportion stated in the notice directly to a specified branch of the trade union. (3) A sum deducted in accordance with a notice given under this section shall be in discharge of the liability of the respective member of the trade union to pay dues to that trade union. (4) A sum which an employer has in accordance with a notice under this section deducted from the wages of a worker to the trade union shall be paid over not more than one month after the date on which the wages are paid, and the trade union may sue in its own name for any sum which ought to have been paid to the trade union. PART XIII— NATIONAL TRIPARTITE COMMITTEE - 112 Verify source ↗
Establishment of National Tripartite Committee
This section establishes a National Tripartite Committee.
Section 112—Establishment of National Tripartite Committee. There is hereby established a National Tripartite Committee which shall be composed of (a) the Minister who shall be the chairperson; (b) five representatives of the Government; (c) five representatives of employers' organisations; and (d) five representatives of organised labour. 38 38 - 113 Verify source ↗
Functions of the National Tripartite Committee
The National Tripartite Committee must set the national daily minimum wage and advise, consult, and perform related functions. The Minister must publish the wage notice, and the Ministry must provide secretarial support.
Section 113—Functions of the National Tripartite Committee. (1) The National Tripartite Committee shall (a) determine the national daily minimum wage; (b) advise on employment and labour market issues, including labour laws, international labour standards, industrial relations and occupational safety and health; (c) consult with partners in the labour market on matters of social and economic importance; and (e) perform such other functions as the Minister may request for the promotion of employment development and peace in the labour sector. (2) The Minister shall publish in the Gazette and in such public media as the Minister may determine, a notice of the national daily minimum wage determined under subsection (1). (3) The Ministry shall provide the National Tripartite Committee with such secretarial services as the Committee may require for the effective performance of its functions. - 114 Verify source ↗
Meetings of the National Tripartite Committee
The National Tripartite Committee must meet at times and places chosen by its members, and at least once every three months.
Section 114—Meetings of the National Tripartite Committee. (1) The National Tripartite Committee shall meet at times and at places determined by the members but shall meet at least once in every three months. (2) The quorum for a meeting of the National Tripartite Committee shall be nine members with at least two members each representing the Government, organised labour and employers organisations. (3) The National Tripartite Committee may invite any interest group to attend any of its meetings. (4) Except as otherwise provided in this section, the National Tripartite Committee shall regulate its proceedings. - 115 Verify source ↗
Regional and District Tripartite Committees PART XIV—FORCED LABOUR
The National Tripartite Committee may create regional or district sub-committees, the Committee controls their composition with equal representation, and the Ministry must provide required secretarial services.
Section 115—Regional and District Tripartite Committees. (1) The National Tripartite Committee may set up sub-committees of the Committee in such Regions and Districts as it considers necessary for the effective performance of its functions. (2) The composition of a Regional or District sub-committee of the National Tripartite Committee shall be determined by the Committee except that there shall be equal representation of Government, organized labour and employers' organizations. (3) The Ministry shall provide a sub-committee with such secretarial services as the sub- committee may require. PART XIV—FORCED LABOUR - 116 Verify source ↗
Prohibition of forced labour
No one may be required to perform forced labour, and an employer commits an offence if they exact, cause to be exacted, or allow forced labour from a worker for the employer’s benefit.
Section 116—Prohibition of Forced Labour. (1) A person shall not be required to perform forced labour. (2) It is an offence for an employer to exact or cause to be exacted, or permit to be exacted, for his or her benefit forced labour from any worker. 39 39 (3) Any employer convicted of an offence under subsection (2) is liable to a fine not exceeding 250 penalty units. - 117 Verify source ↗
Interpretation of "forced labour" PART XV—OCCUPATIONAL HEALTH, SAFETY AND ENVIRONMENT
This section defines “forced labour” and lists several kinds of labour that are excluded from that definition.
Section 117—Interpretation of "forced labour". In this Part "forced labour" means work or service that is exacted from a person under threat of a penalty and for which that person has not offered himself or herself voluntarily, but does not include (a) labour required as a result of a sentence or order of a court; (b) labour required of a member of a disciplined force or service as his or her duties; (c) labour required during a period when the country is at war or in the event of an emergency or calamity that threatens life and well-being of the community, to the extent that the requirement of the labour is reasonably justifiable in circumstances of a situation arising or existing during that period for the purpose of dealing with the situation; or (d) labour reasonably required as part of normal communal or other civic obligations. PART XV—OCCUPATIONAL HEALTH, SAFETY AND ENVIRONMENT - 118 Verify source ↗
General health and safety conditions
Employers must provide and maintain safe, healthy workplace conditions and workers must use the safety equipment provided.
