Kenya Act or statute

Parliament of Kenya

Labour Relations Act

This Act may be cited as the Labour Relations Act. Section 2. Interpretation Section the general secretary of a trade union; Applies to persons in the armed forces or any reserve force. The Cabine…

Jurisdiction: Kenya
Structure: 83 provisions
Citation: Cap. 233
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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“This Act may be cited as the Labour Relations Act.”

This Act may be cited as the Labour Relations Act. Section 2. Interpretation Section the general secretary of a trade union; Applies to persons in the armed forces or any reserve force. The Cabinet Secretary must appoint a conciliator as specified in Part VIII. A party alleging that a right or protection under this part was infringed must prove the facts of the conduct.

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PRELIMINARY - 1. Short title

This Act may be cited as the Labour Relations Act.

Section 1

ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 22. Objects in restraint of trade not unlawful

Says that objects in restraint of trade are not to be treated as unlawful so as to make any member of the trade union liable to criminal prosecution.

Section 22

PROPERTY, FUNDS AND ACCOUNTS OF TRADE UNIONS, EMPLOYERS’ ORGANISATIONS AND FEDERATIONS - 39. Application of funds

Provides for the payment of salaries, allowances and expenses to its officials.

Section 39

RECOGNITION OF TRADE UNIONS AND COLLECTIVE AGREEMENTS - 60. Registration of collective agreement

Collective agreements must be submitted to the Employment and Labour Relations Court for registration; employers or employers’ organisations must submit agreements, trade unions may submit if employers fail, and the Court has procedures for requesting…

Section 60

MISCELLANEOUS PROVISIONS - 83. Regulations

The Cabinet Secretary may, after consultations with the Board, make regulations on any matter for the better carrying out of the provisions of this Act.

Section 83

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Showing 83 of 83 provisions

Provision 66Offence 8Commencement 5Amendment 2

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Labour Relations Act.

Section 1. Short title Section This Act may be cited as the Labour Relations Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Section 2. Interpretation Section the general secretary of a trade union;

Section 2Verify source

§ 3PRELIMINARY - 3. ApplicationProvision

Applies to persons in the armed forces or any reserve force.

Section 3. Application Section in the armed forces, or in any reserve force thereof;

Section 3Verify source

Part II

FREEDOM OF ASSOCIATION

§ 10FREEDOM OF ASSOCIATION - 10. Disputes under PartProvision

The Cabinet Secretary must appoint a conciliator as specified in Part VIII.

Section 10. Disputes under Part Section to the Cabinet Secretary to appoint a conciliator as specified in Part VIII; or

Section 10Verify source

§ 11FREEDOM OF ASSOCIATION - 11. Burden of proofProvision

A party alleging that a right or protection under this part was infringed must prove the facts of the conduct.

Section 11. Burden of proof Section a party that alleges that a right or protection conferred by this part has been infringed shall prove the facts of the conduct; and

Section 11Verify source

§ 4FREEDOM OF ASSOCIATION - 4. Employee’s right to freedom of associationProvision

Employees are entitled to freedom of association including forming, joining or leaving trade unions, participating in lawful union activities, voting in and standing for union offices or representative roles, and holding office if elected or appointed.

Section 4. Employee’s right to freedom of association Section 4(1)(a) participate in forming a trade union or federation of trade unions; Section 4(1)(b) join a trade union; or Section 4(1)(c) leave a trade union. Section 4(2)(a) participate in its lawful activities; Section 4(2)(b) participate in the election of its officials and representatives; Section 4(2)(c) stand for election and be eligible for appointment as an officer or official and, if elected or appointed, to hold office; and Section 4(2)(d) stand for election or seek for appointment as a trade union representative and, if elected or appointed, to carry out the functions of a trade union representative in accordance with the provisions of this Act or a collective agreement. Section 4(3)(a) participate in its lawful activities; Section 4(3)(b) participate in the election of any of its office bearers or officials; and Section 4(3)(c) stand for election or seek for appointment as an office bearer or official and, if elected or appointed, to hold office.

Section 4Verify source

§ 5FREEDOM OF ASSOCIATION - 5. Protection of employeesProvision

No person must discriminate against employees or job applicants for exercising rights under this Act; employers and others must not require or prevent trade union membership or participation in Act-specified proceedings, nor offer advantages to induce forfeiture of those rights.

Section 5. Protection of employees Section 5(1) No person shall discriminate against an employee or any person seeking employment for exercising any right conferred in this Act. Section 5(2)(a) require an employee or a person seeking employment not to be or become a member of a trade union or to give up membership of a trade union; Section 5(2)(b) prevent an employee or person seeking employment from exercising any right conferred by this Act or from participating in any proceedings specified in this Act; Section 5(2)(c) because of past, present or anticipated trade union membership; Section 5(2)(c)(i) because of past, present or anticipated trade union membership; Section 5(2)(c)(ii) for participating in the formation or the lawful activities of a trade union; Section 5(2)(c)(iii) for exercising any right conferred by this Act or participating in any proceedings specified in this Act; or Section 5(2)(c)(iv) for failing or refusing to do something that an employee may not lawfully permit or require an employee to do. Section 5(3) No person shall give an advantage, or promise to give an advantage, to an employee or person seeking employment in exchange for the person not exercising any right conferred by this Act or not participating in any proceedings in terms of this Act: Provided that nothing in this section shall prevent the parties to a dispute from concluding an agreement to settle that dispute.

Section 5Verify source

§ 6FREEDOM OF ASSOCIATION - 6. Employer’s right to freedom of associationProvision

Employers have rights to form or join employers’ organisations, participate in their lawful activities and elections, and to stand for and hold office; a juristic employer may exercise election/office rights via a representative.

Section 6. Employer’s right to freedom of association Section 6(1)(a) participate in forming an employers’ organisation or a federation of employers organisations; and Section 6(1)(b) subject to its constitution, join an employers organisation or a federation of employers’ organisations. Section 6(2)(a) participate in its lawful activities; Section 6(2)(b) participate in the election of any of its office bearers or officials; and Section 6(2)(c) stand for election or seek for appointment as an office bearer or official and, if elected or appointed, to hold office. Section 6(3)(a) participate in its lawful activities; Section 6(3)(b) participate in the election of any of its office bearers or officials; Section 6(3)(c) stand for election and be eligible for appointment as an office bearer or official; and Section 6(3)(d) stand for election or seek appointment as an office bearer and if elected or appointed to hold office. Section 6(4) An employer that is a juristic person may exercise the right to stand for election and hold office in an employer’s organisation or federation of employers’ organisation through a representative.

Section 6Verify source

§ 7FREEDOM OF ASSOCIATION - 7. Protection of employers’ rightsProvision

Prohibits discrimination against employers for exercising rights under the Act and bars offering advantages to induce employers not to exercise those rights; also lists specific prohibited requirements and grounds related to employers’ organisations and participation in proceedings.

Section 7. Protection of employers’ rights Section 7(1) No person shall discriminate against an employer for exercising any right conferred by this Act. Section 7(2)(a) require an employer not to be or become a member of an employers’ organisation or to give up membership of an employer organisation; Section 7(2)(b) prevent an employer from exercising any right conferred by this Act or from participating in any proceedings specified in this Act; Section 7(2)(c) because of past, present or anticipated employers’ organisation membership; Section 7(2)(c)(i) because of past, present or anticipated employers’ organisation membership; Section 7(2)(c)(ii) for participation in the formation of the lawful activities of an employers’ organisation; Section 7(2)(c)(iii) for exercising any right conferred by this Act or participation in any proceedings specified in this Act; or Section 7(2)(c)(iv) failing or refusing to do something that an employer may not lawfully do. Section 7(3) No person shall give an advantage, or promise to give an advantage to an employer in exchange for the employer not exercising any right conferred by this Act or not participating in any proceedings provided for in this Act: Provided that, nothing in this section shall prevent the parties to a dispute from concluding an agreement to settle that dispute.

Section 7Verify source

§ 8FREEDOM OF ASSOCIATION - 8. Rights of trade unions, employers’ organisations and federationsProvision

Rights of trade unions, employers’ organisations and federations to determine their own constitution and rules.

Section 8. Rights of trade unions, employers’ organisations and federations Section determine its own constitution and rules; and

Section 8Verify source

§ 9FREEDOM OF ASSOCIATION - 9. Provision may not be varied by agreementCommencement

A provision in a contract or collective agreement may not contradict or limit this section.

Section 9. Provision may not be varied by agreement Section A provision in any contract of employment or collective agreement, whether concluded before or after the commencement of this Act, that contradicts or limits any provision of this section is invalid, unless the contractual provision is expressly permitted by this Act.

Section 9Verify source

Part III

ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS

§ 12ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 12. Establishment of a trade union or employers’ organisationProvision

A person may not recruit members to form a trade union or employers’ organisation unless they have obtained a certificate from the Registrar; promoters must have two signatories and may lawfully undertake activities to establish the organisation; registration application must be made within six months of certificate issue; certificates obtained by fraud or unlawful activity on behalf of the proposed organisation are addressed by the section.

Section 12. Establishment of a trade union or employers’ organisation Section 12(1) No person shall recruit members for the purpose of establishing a trade union or employers’ organisation unless that person has obtained a certificate from the Registrar issued under this section. Section 12(2)(a) be signed by two persons who are promoting the establishment of the trade union or employers’ organisation; Section 12(2)(b) specify the name of the proposed trade union or employers’ organisation; and Section 12(2)(c) contain any other prescribed information. Section 12(3)(a) the application is defective; or Section 12(3)(b) the name of the proposed trade union or employers’ organisation is the same as that of an existing trade union or employers’ organisation or is sufficiently similar so as to mislead or cause confusion. Section 12(4)(a) the promoters may undertake lawful activities in order to establish a trade union or employers’ organisation; and Section 12(4)(b) an application for the registration of the trade union or employers’ organisation shall be made to the Registrar within six months of the date of issue of the certificate. Section 12(5)(a) the certificate was obtained by fraud, misrepresentation or as a result of a mistake; or Section 12(5)(b) any person has undertaken an unlawful activity, whether in contravention of this Act or any other law, on behalf of the proposed trade union or employers’ organisation.

