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.

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.

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.

Private employment agencies can only be established or operated by a corporate body that has applied for and received a licence from the Minister.

An employer has rights, subject to this Act and other enactments, to manage workers and business operations.

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.

Workers are entitled to safe working conditions, equal pay for equal work, rest and paid holidays, union membership, training, and work-related information.

Workers have a duty to work conscientiously, follow lawful instructions, be punctual, protect co-workers’ safety, and care for employer property.

Employers must use a written contract of employment for employment lasting six months or more, or the equivalent in working days within a year.

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.

Employers must not impose or use restrictive or discriminatory conditions against people seeking work or already employed.

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.

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.

This section sets notice rules for ending an employment contract, including different notice periods by contract length and a writing requirement for notice.

When employment ends, the employer must pay the worker owed wages and certain other amounts, including some foreign-contract travel and repatriation expenses.

Sections 15 to 18 do not apply if a collective agreement has express termination terms that are more favorable to the worker.

Workers in an undertaking are entitled to at least 15 working days of paid leave for each calendar year of continuous service.

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.

A worker’s annual leave entitlement is not affected by public holidays, certified sickness absence, pregnancy, or confinement.

A worker’s absence for voluntary communal work, civic duties, or special leave with the employer’s permission is not counted as annual leave.

Sick leave certified by a medical practitioner and taken during annual leave is not counted as annual leave.

Workers are generally entitled to uninterrupted leave, but an employer may require an interruption in urgent necessity.

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.

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.

A worker may take annual leave in two approximate equal parts.

If a suspended worker is reinstated, the worker is entitled to take the leave they would have earned without the suspension.

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.

An agreement to give up annual leave is void.

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.

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.

An undertaking or branch may set work hours different from eight hours a day, but only within stated limits.

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.

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.

The Minister may set shorter working hours for manual labour jobs and jobs likely to harm health.

In exceptional circumstances, a worker may be required to work beyond fixed hours without extra pay.

The undertaking’s rules must set when a worker’s hours start and end, but underground work has special timing rules.

Workers get a break during working hours, with the minimum length depending on whether the normal hours are continuous or split into two parts.

A worker must be given at least 12 hours of continuous daily rest between working days.

Workers must be given a weekly rest period of 48 consecutive hours.

Rest periods under this Sub-Part do not include public holidays.

This section says the sub-part and sections 33 and 34 do not apply to task workers or domestic workers in private homes.

A person with disability may apply to the Centre for registration, and the Centre must issue a certificate of registration after registration.

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.

An employer who hires a person with disability must notify the nearest Centre about the employment.

A contract of employment for a person with disability must state the job or post, working hours, pay, transport facilities, and any special privileges.

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.

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.

A notice of termination for a person with disability must be at least one month long.

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.

If a disabled employee needs training or retraining to cope with work, the employer may provide or arrange it at the employer’s expense.

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.

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.

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.

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.

Young persons must not be used in hazardous work, and employers must not employ a young person in underground mine work.

An employer must not employ a young person unless a medical practitioner has certified the young person as fit and in good health.

Employers in industrial undertakings must keep a register of young persons they employ, including their dates of birth or apparent ages.

This section defines “industrial undertakings” for this Part.

A worker’s employment may be fairly terminated by the employer only on the listed grounds.

An employer must not unfairly terminate a worker’s employment.

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.

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.

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.

Employment contracts must say that salary, wages, and allowances are payable in legal tender, in addition to any non-cash pay.

Every worker is entitled to equal pay for equal work, without distinction of any kind.

An employer must not make unauthorized deductions from a worker’s pay, including discounts, interest, similar charges, or penalties.

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.

An employer that runs a store or service for workers must not force workers to use it.

Every worker is entitled to be paid remuneration for public holidays.

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.

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.

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.

Temporary and casual workers have minimum pay rules, and employers must pay the full minimum amount for days worked.

Employers must pay temporary and casual workers for public holidays, including extra pay when they work on the holiday.

This section defines “temporary worker” and “casual worker.”

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.

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.

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.

Trade unions and employers’ organisations must not be controlled by, or financially or materially aided by, a political party.

Trade unions and employers’ organisations must apply in writing to the Chief Labour Officer for registration, and include specified documents with the application.

A trade union or employers’ organisation registered under section 81 must be issued a certificate of registration by the Chief Labour Officer.

Trade unions and employers' organisations must put specified matters into their rules.

The Chief Labour Officer must keep and maintain a register of trade unions and employers' organisations.

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.

Trade unions and employers' organisations can exercise rights and powers under this Act only if they are registered under this Part.

A trade union or employers' organisation may change its name if it follows its constitution or rules.

Trade unions and employers' organisations may amalgamate if they follow their constitutions or rules.

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.

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.

Federations of trade unions or employers' organisations are subject to the Act's provisions that apply to trade unions or employers' organisations.

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.

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.

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.

Parties negotiating a collective agreement must act in good faith, share relevant information, keep undisclosed information confidential, and avoid false or fraudulent misrepresentations.

A collective agreement may include clauses on worker categories, working conditions, pay, probation, termination notice, dispute handling, productivity matching, and essential services.

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.

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.

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.

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.

A duly appointed trade union officer or member may conduct certain negotiations, and both parties must make reasonable efforts to reach agreement.

If the served party does not start negotiations within 14 days, the Commission must direct it to negotiate immediately, and the party must comply.

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.

The parties to the negotiations must tell all affected workers the terms of the concluded collective agreement.

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.

Every collective agreement must include a final and conclusive dispute-settlement provision under Part XVIII of the Act.

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.

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.

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.

This section establishes a 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.

The National Tripartite Committee must meet at times and places chosen by its members, and at least once every three months.

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.

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.

This section defines “forced labour” and lists several kinds of labour that are excluded from that definition.

Employers must provide and maintain safe, healthy workplace conditions and workers must use the safety equipment provided.

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.

Employers must report workplace occupational accidents and diseases to the appropriate government agency.

The Minister may make regulations, by legislative instrument, about specific measures employers must take to protect workers’ health and safety.

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.

The Civil Service’s appointing authority must appoint inspectors.

Labour inspectors may inspect workplaces, require documents, take samples, interview employers and workers, and order employers to make safety-related alterations.

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.

A person must not wilfully obstruct a labour inspector carrying out functions under the Act.

This section forbids discrimination and intimidation related to trade union membership and collective bargaining.

An employer must not interfere in trade union formation or influence a trade union by contributing money or money’s worth.

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.

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.

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.

The Commission must enquire into and determine complaints of unfair labour practices.

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.

A person aggrieved by a Commission order, direction, or decision under section 133 may appeal to the Court of Appeal within 14 days.

This section establishes a National Labour Commission called the Commission.

Section 136 is titled “Composition of the Commission,” but the supplied text cuts off after “The Commission shall”.