Section 118—General Health and Safety Conditions. (1) It is the duty of an employer to ensure that every worker employed by him or her works under satisfactory, safe and healthy conditions. (2) Without limiting the scope of subsection (1), an employer shall (a) provide and maintain at the workplace, plant and system of work that are safe and without risk to health; (b) ensure the safety and absence of risks to health in connection with use, handling, storage and transport of articles and substances; (c) provide the necessary information, instructions, training and supervision having regard to the age, literacy level and other circumstances of the worker to ensure, so far as is reasonably practicable, the health and safety at work of those other workers engaged on the particular work; (d) take steps to prevent contamination of the workplaces by, and protect the workers from, toxic gases, noxious substances, vapours, dust, fumes, mists and other substances or materials likely to cause risk to safety or health; (e) supply and maintain at no cost to the worker adequate safety appliances, suitable fire- fighting equipment, personal protective equipment, and instruct the workers in the use of the appliances or equipment; (f) provide separate, sufficient and suitable toilet and washing facilities and adequate facilities for the storage, changing, drying and cleansing from contamination of clothing for male and female workers; (g) provide adequate supply of clean drinking water at the workplace; and 40 40 (h) prevent accidents and injury to health arising out of, connected with, or occurring in the course of, work by minimizing the causes of hazards inherent in the working environment. (3) It is the obligation of every worker to use the safety appliances, fire-fighting equipment and personal protective equipment provided by the employer in compliance with the employer's instructions. (4) An employer shall not be liable for injury suffered by a worker who contravenes subsection (3) where the injury is caused solely by non-compliance by the worker. (5) An employer who, without reasonable excuse, fails to discharge any of the obligations under subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding 1000 penalty units or to imprisonment for a term not exceeding 3 years or to both. - 119 Verify source ↗
Exposure to imminent hazards
Workers must immediately report and leave a workplace situation they reasonably believe is an imminent serious danger. Employers must not punish such workers or force them back to work while the danger continues.
Section 119—Exposure to Imminent Hazards. (1) When a worker finds himself or herself in any situation at the workplace which she or he has reasonable cause to believe presents an imminent and serious danger to his or her life, safety or health, the worker shall immediately report this fact to his or her immediate supervisor and remove himself or herself from the situation. (2) An employer shall not dismiss or terminate the employment of a worker or withhold any remuneration of a worker who has removed himself or herself from a work situation which the worker has reason to believe presents imminent and serious danger to his or her life, safety or health. (3) An employer shall not require a worker to return to work in circumstances where there is a continuing imminent and serious danger to the life, safety or health of the worker. - 120 Verify source ↗
Employer to report occupational accidents and diseases
Employers must report workplace occupational accidents and diseases to the appropriate government agency.
Section 120—Employer to Report Occupational Accidents and Diseases. An employer is required to report as soon as practicable and not later than seven days from the date of the occurrence to the appropriate government agency, occupational accidents and diseases which occur in the workplace. - 121 Verify source ↗
Specific measures PART XVI—LABOUR INSPECTION
The Minister may make regulations, by legislative instrument, about specific measures employers must take to protect workers’ health and safety.
Section 121—Specific Measures. The Minister may by legislative instrument make Regulations providing for specific measures to be taken by employers to safeguard the health and safety of workers employed by them. PART XVI—LABOUR INSPECTION - 122 Verify source ↗
Labour inspection
This section provides for labour inspections to enforce workplace law, advise employers and workers, and report defects or unfair labour practices to the Labour Department or the Commission.
Section 122—Labour Inspection. There shall be carried out inspection to (a) secure the enforcement of the provisions of this Act relating to conditions of work and the protection of workers at their workplaces, including the provisions relating to hours of work, wages, safety, health and welfare of the workers and the employment of young persons; (b) provide technical information and advice to employers and workers concerning the most effective means of complying with the provisions of this Act; 41 41 (c) bring to the notice of the Labour Department or the Commission any defects of this Act; and (d) report to the Labour Department or the Commission other unfair labour practices or abuses not specifically provided for by this Act. - 123 Verify source ↗
Appointment of inspectors
The Civil Service’s appointing authority must appoint inspectors.
Section 123—Appointment of Inspectors. Inspectors shall be appointed by the appointing authority of the Civil Service for the purposes specified in this Act. - 124 Verify source ↗
Powers of labour inspectors
Labour inspectors may inspect workplaces, require documents, take samples, interview employers and workers, and order employers to make safety-related alterations.