Section 12Verify source

§ 13ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 13. Application to register a trade union or employers’ organisationProvision

A trade union or employers’ organisation must apply to the Registrar for registration within six months of receiving a certificate issued under section 12.

Section 13. Application to register a trade union or employers’ organisation Section A trade union or employers’ organisation shall apply to the Registrar for registration within six months of receiving a certificate issued under section 12 .

Section 13Verify source

§ 14ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 14. Requirements for registering a trade unionProvision

Lists the conditions a trade union must meet to register (application, constitution, Kenyan address, representativeness, membership sector limits subject to subsection (2), unique name, meeting with at least fifty members, independence from employers, and sole purpose as a trade union) and allows the Registrar to register multi-sector unions if constitution protects sectoral interests; Registrar must notify potentially affected existing organisations and invite objections.

Section 14. Requirements for registering a trade union Section 14(1)(a) the trade union has applied for registration in accordance with this Act; Section 14(1)(b) the trade union has adopted a constitution that complies with the requirements of this Act, including the requirements set out in the First Schedule; Section 14(1)(c) the trade union has an office and postal address within Kenya; Section 14(1)(d) in the case of a trade union of employers or of employees, sufficiently representative of the whole or of a substantial proportion of the interests in respect of which the applicants seek registration; or Section 14(1)(d)(i) in the case of a trade union of employers or of employees, sufficiently representative of the whole or of a substantial proportion of the interests in respect of which the applicants seek registration; or Section 14(1)(d)(ii) in the case of an association of trade unions, sufficiently representative of the whole or a substantial proportion of the trade unions eligible for membership thereof: Provided that the Registrar shall, by notice in the Gazette and in one national daily newspaper with wide circulation, notify any registered trade union, federation of trade unions or employers’ organisations which appear to him to represent the same interest as the applicants of the receipt of such application and shall invite the registered trade union federation of trade unions or employers’ organisation concerned to submit in writing, within a period to be specified in the notice, any objections to the registration; Section 14(1)(e) subject to subsection (2), only members in a sector specified in the constitution qualify for membership of the trade union; Section 14(1)(f) the name of the trade union is not the same as that of an existing trade union, or sufficiently similar so as to mislead or cause confusion; Section 14(1)(g) the decision to register the trade union was made at a meeting attended by at least fifty members of the trade union; Section 14(1)(h) the trade union is independent from the control, either direct or indirect, of any employer or employers’ organisations; and Section 14(1)(i) the trade union’s sole purpose is to pursue the activities of a trade union. Section 14(2) Notwithstanding the provisions of subsection (1)(d), the Registrar may register a trade union consisting of persons working in more than one sector, if the Registrar is satisfied that the constitution contains suitable provisions to protect and promote the respective sectoral interests of the employees.

Section 14Verify source

§ 15ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 15. Requirements for registering employers’ organisationProvision

Lists requirements that an employers’ organisation must meet to be registered, including applying for registration, adopting a compliant constitution, having an office in Kenya, representativeness in certain cases, membership limited to a sector subject to subsection (2), distinct name, independence from trade unions, and primary purpose; the Registrar may register multi-sector organisations if satisfied and must notify potentially affected registered federations or organisations and invite objections.

Section 15. Requirements for registering employers’ organisation Section 15(1)(a) the employers’ organisation has applied for registration in accordance with the requirements of this Act; Section 15(1)(b) the employers’ organisation has adopted a constitution that complies with the requirements of this Act, including the requirements of the First Schedule; Section 15(1)(c) the employers’ organisation has an office and postal address within Kenya; Section 15(1)(d) in the case of a trade union of employers or of employees, sufficiently representative of the whole or of a substantial proportion of the interests in respect of which the applicants seek registration; or Section 15(1)(d)(i) in the case of a trade union of employers or of employees, sufficiently representative of the whole or of a substantial proportion of the interests in respect of which the applicants seek registration; or Section 15(1)(d)(ii) in the case of an association of trade unions, sufficiently representative of the whole or a substantial proportion of the trade unions eligible for membership thereof: Provided that the Registrar shall, by notice in the Gazette and in any one national daily newspaper with wide circulation, notify any registered trade union federation of trade unions or employers’ organisation which appears to him to represent the same interest as the applicants of the receipt of such application and shall invite the registered trade union federation of trade unions or employers’ organisation concerned to submit in writing within a period to be specified in the notice, any objections to the registration; Section 15(1)(e) subject to subsection (2), the constitution of the employers’ organisation specifies that only employers within a specified sector qualify for membership; Section 15(1)(f) the name of the employers’ organisation is not the same as that of an existing employers’ organisation or sufficiently similar so as to mislead or cause confusion; Section 15(1)(g) the decision to register was taken at a meeting attended by at least four members; Section 15(1)(h) the employers’ organisation is independent from the control, either directly or indirectly of any trade union or federation of trade unions; Section 15(1)(i) the employers’ organisation’s primary purpose is to conduct the activities of an employer’s organisation. Section 15(2) Notwithstanding the provisions of subsection (1)(c), the Registrar may register an employers’ organisation consisting of employers in more than one sector, if the Registrar is satisfied that the constitution contains suitable provision to protect and promote the respective sectoral interests of employers.

Section 15Verify source

§ 16ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 16. Requirements for registering federation of trade unionsProvision

The provision states that the federation has applied for registration in accordance with this Act.

Section 16. Requirements for registering federation of trade unions Section the federation has applied for registration in accordance with this Act;

Section 16Verify source

§ 17ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 17. Requirements for registering a federation of employersProvision

Requirements for registering a federation of employers

Section 17. Requirements for registering a federation of employers Section the federation has applied for registration in accordance with this Act;

Section 17Verify source

§ 18ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 18. Application for registrationProvision

An application to register a trade union must be signed by seven members of the trade union.

Section 18. Application for registration Section 18(1)(a) the prescribed fee; Section 18(1)(b) a certified copy of the constitution of the trade union or employers’ organisation; and Section 18(1)(c) a certified copy of the attendance register and minutes of the meeting at which the trade union, employers’ organisation or federation was established. Section 18(2) An application to register a trade union shall be signed by seven members of the trade union. Section 18(3)(a) call for further information for the purposes of evaluating an application for registration; or Section 18(3)(b) give an applicant for registration an opportunity to rectify the application within a period specified by the Registrar. Section 18(4)(a) request the applicant for registration to alter the name of the trade union or employers’ organisation or federation; or Section 18(4)(b) not register the trade union, employers organisation or federation until a suitable alteration has been made.

Section 18Verify source

§ 19ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 19. Registration of trade unions, employers’ organisation or federationProvision

Registration requires issuing a certificate of registration in Form B and entering the name and details in the register in Form C.

Section 19. Registration of trade unions, employers’ organisation or federation Section 19(1)(a) issue a certificate of registration in Form B set out in the Second Schedule; and Section 19(1)(b) enter the name and details of the trade union, employers’ organisation or federation in the appropriate register in Form C set out in the Second Schedule. Section 19(2) A certificate of registration issued under subsection (1) is conclusive evidence that the trade union, employers’ organisation or federation has been duly registered under this Act unless it is proved that the certificate has been withdrawn or cancelled.

Section 19Verify source

§ 20ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 20. Refusal to register a trade union, employers’ organisation or federationProvision

If the Registrar refuses a registration because requirements are not met, the Registrar must advise the applicant of the reasons in Form D.

Section 20. Refusal to register a trade union, employers’ organisation or federation Section If the Registrar is not satisfied that a trade union, employers’ organisation or federation meets the requirements for registration and refuses the application for registration, the Registrar shall advise the trade union, employers’ organisation or federation of the reasons for that refusal in Form D set out in the Second Schedule.

Section 20Verify source

§ 21ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 21. Effect of registrationProvision

Registered entity has perpetual succession and a common seal.

Section 21. Effect of registration Section with perpetual succession and a common seal;

Section 21Verify source

§ 22ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 22. Objects in restraint of trade not unlawfulProvision

Says that objects in restraint of trade are not to be treated as unlawful so as to make any member of the trade union liable to criminal prosecution.

Section 22. Objects in restraint of trade not unlawful Section be deemed to be unlawful so as to render any member of the trade union liable to criminal prosecution for conspiracy or otherwise; or

Section 22Verify source

§ 23ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 23. Consequences of failure to registerProvision

No person must act or purport to act as an officer or official of a trade union or employers’ organisation that is not registered or has had its registration cancelled.

Section 23. Consequences of failure to register Section 23(1)(a) is registered under this Act; or Section 23(1)(b) an application for its registration is being considered. Section 23(2)(a) the Registrar has issued a certificate specified under section 12 ; and Section 23(2)(b) less than six months have elapsed from the time the Registrar issued a notice as requested under section 14 . Section 23(3)(a) defending proceedings against a trade union or employers’ organisations; or Section 23(3)(b) dissolving the trade union or employers’ organisation and disposing of its funds in accordance with its rules. Section 23(4) No person shall act or purport to act as an officer or official of a trade union or employers’ organisation that is not registered or has had its registration cancelled.

Section 23Verify source

§ 24ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 24. Registered officeProvision

A registered office must have a physical office and postal address and must give notice of that office and any change to the Registrar in Form E.

Section 24. Registered office Section 24(1)(a) have a physical office and postal address to which all communication and notices may be addressed; and Section 24(1)(b) give notice of its physical office and postal address and of any change of office or address to the Registrar in Form E set out in the Second Schedule, who shall enter it in the appropriate register. Section 24(2)(a) operate without having a registered physical office; and Section 24(2)(b) fail to give notice of its office and address or any change of office or address as required under subsection (1).

Section 24Verify source

§ 25ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 25. Registration of branchesProvision

Sets registration requirements and procedures for branches: application by unions, organisations or federations in Form F; authorised representative must apply within thirty days; Registrar keeps registers and may request more information; authorised representative must notify dissolution; prohibition on acting as an official if branch not registered or registration cancelled.

Section 25. Registration of branches Section 25(1) A trade union, employers’ organisation or federation shall apply to the Registrar to register its branches in Form F set out in the Second Schedule. Section 25(2)(a) be made by an authorised representative within thirty days of the formation of the branch; Section 25(2)(b) specify the name of the branch, its postal address and the place at which the branch will meet or conduct its business; and Section 25(2)(c) specify the titles, names, ages, occupation and place of work of all officials of the branch. Section 25(3) The authorised representative specified under subsection (2) shall give notice to the Registrar in writing of the dissolution of any branch of a trade union, employers’ organisation or federation. Section 25(4)(a) shall maintain registers reflecting the branches of trade unions, employers’ organisations and federations; and Section 25(4)(b) may request further information before deciding whether to register a branch or remove its name from the relevant register. Section 25(5) No person shall act or purport to act as an official of a branch of a trade union, employers’ organisation or federation if that branch is not registered or has had its registration cancelled.

Section 25Verify source

§ 26ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 26. Amalgamation of trade unions, employers’ organisations or federationsProvision

Registered trade unions, employers’ organisations or federations may amalgamate with one or more registered trade unions or employers’ organisations, subject to voting and procedural conditions.

Section 26. Amalgamation of trade unions, employers’ organisations or federations Section 26(1) A registered trade union, employers’ organisation or federation may amalgamate with one or more registered trade unions or employers’ organisations, as the case may be. Section 26(2) An amalgamation of trade unions, employers organisation or federation may occur without a dissolution or division of the funds of the amalgamating trade unions, employers’ organisations or federations. Section 26(3)(a) each of the amalgamating trade unions, employers’ organisations or federations has conducted a secret ballot in compliance with any prescribed requirements; Section 26(3)(b) at least fifty per cent of the members of each trade union, employers’ organisation or federation entitled to vote have voted; and Section 26(3)(c) the number of members who vote in favour of the proposed amalgamation exceeds by at least twenty percent the number of members who vote against the amalgamation. Section 26(4) Notice of a proposal to amalgamate a trade union, employers’ organisation or federation shall be in Form G set out in the Second Schedule and shall be signed by the authorized representative of each party to the amalgamation. Section 26(5) If the amalgamated trade union, employers’ organisation or federation proposes to represent members in more than one sector, the Registrar may only register the amalgamated trade union, employers’ organisation or federation if satisfied that the constitution contains suitable provision to protect and promote the respective sectoral interests of employees or employers. Section 26(6)(a) issue a certificate of amalgamation in Form H set out in the Second Schedule; and Section 26(6)(b) remove the amalgamating trade unions or employers’ organisations from the relevant register. Section 26(7) The Registrar may not register the amalgamated trade union, employers’ organisation or federation if its name is the same or sufficiently similar to that of an existing union, organisation or federation so as to be likely to mislead or cause confusion. Section 26(8)(a) all the assets, rights, obligations and liabilities of the amalgamating trade unions, employers’ organisations or federations devolve upon and invest in the amalgamated trade union, employers’ organisation or federation; and Section 26(8)(b) any right that the amalgamating trade unions, employers’ organisations or federations enjoyed; Section 26(8)(b)(i) any right that the amalgamating trade unions, employers’ organisations or federations enjoyed; Section 26(8)(b)(ii) any fund established under this Act or any other law; Section 26(8)(b)(iii) any court proceedings, court order, arbitration award or collective agreement or other agreement; Section 26(8)(b)(iv) any written authorization by a member for the periodic deduction of levies or subscription due to the amalgamating organisation; and Section 26(8)(b)(v) any notice by the Cabinet Secretary in respect of the deduction of trade union subscriptions as specified in Part VI.

Section 26Verify source

§ 27ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 27. Change of name or constitution of trade union, employers’ organisation or federationCommencement

Section 27 sets rules for approving and registering changes of name or constitution of registered trade unions, employers’ organisations or federations, including Registrar powers to approve, refer, refuse or order, issuance of a certificate, and that changes take effect when the Registrar approves them.

Section 27. Change of name or constitution of trade union, employers’ organisation or federation Section 27(1)(a) change or replace its constitution; or Section 27(1)(b) change its name. Section 27(2)(a) a notice in Form I or Form J, as the case may be, set out in the Second Schedule, duly completed and signed by the secretary; Section 27(2)(b) a copy of the resolution containing details of the change; and Section 27(2)(c) a certificate signed by the secretary stating that the resolution was passed in accordance with the constitution and rules. Section 27(3) Notice of the change specified in subsection (2) shall be submitted to the Registrar within fourteen days of any resolution to change the name or constitution. Section 27(4)(a) refer the matter to the Employment and Labour Relations Court; Section 27(4)(b) refuse to accept the proposed amendments; or Section 27(4)(c) make any orders that he may deem fit in the circumstances. Section 27(5) The Registrar may approve a change of name or to the constitution if the applicable requirements of registration of a trade union, employer’s organisation or federation are met. Section 27(6) The Registrar shall issue a certificate of change of name or change of the constitution in Form K or Form L, as the case may be, set out in the Second Schedule. Section 27(7) Any change of name or change to the constitution and rules of a registered trade union, organisation or federation shall take effect when the Registrar approves the change under this section. Section 27(8)(a) affect any right or obligation of that trade union, employers’ organisation or federation; Section 27(8)(b) render defective any legal proceedings by or against it and any proceeding instituted under the former name may be continued or commenced by or against it under the new name. Section 27(9) Where the Registrar refuses to approve a change under this section, the Registrar shall give written notice of that decision and the reasons for the refusal.

Section 27Verify source

§ 28ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 28. Cancellation or suspension of registrationProvision

The Registrar may cancel or suspend the registration of a trade union, employers’ organisation or federation for listed grounds; the Registrar must give at least two months notice in Form M and consider representations, must notify the decision in Form N and give reasons; the union/organisation/federation may appeal to the Employment and Labour Relations Court.

Section 28. Cancellation or suspension of registration Section 28(1)(a) the trade union, employers organisation or federation is dissolved; or Section 28(1)(b) the Registrar is satisfied that the trade union, employers’ organisation or federation has ceased to exist. Section 28(2)(a) was registered as a result of fraud, misrepresentation or mistake; Section 28(2)(b) is operating in contravention of this Act; Section 28(2)(c) is being used for an unlawful purpose; Section 28(2)(d) has failed to conduct elections in accordance with the requirements of this Act; or Section 28(2)(e) is not independent. Section 28(3)(a) given the trade union, employers’ organisation or federation at least two months notice of his intention to suspend or cancel its registration in Form M set out in the Second Schedule; and Section 28(3)(b) considered any representations made by the trade union, employers’ organisation or federation within that two month period. Section 28(4)(a) notify it of that decision in Form N set out in the Second Schedule; and Section 28(4)(b) give reasons for the decision. Section 28(5) A trade union, employers’ organisation or federation may appeal against a decision of the Registrar to the Employment and Labour Relations Court.

Section 28Verify source

§ 29ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 29. Notice of dissolutionProvision

Notices and supporting statements for dissolution are set out, with a 14‑day submission period; the dissolution takes effect from the date of its registration.

Section 29. Notice of dissolution Section 29(1)(a) shall be submitted to the Registrar within fourteen days of the resolution to dissolve; and Section 29(1)(b) by an authorized representative; and Section 29(1)(b)(i) by an authorized representative; and Section 29(1)(b)(ii) by seven members of a trade union or three members of an employers’ organisation or federation. Section 29(2)(a) issue a certificate of dissolution in Form P set out in the Second Schedule; and Section 29(2)(b) register the dissolution if satisfied that the dissolution complies with the applicable constitution. Section 29(3) The dissolution of a trade union, employer’s organisation or federation takes effect from the date of its registration.

Section 29Verify source

§ 30ESTABLISHMENT AND REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 30. Appeals against decision of RegistrarProvision

A person aggrieved by a Registrar's decision may appeal to the Employment and Labour Relations Court within thirty days.

Section 30. Appeals against decision of Registrar Section Any person aggrieved by a decision of the Registrar made under this Act may appeal to the Employment and Labour Relations Court against that decision within thirty days of the decision.

Section 30Verify source

Part IV

OFFICIALS AND MEMBERS OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS

§ 31OFFICIALS AND MEMBERS OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 31. OfficialsOffence

Officials of a trade union or employers’ organisation must be (or have been) engaged in the sector for which the organisation is registered; there are limits on holding multiple offices, specific permitted exceptions, and a ban for those convicted of fraud or dishonesty.

Section 31. Officials Section 31(1) The officials of a trade union or employers’ organisation shall be persons who are, or have been, engaged or employed in the sector for which the trade union or employers’ organisation is registered. Section 31(2) No person shall be an official of more than one trade union or employer’s organisation. Section 31(3) An official of a trade union may also be an official of a federation of trade unions to which the trade union is affiliated. Section 31(4)(a) the general secretary of a trade union or the chief executive or association secretary of an employers’ organisation may be a person not engaged or employed in the sector concerned; Section 31(4)(b) a person may be an official of more than one employer’s organisation; and Section 31(4)(c) the Registrar may, on application by a trade union or employers’ organisation, permit any other office to be filled by a person not engaged or employed in the sector concerned. Section 31(5) No person who has been convicted of a criminal offence involving fraud or dishonesty shall be an official of a trade union or employer’s organisation.

Section 31Verify source

§ 32OFFICIALS AND MEMBERS OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 32. Membership of minorsProvision

Minors who are members of a trade union shall enjoy all the rights of a member, unless the constitution provides otherwise.