Section 124—Powers of Labour Inspectors. (1) An inspector has power to (a) enter freely and without notice at any hour of the day or night to inspect any workplace during working hours; (b) enter during the day or night any premises which the inspector has reason to believe are subject to inspection; (c) carry out any examination, test or inquiry the inspector considers necessary in order to ensure that the provisions of this Act and Regulations made under this Act are complied with; (d) interview, either alone or in the presence of witnesses, any employer or worker on any matter concerning the application and compliance with the provisions of this Act and Regulations made under it; (e) require the production of any books, registers or other documents which relate to the terms and conditions of employment of the workers, in order to ascertain that these are in conformity with this Act and Regulations made under it and to copy the documents or make extracts from them; (f) enforce the posting of notices required by or under this Act; (g) take or remove for purposes of analysis samples of materials and hazardous or chemical substances used or handled by workers in the course of their employment; and (h) direct employers to carry out alterations to buildings, installations and plant necessary to avert any danger or threat of danger to the health or safety of the workers within such period as may be specified in the direction, but no such period shall be allowed if the inspector is of the opinion that there is an imminent danger to the health or safety of the workers. (2) An employer who is directed under subsection (1)(h) to carry out any alterations may, (a) where the period within which the alterations are to be carried out is specified, appeal to the Minister against the direction within seven days before the expiration of the period; or (b) where no period is specified, appeal not later than seven days after the direction, against the direction, to the Minister. (3) The decision of the Minister on the appeal shall subject to any other law be final, and the employer shall abide by the decision and any related consequential order made. 42 42 (4) Where an appeal is lodged under subsection (2) the Minister shall direct the employer to take such interim measures as the employer considers necessary to avert any danger or threat of danger to the health or safety of the workers pending the determination of the appeal. (5) An employer directed under subsection (1)(h) to carry out any alterations who does not appeal to the Minister against the direction shall (a) in the case of imminent danger to health or safety of workers, carry out the alterations immediately; or (b) where the period for the carrying out of the alterations, is specified, carry out the alterations before the expiration of the period. (6) An employer who fails to comply with a decision or order of the Minister or an inspector under subsection (2) or (4) commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units and in addition shall be liable to pay compensation to any person who proves that he or she has suffered any loss, damage or injury as a result of the non- compliance by the employer. - 125 Verify source ↗
Inspectors to maintain confidentiality
Inspectors must keep their inspections confidential, avoid conflicts of interest, and not reveal complaint sources or tell employers an inspection was triggered by a complaint.
Section 125—Inspectors to Maintain Confidentiality. (1) An inspector shall not (a) have direct or indirect interest in any undertaking he or she is required to inspect; (b) divulge during or after termination of his or her service, any manufacturing or commercial secrets or working processes or confidential information which may have come to his or her knowledge in the course of his or her duties; (c) disclose the source of any complaint by which the inspector is informed of any contravention of the provisions of this Act or Regulations made thereunder or intimate to the employer or the employers' representative that an inspection was carried out in consequence of such complaint. (2) An inspector who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to imprisonment for a term not exceeding 2 years or to both. - 126 Verify source ↗
Obstruction of inspectors PART XVII—UNFAIR LABOUR PRACTICES 6 6
A person must not wilfully obstruct a labour inspector carrying out functions under the Act.
Section 126—Obstruction of Inspectors. (1) Any person who willfully obstructs a labour inspector in the performance of his or her functions under this Act commits an offence, and is liable on summary conviction to a fine not exceeding 250 penalty units or to imprisonment not exceeding 12 months or to both. PART XVII—UNFAIR LABOUR PRACTICES - 127 Verify source ↗
Discrimination
This section forbids discrimination and intimidation related to trade union membership and collective bargaining.
Section 127—Discrimination. (1) A person who discriminates against any person with respect to the employment or conditions of employment because that other person is a member or an officer of a trade union is guilty of unfair labour practice. (2) A person who seeks by intimidation, dismissal, threat of dismissal, or by any kind of threat or by imposition of a penalty, or by giving or offering to give a wage increase or any other 43 43 favourable alteration of terms of employment, or by any other means, seeks to induce a worker to refrain from becoming or continuing to be a member or officer of a trade union is guilty of unfair labour practice. (3) A worker or group of workers who by any kind of threat seeks to intimidate the employer during negotiations of a collective agreement is guilty of unfair labour practice. (4) Employers or employer's organisations who seek by any kind of threat to intimidate the worker during negotiations of a collective agreement are guilty of unfair labour practice. - 128 Verify source ↗
Interference by employers in union affairs
An employer must not interfere in trade union formation or influence a trade union by contributing money or money’s worth.