Section 32. Membership of minors Section a trade union and, unless the constitution provides otherwise, shall enjoy all the rights of a member; and

Section 32Verify source

§ 33OFFICIALS AND MEMBERS OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 33. Voting members of trade unionProvision

Section 33. Voting members of trade union Section a trade union unless that person is employed in the sector for which the trade union is registered;

Section 33Verify source

§ 34OFFICIALS AND MEMBERS OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 34. Election of officialsProvision

Section 34 sets rules for election of officials of trade unions, employers’ organisations and federations, including that elections follow registered constitutions and that the Registrar may issue directions to ensure compliance.

Section 34. Election of officials Section 34(1) The election of officials of a trade union, employers’ organisation or federation shall be conducted in accordance with their registered constitutions. Section 34(2)(a) not contain a provision that discriminates unfairly between incumbents and other candidates in elections; and Section 34(2)(b) provide for the election, by secret ballot, of all officials of a trade union at least once every five years. Section 34(3) Notice of the election of officials under this section shall be given to the Registrar in the prescribed form within fourteen days of the completion of the election. Section 34(4) Disputes arising from, or connected directly or indirectly to, elections held under this section may be referred to the Industrial Court. Section 34(5) The Registrar may issue directions to a trade union, employers’ organisation or federation to ensure that elections are conducted in accordance with this section and their respective constitutions.

Section 34Verify source

§ 35OFFICIALS AND MEMBERS OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS - 35. Notification of officialsProvision

The Registrar must register changes of officials after required notice and may require evidence or refuse registration; unregistered persons must not act as officials.

Section 35. Notification of officials Section 35(1)(a) in its registered office, a notice giving the names of all officials and their titles; Section 35(1)(b) in every branch office the notice specified in paragraph (a) and in addition, a notice giving the names and titles of the officials of the branch. Section 35(2) Notice of any changes of officials or of the title of any officials shall be submitted to the Registrar in Form Q set out in the Second Schedule, within fourteen days after the change, together with the prescribed fee, and the Registrar shall register the change, subject to subsections (4) and (5). Section 35(3) Before registering any change of officials or correcting any register, the Registrar may require the production of any relevant evidence of the change. Section 35(4) If, after inquiry, the Registrar is not satisfied as to the validity of any appointment or the propriety of any proposed correction, the Registrar may refuse to register the change of officials or to correct the register. Section 35(5) No change of officials shall have effect until it is registered by the Registrar. Section 35(6) No person who is not registered by the Registrar in accordance with this section shall act or purport to act as an official of a trade union, employers’ organisation, or federation or of any branch.

Section 35Verify source

Part IX

ADJUDICATION OF DISPUTES

§ 73ADJUDICATION OF DISPUTES - 73. Referral of dispute to Industrial CourtProvision

If a trade dispute is not resolved after conciliation, a party may refer it to the Employment and Labour Relations Court; special rules apply for aggrieved parties, essential services, and authorised representatives.

Section 73. Referral of dispute to Industrial Court Section 73(1) If a trade dispute is not resolved after conciliation, a party to the dispute may refer it to the Employment and Labour Relations Court in accordance with the rules of the Industrial Court. Section 73(2)(a) is one in respect of which a party may call a protected strike or lock-out, the dispute may only be referred to the Employment and Labour Relations Court by an aggrieved party that has made a demand in respect of an employment matter or the recognition of a trade union which has not been acceded to by the other party to the dispute; or Section 73(2)(b) is in an essential service, the Cabinet Secretary may, in addition, refer the dispute to the Employment and Labour Relations Court. Section 73(3) A trade dispute may only be referred to the Employment and Labour Relations Court by the authorised representative of an employer, group of employers, employers’ organisation or trade union.

Section 73Verify source

§ 74ADJUDICATION OF DISPUTES - 74. Urgent referrals to Employment and Labour Relations CourtProvision

Urgent referrals to Employment and Labour Relations Court

Section 74. Urgent referrals to Employment and Labour Relations Court Section the recognition of a trade union in accordance with section 62 ; or

Section 74Verify source

§ 75ADJUDICATION OF DISPUTES - 75. Arbitration Act does not to applyProvision

The Arbitration Act (Cap. 49) does not apply to proceedings before the Employment and Labour Relations Court.

Section 75. Arbitration Act does not to apply Section The Arbitration Act (Cap. 49) shall not apply to any proceedings before the Employment and Labour Relations Court.

Section 75Verify source

Part V

PROPERTY, FUNDS AND ACCOUNTS OF TRADE UNIONS, EMPLOYERS’ ORGANISATIONS AND FEDERATIONS

§ 36PROPERTY, FUNDS AND ACCOUNTS OF TRADE UNIONS, EMPLOYERS’ ORGANISATIONS AND FEDERATIONS - 36. TrusteesProvision

Section 36(2) allows officers, officials or members of a trade union, employers’ organisation or federation to be trustees (subject to section 35); Section 36(3) prohibits persons convicted of crimes involving fraud or dishonesty from being trustees; Section 36(4) requires persons appointed as trustees to comply with the duties and responsibilities in the Trustees (Perpetual Succession) Act (Cap. 164).

Section 36. Trustees Section 36(1)(a) for the appointment or election of at least three trustees; and Section 36(1)(b) for the filling of any vacancy in the office of a trustee to ensure that there are at least three trustees at all times. Section 36(2) Subject to section 35 , any officer, official or member of a trade union, employers’ organisation or federation may be a trustee. Section 36(3) No person who has been convicted of a crime involving fraud or dishonesty shall be a trustee. Section 36(4) Any person appointed as a trustee under this section shall comply with the duties and responsibilities of a trustee specified in the Trustees (Perpetual Succession) Act ( Cap. 164 ).

Section 36Verify source

§ 37PROPERTY, FUNDS AND ACCOUNTS OF TRADE UNIONS, EMPLOYERS’ ORGANISATIONS AND FEDERATIONS - 37. Property to be vested in trusteesProvision

All property of a registered trade union, employers’ organisation or federation vests in its trustees for the use and benefit of the organisation and its members; the Cabinet Secretary may, with consent and by Gazette notice, authorize transfer of specified property to others or for public purposes, subject to prescribed limits.

Section 37. Property to be vested in trustees Section 37(1) All property, whether movable or immovable, of a registered trade union, employers’ organisation or federation shall vest in its trustees for the use and benefit of the trade union, employers’ organisation or federation and its members. Section 37(2) The Cabinet Secretary may, with the consent of the trade union, employers’ organisation or federation concerned and by notice in the Gazette , authorize the transfer of specified property of that trade union, employers’ organisation or federation to persons other than its trustees, or for public purposes, other than the use of the trade union, employer’s organisation or federation and its members, which the Cabinet Secretary may prescribe.

Section 37Verify source

§ 38PROPERTY, FUNDS AND ACCOUNTS OF TRADE UNIONS, EMPLOYERS’ ORGANISATIONS AND FEDERATIONS - 38. Devolution of propertyProvision

When the office of any trustee changes, the property of a registered trade union, employers’ organisation or federation automatically vests in the current trustees for the same estate and interest and remains subject to the same trusts without any transfer or assignment.

Section 38. Devolution of property Section Upon any change in the office of any trustee, the property of a registered trade union, employers’ organisation or federation shall vest in the trustees for the time being of the union for the same estate and interest as the former trustee or trustees had therein, and subject to the same trusts, without any transfer, conveyance or assignment.

Section 38Verify source

§ 39PROPERTY, FUNDS AND ACCOUNTS OF TRADE UNIONS, EMPLOYERS’ ORGANISATIONS AND FEDERATIONS - 39. Application of fundsProvision

Provides for the payment of salaries, allowances and expenses to its officials.

Section 39. Application of funds Section the payment of salaries, allowances and expenses to its officials;

Section 39Verify source

§ 40PROPERTY, FUNDS AND ACCOUNTS OF TRADE UNIONS, EMPLOYERS’ ORGANISATIONS AND FEDERATIONS - 40. Prohibition of payment of fines or penaltiesOffence

The funds of a trade union, employers’ organisation or federation must not be used, directly or indirectly, to pay fines or penalties imposed on a person by a court, except fines or penalties imposed on the union or federation under this Act or its regulations.

Section 40. Prohibition of payment of fines or penalties Section The funds of a trade union, employers’ organisation or federation shall not be used, either directly or indirectly, to pay the whole or part of a fine or penalty imposed upon a person by sentence or order of any court, except a fine or penalty imposed upon the union or federation under this Act or its regulations.

Section 40Verify source

§ 41PROPERTY, FUNDS AND ACCOUNTS OF TRADE UNIONS, EMPLOYERS’ ORGANISATIONS AND FEDERATIONS - 41. Injunction to restrain misuse of fundsProvision

The Employment and Labour Relations Court may grant an injunction to restrain unauthorized or unlawful expenditure of funds of a trade union, employer’s organisation or federation, on application by the Registrar or by five or more persons with sufficient interest; if cancelling registration when granting an injunction the court may order those funds paid to the public trustee for disposal according to the body's rules.

Section 41. Injunction to restrain misuse of funds Section 41(1) The Employment and Labour Relations Court may grant an injunction restraining unauthorized or unlawful expenditure of the funds of a trade union, employer’s organisation or federation on application by the Registrar, or by five or more persons having a sufficient interest in the relief sought. Section 41(2) If, when granting an injunction under this section the Employment and Labour Relations Court cancels the registration of a trade union, employers’ organisation or federation, the court may order that the funds of that trade union, employer’s organisation or federation be paid to the public trustee for disposal in accordance with the rules of that trade union, employer’s organisation or federation.

Section 41Verify source

§ 42PROPERTY, FUNDS AND ACCOUNTS OF TRADE UNIONS, EMPLOYERS’ ORGANISATIONS AND FEDERATIONS - 42. Treasurer to render accountsProvision

An official (the treasurer or other officer responsible for funds) must render accounts (in Form R) at specified times or when requested, verify them by statutory declaration, have them audited by a qualified auditor, and after audit hand over funds and property; willfully making false entries is prohibited.

Section 42. Treasurer to render accounts Section 42(1) In this section, "official" means the treasurer of a trade union, employers’ organisation or federation and every other official responsible for the accounts of a trade union, employers’ organisation or federation for collecting, disbursing, keeping in custody or controlling its funds or moneys. Section 42(2)(a) upon resigning or vacating office; Section 42(2)(a)(i) upon resigning or vacating office; Section 42(2)(a)(ii) at least once in every year at such time as may be specified by the rules of the trade union, employers’ organisation or federation; and Section 42(2)(a)(iii) at any other time required by a resolution of the members of the trade union, employers’ organisation or federation or by its rules; Section 42(2)(b) to the Registrar, when requested by the Registrar. Section 42(3)(a) all amounts received or paid by the official since assuming office or, if the official has previously rendered an account, since the date of the last account; Section 42(3)(b) the balance remaining in the possession of the official at the time of rendering the account; and Section 42(3)(c) all bonds, securities or other property of the trade union, employers’ organisation or federation entrusted to the custody of, or under the control of the official. Section 42(4) An account rendered under this section shall be in the Form R set out in the Third Schedule. Section 42(5) The account rendered under this section shall be verified by statutory declaration, and shall be audited by the holder of a practising certificate issued pursuant to section 21 of the Accountants Act (Cap. 531). Section 42(6) After the account has been audited, the official shall, if resigning, vacating office or if required by the trustees to do so, forthwith hand over to the trustees of the trade union, employer’s organisation or federation any balance in the official’s possession and all bonds securities, effects, books, papers and property of the trade union, employer’s organisation or federation in the official’s possession or custody or otherwise under the official’s control. Section 42(7)(a) neglects or fails to comply with any of the provisions of this section; or Section 42(7)(b) willfully makes, orders, causes or procures to be made any false entry in or omission from an account rendered in terms of this section,

Section 42Verify source

§ 43PROPERTY, FUNDS AND ACCOUNTS OF TRADE UNIONS, EMPLOYERS’ ORGANISATIONS AND FEDERATIONS - 43. Annual returnsOffence

Trade unions, employers’ organisations and federations must prepare annual statements listing donations, assistance, and assets/liabilities; the statement must be accompanied by an auditor’s report in prescribed form; members may request a free copy; making false entries or failing to comply is an offence.

Section 43. Annual returns Section 43(1)(a) all sums of money received by way of donations or grants from any local or overseas sources; Section 43(1)(b) a list of assistance received from any sources; and Section 43(1)(c) a list of the assets and liabilities of the trade union as at 31st December. Section 43(2) The statement specified under subsection (1) shall be accompanied by a copy of the auditor’s report and shall be prepared in such form and contain such particulars as may be prescribed. Section 43(3)(a) an inventory of the trade union or organisation’s assets; Section 43(3)(b) a copy of the rules in force, including all alterations and amendments to the rules, and of all new rules; and Section 43(3)(c) a list of all changes of officials during the preceding year. Section 43(4) Every member of a trade union, employers’ organisation or federation is entitled to receive, free of charge on request, a copy of the general statement referred to in subsection (1). Section 43(5)(a) fails to comply with any of the requirements of this section; Section 43(5)(b) willfully makes or orders, causes or procures to be made a false entry in or omission from a general statement, copy or list delivered to the Registrar in terms of this section,

Section 43Verify source

§ 44PROPERTY, FUNDS AND ACCOUNTS OF TRADE UNIONS, EMPLOYERS’ ORGANISATIONS AND FEDERATIONS - 44. Inspection of accounts and recordsProvision

Section 44 concerns inspection of accounts and records by an official or member of a trade union, employers’ organisation or federation at times specified in its constitution.

Section 44. Inspection of accounts and records Section an official or member of a trade union, employers’ organisation or federation at such times as may be specified in its constitution; and

Section 44Verify source

§ 45PROPERTY, FUNDS AND ACCOUNTS OF TRADE UNIONS, EMPLOYERS’ ORGANISATIONS AND FEDERATIONS - 45. Obstructing inspection by RegistrarOffence

A person must not obstruct or impede the Registrar (or a person authorized by the Registrar) from inspecting a trade union, employers’ organisation or federation's accounts or its list of members.

Section 45. Obstructing inspection by Registrar Section A person who obstructs or impedes the Registrar, or any person authorized by the Registrar, from inspecting the accounts of a trade union, employers’ organisation or federation or the list of its members commits an offence.

Section 45Verify source

§ 46PROPERTY, FUNDS AND ACCOUNTS OF TRADE UNIONS, EMPLOYERS’ ORGANISATIONS AND FEDERATIONS - 46. Power to require detailed accountsOffence

The Registrar may require treasurers, executives/management boards or other officials of trade unions or employers’ organisations to provide detailed accounts of their funds; failing to comply is an offence.

Section 46. Power to require detailed accounts Section 46(1) The Registrar may, at any time, call upon the treasurer, the executive or management board by whatever name called, or any other official of a trade union or employers’ organisation to render detailed accounts of its funds or the funds of any branch for any period, in the manner and containing such information as the Registrar may require. Section 46(2) A person who fails to comply with a request made by the Registrar under subsection (1) commits an offence.

Section 46Verify source

§ 47PROPERTY, FUNDS AND ACCOUNTS OF TRADE UNIONS, EMPLOYERS’ ORGANISATIONS AND FEDERATIONS - 47. Misuse of money or property of a trade unionProvision

An authorised decision-maker may order a person who has union property in their possession or who has unlawfully expended or withheld union money to deliver the property or pay the money to the trustees, and may suspend an official who contravenes that rule.

Section 47. Misuse of money or property of a trade union Section 47(1)(a) order any person who has in his possession or control any property of a trade union, employers’ organisation or federation in violation of its rules or who has unlawfully expended or withheld its moneys, to deliver that property or pay that money to its trustees; and Section 47(1)(b) suspend any official who contravenes paragraph (a). Section 47(2)(a) the Registrar; or Section 47(2)(b) a member of a trade union, employers’ organisation or federation at the time of bringing the complaint of the trade union or employers’ organisation concerned.

Section 47Verify source

Part VI

TRADE UNION DUES, AGENCY FEES AND EMPLOYERS’ ORGANISATION FEES

§ 48TRADE UNION DUES, AGENCY FEES AND EMPLOYERS’ ORGANISATION FEES - 48. Deduction of trade union duesCommencement

Employers ordered by the Cabinet Secretary must start deducting trade union dues from employees’ wages within thirty days after a Form S notice signed by affected employees is served; employers must not deduct from employees who have given written resignation notices and must forward such resignation notices to the union; the Cabinet Secretary may vary such orders.

Section 48. Deduction of trade union dues Section 48(1) In this Part "trade union dues" means a regular subscription required to be paid to a trade union by a member of the trade union as a condition of membership. Section 48(2)(a) deduct trade union dues from the wages of its members; and Section 48(2)(b) into a specified account of the trade union; or Section 48(2)(b)(i) into a specified account of the trade union; or Section 48(2)(b)(ii) in specified proportions into specified accounts of a trade union and a federation of trade unions. Section 48(3) An employer in respect of whom the Cabinet Secretary has issued an order under subsection (2) shall commence deducting the trade union dues from an employee’s wages within thirty days of the trade union serving a notice in Form S set out in the Third Schedule signed by the employees in respect of whom the employer is required to make a deduction. Section 48(4) The Cabinet Secretary may vary an order issued under this section on application by the trade union. Section 48(5) An order issued under this section, including an order to vary, revoke or suspend an order, takes effect from the month following the month in which the notice is served on the employer. Section 48(6) An employer may not make any deduction from an employee who has notified the employer in writing that the employee has resigned from the union. Section 48(7) A notice of resignation referred to in subsection (6) takes effect from the month following the month in which it is given. Section 48(8) An employer shall forward a copy of any notice of resignation he receives to the trade union.

Section 48Verify source

§ 49TRADE UNION DUES, AGENCY FEES AND EMPLOYERS’ ORGANISATION FEES - 49. Deduction of agency fees from unionisable employees covered by collective agreementsCommencement

A registered trade union may ask the Cabinet Secretary to order employers covered by a collective agreement to deduct agency fees from non‑member unionisable employees; employers must begin deductions within thirty days of the Cabinet Secretary’s notice; the Cabinet Secretary may vary such orders.

Section 49. Deduction of agency fees from unionisable employees covered by collective agreements Section 49(1) A trade union that has concluded a collective agreement registered by the Employment and Labour Relations Court with an employer, group of employers or an employers’ organisation, setting terms and conditions of service for all unionisable employees covered by the agreement may request the Cabinet Secretary to issue an order requiring any employer bound by the collective agreement to deduct an agency fee from the wages of each unionisable employee covered by the collective agreement who is not a member of the trade union. Section 49(2)(a) be signed by the authorized representatives of the trade union and employer, group of employers or employers’ organisation; Section 49(2)(b) supply a list of all employees prepared by the employer in respect of whom a deduction shall be made; Section 49(2)(c) specify the amount of the agency fee, which may not exceed the applicable trade union dues; and Section 49(2)(d) specify the trade union account into which the dues shall be paid. Section 49(3) An employer in respect of whom the Cabinet Secretary has issued an order as specified in subsection (1) shall commence deducting agency fees from the employees named in the Cabinet Secretary’s notice within thirty days of receiving the Cabinet Secretary’s notice. Section 49(4) The Cabinet Secretary may vary an order issued under this section on application by the trade union and the employer, group of employers or employers’ organisation concerned. Section 49(5) A member of a trade union covered by a collective agreement contemplated by subsection (1) who resigns from the union, is immediately liable to have an agency fee deducted from his wages in accordance with this section. Section 49(6) If a collective agreement is implemented retrospectively after registration by the Industrial Court, the agency fee shall be deducted and paid to the trade union for the period of retrospective implementation in accordance with this section.