Section 128—Interference by Employers in Union Affairs. An employer who takes part in the formation of a trade union or, with the intention of adversely influencing a trade union, makes any contribution, in money or money's worth, to that trade union, is guilty of unfair labour practice. - 129 Verify source ↗
Employer to facilitate workers trade union business
Employers must let a qualifying trade union officer meet with the employer or workers about matters affecting worker-members, if at least 24 hours' notice is given.
Section 129—Employer to Facilitate Workers Trade Union Business. (1) An employer shall, subject to notice of not less than twenty four hours, allow any officer of a trade union whose members include any of his or her workers, reasonable facilities and time to confer with the employer or workers on matters affecting the members of the trade union who are his or her workers and an employer who fails to give reasonable facilities and time is guilty of unfair labour practice. (2) In this section "reasonable facilities" means such facilities as the employer and his or her workers may agree are reasonably required for the purposes stated in subsection (1). - 130 Verify source ↗
Interference that causes financial loss
A worker may be guilty of unfair labour practice if they intentionally interfere seriously with their employer’s business in a way that may cause financial loss.
Section 130—Interference that Causes Financial Loss. Subject to the other provisions of this Act, if a worker carries on any activity intended to cause serious interference with the business of his or her employer that may result in financial loss, the worker is guilty of unfair labour practice. - 131 Verify source ↗
Union activities during working hours
Trade union officers or other persons must not, during normal working hours and without the employer’s consent, try to recruit or discuss trade union matters with workers on the employer’s premises.
Section 131—Union Activities During Working Hours. (1) An officer of a trade union or any other person shall not during normal working hours attempt to persuade or induce a worker, not covered by a collective agreement, to become a member or an officer of a trade union while the worker is on the premises of his or her employer, without the consent of the employer. (2) An officer of a trade union or any other person shall not during normal working hours confer with an employee on trade union matters while the worker is on the premises of his or her employer without the consent of the employer. (3) A person who contravenes subsection (1) or (2) is guilty of unfair labour practice. - 132 Verify source ↗
Complaints
The Commission must enquire into and determine complaints of unfair labour practices.
Section 132—Complaints. The Commission shall enquire into and determine complaints of unfair labour practices brought before it in accordance with its rules of procedure. - 133 Verify source ↗
Commission to make orders
If the Commission finds an unfair labour practice, it may order the person to stop, order an employer to restore a worker and pay compensation, or order a trade union to refund a contribution.
Section 133—Commission to make Orders. 44 44 (1) Where the Commission finds that a person has engaged in an unfair labour practice it may, if it considers fit, make an order forbidding the person to engage or continue to engage in such activities as it may specify in the order. (2) Where the Commission finds that a person has engaged in an unfair labour practice under section 127 which involves the termination of employment of a worker, the alteration of his or her employment or of the conditions of his or her employment, the Commission may, if it considers fit, make an order requiring the worker's employer (a) to take such steps as may be specified in the order to restore the position of the worker; and (b) to pay to the worker a sum specified in the order as compensation for any loss of earnings attributed to the contravention. (3) Where the Commission finds that a person has engaged in an unfair labour practice under section 128 by making a contribution to a trade union, the Commission may, if it considers fit, order that the trade union refund the contribution. (4) For the purposes of enforcing an order of the Commission under this section, the order shall have effect as if it were made by the High Court. - 134 Verify source ↗
Appeals PART XVIII—NATIONAL LABOUR COMMISSION Sub-Part I—Establishment and Functions of the National Labour Commission
A person aggrieved by a Commission order, direction, or decision under section 133 may appeal to the Court of Appeal within 14 days.
Section 134—Appeals. A person aggrieved by an order, direction or decision made or given by the Commission under section 133 may, within fourteen days of the making or giving of the order, direction or decision, appeal to the Court of Appeal. PART XVIII—NATIONAL LABOUR COMMISSION Sub-Part I—Establishment and Functions of the National Labour Commission - 135 Verify source ↗
Establishment of Commission
This section establishes a National Labour Commission called the Commission.
Section 135—Establishment of Commission. There is established by this Act a National Labour Commission referred to in this Act as the "Commission". - 136 Verify source ↗
Composition of the Commission
Section 136 is titled “Composition of the Commission,” but the supplied text cuts off after “The Commission shall”.
Section 136—Composition of the Commission. (1) The Commission shall
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Labour Act, 2003 (Act 651)
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