Section 49Verify source

§ 50TRADE UNION DUES, AGENCY FEES AND EMPLOYERS’ ORGANISATION FEES - 50. General provisions applicable to deductionsOffence

Sets rules for deductions for trade union and employers’ organisation fees: timing for payment into designated accounts, an acknowledgement obligation for unions, limits on deductions and recovery, a set-off permission for employers, and an offence for contravention.

Section 50. General provisions applicable to deductions Section 50(1) Any amount deducted in accordance with the provisions of this Part shall be paid into the designated trade union, or employers’ organisation account within ten days of the deduction being made. Section 50(2)(a) the order was obtained by misrepresentation or fraud; Section 50(2)(b) the money is not being paid into the designated account; or Section 50(2)(c) the money is being used for a purpose other than the lawful trade union or federation activities. Section 50(3) No amount deducted from the wages of an employee in accordance of this Part may be recovered from the employer by that employee. Section 50(4) Any amount deducted from the wages of a member of a trade union by the member’s employer in accordance with this section discharges the liability of the member to pay trade union dues. Section 50(5) An employer may set off against any sum payable to a trade union in accordance with this section, the amount of any money over paid by the employer into the account designated by the Cabinet Secretary. Section 50(6) No employer shall make a deduction from the wages of an employee for the purposes of making a payment to any trade union, except in accordance with the provisions of this Part. Section 50(7) A trade union or a trade union federation shall acknowledge receipt of any monies paid to it within fourteen days of receiving the money. Section 50(8)(a) fail to comply with an order or a notice issued under this Part; Section 50(8)(b) deduct any money and not pay it to a trade union; or Section 50(8)(c) pay money into an account other than the account designated in the notice issued by the Cabinet Secretary. Section 50(9)(a) request an employer to pay money deducted in accordance with this section into an account other than the account designated by the Cabinet Secretary in the notice; or Section 50(9)(b) use any money deducted in accordance with this section for any purpose other than the lawful activities of a trade union or a trade union federation. Section 50(10) An employer or any person who contravenes the provisions of this section commits an offence. [Act No. 18 of 2018 , Sch.]

Section 50Verify source

§ 51TRADE UNION DUES, AGENCY FEES AND EMPLOYERS’ ORGANISATION FEES - 51. Collection of levies other than trade union duesProvision

The Cabinet Secretary may make regulations to allow employers to collect levies, subscriptions or payments from employees and pay them to trade unions and trade union federations, excluding trade union dues, for purposes approved by the Cabinet Secretary.

Section 51. Collection of levies other than trade union dues Section The Cabinet Secretary may make regulations providing for the collection from employees and the payment to trade unions and trade union federations by employers of sums in respect of levies, subscriptions or payments, other than trade union dues, for particular purposes or objects approved by the Cabinet Secretary.

Section 51Verify source

§ 52TRADE UNION DUES, AGENCY FEES AND EMPLOYERS’ ORGANISATION FEES - 52. Direct payment of trade union duesProvision

A member of a trade union may pay dues, levies, subscriptions or other constitution-authorised payments directly to the trade union.

Section 52. Direct payment of trade union dues Section Nothing in this Part prevents a member of a trade union from paying any dues, levies, subscriptions or other payments authorised by the constitution of the trade union directly to the trade union.

Section 52Verify source

§ 53TRADE UNION DUES, AGENCY FEES AND EMPLOYERS’ ORGANISATION FEES - 53. Payments by members to employers’ organisationsProvision

Members must pay subscriptions or levies as a condition of their membership of the employers’ organisation.

Section 53. Payments by members to employers’ organisations Section pay subscriptions or levies as a condition of their membership of the employers’ organisation; and

Section 53Verify source

Part VII

RECOGNITION OF TRADE UNIONS AND COLLECTIVE AGREEMENTS

§ 54RECOGNITION OF TRADE UNIONS AND COLLECTIVE AGREEMENTS - 54. Recognition of trade union by employerProvision

Employers (including public sector employers) and employer groups must recognise a trade union for collective bargaining if it represents a simple majority of unionisable employees; recognised parties must record the recognition in a written agreement; the Cabinet Secretary may publish a model agreement; disputes may be referred to conciliation and, if unresolved, to the Employment and Labour Relations Court under a certificate of urgency.

Section 54. Recognition of trade union by employer Section 54(1) An employer, including an employer in the public sector, shall recognise a trade union for purposes of collective bargaining if that trade union represents the simple majority of unionisable employees. Section 54(2) A group of employers, or an employers’ organisation, including an organisation of employers in the public sector, shall recognise a trade union for the purposes of collective bargaining if the trade union represents a simple majority of unionisable employees employed by the group of employers or the employers who are members of the employers’ organisation within a sector. Section 54(3) An employer, a group of employers or an employer’s organisation referred to in subsection (2) and a trade union shall conclude a written recognition agreement recording the terms upon which the employer or employers’ organisation recognises a trade union. Section 54(4) The Cabinet Secretary may, after consultation with the Board, publish a model recognition agreement. Section 54(5) An employer, group of employers or employers’ association may apply to the Board to terminate or revoke a recognition agreement. Section 54(6) If there is a dispute as to the right of a trade union to be recognised for the purposes of collective bargaining in accordance with this section or the cancellation of recognition agreement, the trade union may refer the dispute for conciliation in accordance with the provisions of Part VIII. Section 54(7) If the dispute referred to in subsection (6) is not settled during conciliation, the trade union may refer the matter to the Employment and Labour Relations Court under a certificate of urgency. Section 54(8) When determining a dispute under this section, the Employment and Labour Relations Court shall take into account the sector in which the employer operates and the model recognition agreement published by the Cabinet Secretary.

Section 54Verify source

§ 55RECOGNITION OF TRADE UNIONS AND COLLECTIVE AGREEMENTS - 55. Election of trade union representativesProvision

Trade union members in a workplace are entitled to elect trade union representatives from among themselves in accordance with the trade union's constitution.

Section 55. Election of trade union representatives Section 55(1) Without limiting the matters that may be dealt with in a recognition agreement, a recognition agreement shall provide for trade union members in a workplace to elect from among themselves trade union representatives in accordance with the constitution of the trade union. Section 55(2)(a) represent members in grievance and disciplinary hearings at the workplace; and Section 55(2)(b) perform any other functions specified in the recognition agreement or constitution of the trade union.

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§ 56RECOGNITION OF TRADE UNIONS AND COLLECTIVE AGREEMENTS - 56. Trade union access to employer’s premisesProvision

Section 56 lists specific activities connected to trade union access to employer’s premises, allows conditions for access, and permits referral of disputes to the Employment and Labour Relations Court.

Section 56. Trade union access to employer’s premises Section 56(1)(a) recruiting members for the trade union; Section 56(1)(b) holding meetings with members of the trade union and other employees outside of working hours; Section 56(1)(c) representing members of the trade unions in dealings with the employer; and Section 56(1)(d) conducting ballots in accordance with the constitution of the trade union. Section 56(2)(a) impose reasonable conditions as to the time and place of any rights granted in this section to avoid undue disruption of operations or in the interest of safety; and Section 56(2)(b) require officials or trade union representatives requesting access to provide proof of their identity and credentials. Section 56(3) Any dispute concerning the granting of access, or the conditions upon which access is to be granted, may be referred to the Employment and Labour Relations Court under a certificate of urgency.

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§ 57RECOGNITION OF TRADE UNIONS AND COLLECTIVE AGREEMENTS - 57. Collective agreementsProvision

Employers that have recognised a trade union must conclude a collective agreement covering unionisable employees and must disclose relevant information to the union for negotiations; that information is confidential with specified exceptions; disputes may be referred to the Cabinet Secretary and then to the Employment and Labour Relations Court, which may order withdrawal of disclosure rights.

Section 57. Collective agreements Section 57(1) An employer, group of employers or an employers’ organisation that has recognised a trade union in accordance with the provisions of this Part shall conclude a collective agreement with the recognised trade union setting out terms and conditions of service for all unionisable employees covered by the recognition agreement. Section 57(2) For the purpose of conducting negotiations under subsection (1), an employer shall disclose to a trade union all relevant information that will allow the trade union to effectively negotiate on behalf of employees. Section 57(3) All the information disclosed by an employer as specified in subsection (2) is confidential and shall not be disclosed by any person to a person who is not engaged in the negotiations. Section 57(4)(a) is legally privileged; Section 57(4)(b) the employer cannot disclose without contravening a prohibition imposed on the employer by any law or an order of any court; Section 57(4)(c) if disclosed, may cause substantial harm to the employer or employee; or Section 57(4)(d) is private personal information relating to an employee, unless an employee consents to the disclosure of that information. Section 57(5) If there is a dispute about what information is required to be disclosed in accordance with the provisions of this section, any party to the dispute may, in writing, refer the dispute to the Cabinet Secretary for conciliation. Section 57(6) If a dispute remains unresolved, after it has been referred to the Cabinet Secretary under subsection (5), any party to the dispute may refer the dispute to the Employment and Labour Relations Court under a certificate of urgency. Section 57(7) In any dispute about an alleged breach of confidentiality, the Employment and Labour Relations Court may order that the right to disclosure of information be withdrawn for a period specified by the court. Section 57(8) No person shall disclose any confidential information disclosed under this section to a person who is not a party to those negotiations.

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§ 58RECOGNITION OF TRADE UNIONS AND COLLECTIVE AGREEMENTS - 58. Alternative dispute resolutionProvision

Section 58 provides for conciliation and arbitration of trade disputes identified in a collective agreement by independent and impartial conciliators or arbitrators appointed by agreement between the parties; it also says a party that has referred a dispute to conciliation under such an agreement is not required to refer it to the Cabinet Secretary, allows the Employment and Labour Relations Court to set aside an arbitration award on any recognised legal ground, and requires review applications to that Court within thirty days of an award.

Section 58. Alternative dispute resolution Section 58(1)(a) the conciliation of any category of trade disputes identified in the collective agreement by an independent and impartial conciliator appointed by agreement between the parties; and Section 58(1)(b) the arbitration of any category of trade disputes identified in the collective agreement by an independent and impartial arbitrator appointed by the agreement between the parties. Section 58(2) A party that has referred a dispute to conciliation in terms of an agreement contemplated in subsection (1) is not required to refer it to the Cabinet Secretary for conciliation. Section 58(3)(a) is subject to appeal on points of law to any court; Section 58(3)(b) may be set aside by the Employment and Labour Relations Court on any ground recognised in law; or Section 58(3)(c) may be enforced by the Industrial Court. Section 58(4) An application to review an arbitration award shall be made to the Employment and Labour Relations Court within thirty days of the award.

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§ 59RECOGNITION OF TRADE UNIONS AND COLLECTIVE AGREEMENTS - 59. Effect of collective agreementsCommencement

Section 59 states who collective agreements bind (parties, certain employees, and employers who are members of employers’ organisations), identifies authorised signatories, says agreements remain binding on parties at commencement (including resigned members), requires terms to be incorporated into covered employees’ contracts, and makes enforceability contingent on registration by the Employment and Labour Relations Court.

Section 59. Effect of collective agreements Section 59(1)(a) the parties to the agreement; Section 59(1)(b) all unionisable employees employed by the employer, group of employers or members of the employers’ organisation party to the agreement; or Section 59(1)(c) the employers who are or become members of an employers’ organisation party to the agreement, to the extent that the agreement relates to their employees. Section 59(2) A collective agreement shall continue to be binding on an employer or employees who were parties to the agreement at the time of its commencement and includes members who have resigned from that trade union or employers’ association. Section 59(3) The terms of the collective agreement shall be incorporated into the contract of employment of every employee covered by the collective agreement. Section 59(4)(a) the chief executive officer of any employer, the chief executive or national secretary of an employers’ organisation that is a party to the agreement or a representative designated by that person; and Section 59(4)(b) the general secretary of any trade union that is a party to the agreement or a representative designated by the general secretary. Section 59(5) A collective agreement becomes enforceable and shall be implemented upon registration by the Employment and Labour Relations Court and shall be effective from the date agreed upon by the parties.

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§ 60RECOGNITION OF TRADE UNIONS AND COLLECTIVE AGREEMENTS - 60. Registration of collective agreementAmendment

Section 60. Registration of collective agreement Section 60(1) Every collective agreement shall be submitted to the Employment and Labour Relations Court for registration within fourteen days of its conclusion. Section 60(2) The employer or employer’s organisation which is party to an agreement to be registered under this section shall submit the agreement to the Employment and Labour Relations Court for registration. Section 60(3) If an employer or employers’ organisation fails to submit the collective agreement to the Employment and Labour Relations Court as specified in subsection (1), the trade union may submit it. Section 60(4) The Employment and Labour Relations Court may request the parties to a collective agreement to supply further information or make oral or written representations to it for the purposes of this section. Section 60(5)(a) in the form it was submitted by the parties; or Section 60(5)(b) with any amendment or modification agreed to by the parties. Section 60(6)(a) conflicts with this Act or any other law; or Section 60(6)(b) does not comply with any directives or guidelines concerning wages, salary levels and other conditions of employment issued by the Cabinet Secretary. Section 60(7)(a) may register a collective agreement within fourteen days of receiving it; Section 60(7)(b) may refuse to register a collective agreement unless all parties to the agreement have had an opportunity to make oral representations to the Industrial Court; and Section 60(7)(c) shall give reasons for refusing to register any collective agreement.

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§ 61Section 61 — RECOGNITION OF TRADE UNIONS AND COLLECTIVE AGREEMENTS - 61. Terms and conditions of service in the public sector where there is no collective bargainingProvision

The Cabinet Secretary may, after consulting the Board, make regulations to establish machinery to determine terms and conditions of employment for any category of public sector employees.

Section 61. Terms and conditions of service in the public sector where there is no collective bargaining Section 61(1) The Cabinet Secretary may, after consultations with the Board, make regulations establishing machinery for determining terms and conditions of employment for any category of employees in the public sector. Section 61(2) The terms and conditions of employment determined under subsection (1) shall have the same effect as a collective agreement registered under this Part and may be enforced as if it were a collective agreement. Section 61(3)(a) determine different terms and conditions for different categories of employees; or Section 61(3)(b) not exercise the powers under this section in respect of a category of employees who are represented by a trade union that is entitled to be recognised in terms of this Part.

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Part VIII

DISPUTE RESOLUTION

§ 62DISPUTE RESOLUTION - 62. Reporting of trade disputes to the Cabinet SecretaryProvision

Section 62 describes who may report a trade dispute to the Cabinet Secretary, a time limit for reporting, that a trade union may report redundancy disputes after notice is given, and that such reporting does not prevent an employer from declaring redundancies on expiry of notice.

Section 62. Reporting of trade disputes to the Cabinet Secretary Section 62(1)(a) by or on behalf of a trade union, employer or employers’ organisation that is a party to the dispute; and Section 62(1)(b) by the authorised representative of an employer, employers’ organisation or trade union on whose behalf the trade dispute is reported. Section 62(2)(a) serve a copy by hand or registered post on each party to the dispute and any other person having a direct interest in the dispute; and Section 62(2)(b) satisfy the Cabinet Secretary that a copy has been served on each party to the dispute by hand or by registered post. Section 62(3)(a) ninety days of the dismissal; or Section 62(3)(b) any longer period that the Cabinet Secretary, on good cause, permits. Section 62(4) If the issue in dispute concerns the redundancy of one or more employees, a trade union may report a trade dispute to the Cabinet Secretary at any stage after the employer has given notice of its intention to terminate the employment of any employee on grounds of redundancy. Section 62(5) The reporting of a trade dispute by a trade union under subsection (4) does not prevent an employer from declaring employees redundant on the expiry of notice of intention to declare the employees redundant.

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§ 63DISPUTE RESOLUTION - 63. Respondent may file replying statementProvision

Every party to a trade dispute referred to in section 62 must file a replying statement in the prescribed form and manner with the Cabinet Secretary within fourteen days of receiving a copy of the report of the dispute; the section also states that the respondent may file a replying statement and that failure to file does not affect validity of the referral.

Section 63. Respondent may file replying statement Section 63(1) Every party to a trade dispute referred to in section 62 shall file a replying statement in the prescribed form and manner with the Cabinet Secretary within fourteen days of receiving a copy of the report of the dispute. Section 63(2) The failure by a party to file a replying statement does not affect the validity of a referral.

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§ 64DISPUTE RESOLUTION - 64. Interested party may file statement of interestProvision

Any party with an interest in a dispute may file a statement of interest with the Cabinet Secretary within fourteen days of receiving a copy of the referral.

Section 64. Interested party may file statement of interest Section Any party which has an interest in any dispute may file a statement with the Cabinet Secretary within fourteen days of receiving a copy of the referral.

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§ 65DISPUTE RESOLUTION - 65. Cabinet Secretary to appoint conciliatorsProvision

The section sets rules for appointment of conciliators: the Cabinet Secretary may require parties to supply information, must give written reasons if refusing to appoint as in subsection (1), parties aggrieved may refer the matter to the Employment and Labour Relations Court urgently, and the Cabinet Secretary may consult the Board on reported disputes.

Section 65. Cabinet Secretary to appoint conciliators Section 65(1)(a) the conciliation procedures in an applicable collective agreement binding on the parties to the dispute have not been exhausted; or Section 65(1)(b) a law or collective agreement binding upon the parties prohibits negotiation on the issue in dispute. Section 65(2) The Cabinet Secretary may require any party to a trade dispute to supply further information for the purpose of deciding whether to appoint a conciliator. Section 65(3) If the Cabinet Secretary refuses to appoint a conciliator as specified in subsection (1), the Cabinet Secretary shall supply the parties to the dispute with written reasons for that decision. Section 65(4) Where a party is aggrieved by a Cabinet Secretary’s decision under this section, that party may refer the matter to the Employment and Labour Relations Court under a certificate of urgency. Section 65(5) The Cabinet Secretary may consult the Board on any trade dispute, which has been reported for conciliation.

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§ 66DISPUTE RESOLUTION - 66. Persons appointed to conciliateProvision

Section 66 lists the persons who may be appointed to conciliate, including a public officer, persons from a panel appointed by the Cabinet Secretary after consulting the Board, a conciliator from the Conciliation and Mediation Commission, a chairperson in accordance with subsection (1), an even number of persons drawn equally from lists submitted to the Cabinet Secretary by employer and trade union representatives on the Board, and the secretary of the conciliation committee.

Section 66. Persons appointed to conciliate Section 66(1)(a) a public officer; Section 66(1)(b) any other person drawn from a panel of conciliators appointed by the Cabinet Secretary after consulting the Board; or Section 66(1)(c) a conciliator from the Conciliation and Mediation Commission. Section 66(2)(a) a chairperson in accordance with subsection (1); Section 66(2)(b) an even number of persons drawn equally from lists submitted to the Cabinet Secretary by the employer and trade union representatives respectively on the Board; and Section 66(2)(c) the secretary of the conciliation committee.

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§ 67DISPUTE RESOLUTION - 67. Conciliator’s powers to resolve disputeProvision

The section gives conciliators powers to mediate, investigate and summon persons, and requires persons to comply and the Cabinet Secretary to pay prescribed witness fees.

Section 67. Conciliator’s powers to resolve dispute Section 67(1)(a) thirty days of the appointment; or Section 67(1)(b) any extended period agreed to by parties to the trade dispute. Section 67(2)(a) mediate between the parties; Section 67(2)(b) conduct a fact-finding exercise; and Section 67(2)(c) make recommendations or proposals to the parties for settling the dispute. Section 67(3)(a) summon any person to attend a conciliation; Section 67(3)(b) summon any person who is in possession or control of any information, book, document or object relevant to resolving the trade dispute to appear at the conciliation; or Section 67(3)(c) question any person present at a conciliation. Section 67(4) The Cabinet Secretary shall pay the prescribed witness fee to any person who appears before a conciliator or conciliation committee in response to a summons issued under sub-section (3). Section 67(5)(a) comply with a summons issued under subsection (3); Section 67(5)(b) produce any book, document or item specified in a summons issued under subsection (3); or Section 67(5)(c) answer any relevant question asked by a conciliator or conciliation commission under subsection (3).

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§ 68DISPUTE RESOLUTION - 68. Dispute resolved after conciliationProvision

A signed copy of the agreement shall be lodged with the Cabinet Secretary as soon as it is practicable.

Section 68. Dispute resolved after conciliation Section 68(1)(a) recorded in writing; and Section 68(1)(b) signed by the parties and the conciliator. Section 68(2) A signed copy of the agreement shall be lodged with the Cabinet Secretary as soon as it is practicable.

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§ 69DISPUTE RESOLUTION - 69. Dispute unresolved after conciliationProvision

If a dispute is not resolved by conciliation, the conciliator issues a certificate stating the dispute has not been resolved.

Section 69. Dispute unresolved after conciliation Section conciliator issues a certificate that the dispute has not been resolved by conciliation; or

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§ 70DISPUTE RESOLUTION - 70. Cabinet Secretary may appoint conciliator in public interestProvision

The Cabinet Secretary may appoint a conciliator or conciliation committee if satisfied it is in the public interest to prevent or resolve a dispute.

Section 70. Cabinet Secretary may appoint conciliator in public interest Section 70(1) If the Cabinet Secretary is satisfied that it is in the public interest to prevent a dispute from arising or to resolve a dispute, the Cabinet Secretary may appoint a conciliator or conciliation committee to attempt to present a dispute or resolve the dispute. Section 70(2)(a) has not been referred to conciliation; or Section 70(2)(a)(i) has not been referred to conciliation; or Section 70(2)(a)(ii) is unresolved after conciliation; Section 70(2)(b) a trade union is a party to the dispute or not; or Section 70(2)(b)(i) a trade union is a party to the dispute or not; or Section 70(2)(b)(ii) the dispute is in the public or private sector.

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§ 71DISPUTE RESOLUTION - 71. Committee of inquiryProvision

The Cabinet Secretary may appoint a committee of inquiry to investigate any trade dispute and report to the Cabinet Secretary.

Section 71. Committee of inquiry Section The Cabinet Secretary may appoint a committee of inquiry to investigate any trade dispute and report to the Cabinet Secretary.

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§ 72DISPUTE RESOLUTION - 72. Exercise of powers of the Cabinet SecretaryProvision

The Cabinet Secretary may delegate his powers under this Part to the Commissioner for Labour or the Chief Industrial Relations Officer.

Section 72. Exercise of powers of the Cabinet Secretary Section The Cabinet Secretary may delegate his powers under this Part to the Commissioner for Labour or the Chief Industrial Relations Officer.

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Part X

STRIKES AND LOCK-OUTS

§ 76STRIKES AND LOCK-OUTS - 76. Protected strikes and lock-outsProvision

A strike or lock-out is protected if the trade dispute that is the subject of the strike or lock-out concerns terms and conditions of employment or the recognition of a trade union.

Section 76. Protected strikes and lock-outs Section the trade dispute that forms the subject of the strike or lock-out concerns terms and conditions of employment or the recognition of a trade union;

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§ 77STRIKES AND LOCK-OUTS - 77. Powers of Employment and Labour Relations CourtProvision

A party that failed to attend any conciliation meeting may not seek relief under subsection (1)(b); the Employment and Labour Relations Court may direct the parties to engage in further conciliation in good faith when granting relief under subsection (1)(b).

Section 77. Powers of Employment and Labour Relations Court Section 77(1)(a) the strike or lock-out is prohibited under this Part; or Section 77(1)(b) the party that issued the notice has failed to participate in conciliation in good faith with a view to resolving the dispute. Section 77(2) A party that failed to attend any conciliation meeting may not seek relief under subsection (1)(b). Section 77(3) The Employment and Labour Relations Court may, in granting relief in respect of any application made under subsection (1)(b), direct the parties to engage in further conciliation in good faith with a view to resolving the dispute.

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§ 78STRIKES AND LOCK-OUTS - 78. Prohibited strikes or lock-outsProvision

Certain strikes or lock-outs are prohibited.

Section 78. Prohibited strikes or lock-outs Section 78(1)(a) any law, court award or a collective agreement or recognition agreement binding on that person prohibits a strike or lock-out in respect of the issue in dispute; Section 78(1)(b) the subject matter of the strike or lock-out is regulated by a collective agreement or recognition agreement binding on the parties to the dispute; Section 78(1)(c) the parties have agreed to refer the trade dispute to the Employment and Labour Relations Court or to arbitration; Section 78(1)(d) in the case of a dispute concerning the recognition of a trade union, the trade union has referred the matter to the Employment and Labour Relations Court; Section 78(1)(e) this Act; or Section 78(1)(e)(i) this Act; or Section 78(1)(e)(ii) a collective agreement providing for conciliation; Section 78(1)(f) the employer and employees are engaged in an essential service; Section 78(1)(g) the strike or lock-out is not in furtherance of a trade dispute; or Section 78(1)(h) the strike or lock-out constitutes a sympathetic strike or lock-out. Section 78(2)(a) is not a party to the dispute; or Section 78(2)(a)(i) is not a party to the dispute; or Section 78(2)(a)(ii) is not represented by an employer’s organisation that is a party to that dispute; or Section 78(2)(b) to which the employer is not a party; or Section 78(2)(b)(i) to which the employer is not a party; or Section 78(2)(b)(ii) in respect of which the employer is not represented by an employer’s organisation that is a party to dispute.

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§ 79STRIKES AND LOCK-OUTS - 79. Strike or lock-out in compliance with this ActOffence

The section defines "protected strike" and "protected lock-out", prohibits employers from dismissing or disciplining employees for participating in or preparing for a protected strike, states subsections (2),(3) and (4) do not apply to actions that are offences, and provides that employers are not obliged to pay employees for services not rendered during a protected strike or lock-out.

Section 79. Strike or lock-out in compliance with this Act Section 79(1) In this Part, a "protected strike" means a strike that complies with the provisions of this Part and "protected lock-out" means a lock-out that complies with the provisions of this Part. Section 79(2)(a) a protected strike or a protected lock-out; or Section 79(2)(b) any lawful conduct in contemplation or furtherance of a protected strike or a protected lock-out. Section 79(3) An employer may not dismiss or take disciplinary action against an employee for participating in a protected strike or for any conduct in contemplation or furtherance of a protected strike. Section 79(4)(a) participating in a protected strike or a protected lock-out; or Section 79(4)(b) any conduct in furtherance of a protected strike or protected lock-out. Section 79(5) Subsections (2), (3) and (4) do not apply to any action that constitutes an offence. Section 79(6) An employer is not obliged to remunerate an employee for services that the employee does not render during a protected strike or lock-out.

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§ 80STRIKES AND LOCK-OUTS - 80. Strike or lock-out not in compliance with this ActProvision

Employees who participate in a strike are not entitled to payment or other Employment Act benefits for the period they participated; participating employees may be liable to disciplinary action.

Section 80. Strike or lock-out not in compliance with this Act Section 80(1)(a) is liable to disciplinary action; and Section 80(1)(b) is not entitled to any payment or any other benefit under the Employment Act (Cap. 226) during the period the employee participated in the strike. Section 80(2)(a) expelled from any trade union, employers organisation or other body or deprived of any right or benefit as a result of that refusal; or Section 80(2)(b) placed under any disability or disadvantaged, compared to other members or the trade union, employers’ organisation or other body as a result of that refusal. Section 80(3) Any issue concerning whether any strike or lock-out or threatened strike or lock-out complies with the provisions of this Act may be referred to the Employment and Labour Relations Court.

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§ 81STRIKES AND LOCK-OUTS - 81. Essential servicesAmendment

Defines "essential services" as services whose interruption would probably endanger life or public health.

Section 81. Essential services Section 81(1) In this Part "essential services" means a service the interruption of which would probably endanger the life of a person or health of the population or any part of the population. Section 81(2)(a) shall from time to time, amend the list of essential services contained in the Fourth Schedule; and Section 81(2)(b) may declare any other service an "essential service" for the purpose of this section if a strike or lock-out is so prolonged as to endanger the life, person or health of the population or any part of the population. Section 81(3) There shall be no strike or lock-out in an essential service. Section 81(4) Any trade dispute in a service that is listed as or is declared to be an essential service may be adjudicated upon by the Employment and Labour Relations Court. Section 81(5) A collective agreement may provide that any service may be deemed to be an essential service.

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Part XI

MISCELLANEOUS PROVISIONS

§ 82MISCELLANEOUS PROVISIONS - 82. General penaltyOffence

The Employment and Labour Relations Court has jurisdiction over prosecutions under the Act; convicted trade unions, employers’ organisations or federations may be fined up to forty thousand shillings; persons convicted of an offence under the Act may be fined up to ten thousand shillings.

Section 82. General penalty Section 82(1) The Employment and Labour Relations Court has jurisdiction in respect of any prosecution for an offence under this Act. Section 82(2) A trade union, employers’ organisation or federation which is convicted for an offence under this Act shall be liable to pay a fine not exceeding forty thousand shillings. Section 82(3) A person who commits an offence under this Act shall on conviction be liable to a fine not exceeding ten thousand shillings.

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§ 83MISCELLANEOUS PROVISIONS - 83. RegulationsProvision

The Cabinet Secretary may, after consultations with the Board, make regulations on any matter for the better carrying out of the provisions of this Act.

Section 83. Regulations Section The Cabinet Secretary may, after consultations with the Board, make regulations on any matter for the better carrying out of the provisions of this Act.

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