241 Trade Union And Industrial Conciliation

• Author: Ralph Hone
• Pages: #5

CONCILIATION.

CHAPTER 241.

TRADE UNION AND INDUSTRIAL CONCILIATION.

ARRANGEMENT OF SECTIONS.

PART i.

PRELIMINARY.

SECTION.

1. SHORT TITLE.

2. INTERPRETrATION.

3. APPLICATION.

PART II.

THE MINISTER AND THE DEPARTMENT.

4. APPOINTMENT OF MINISTER.

5. LABOUR BOARD.

6. OTHER FUNCTIONS OF THE MINISTER.

7. APPOINTMENT OF CHIEF INDUSTRIAL OFFICER.

8. JOINT ADVISORY COMMITTEE.

PART III.

REGISTRATION OF EMPLOYERS' ORGANISATIONS AND TRADE UNIONS.

9. THE REGISTER.

10. REGISTRATION OF EMPLOYERS' ORGANISATIONS AND TRADE UNIONS.

11. ILLEGAL ACTS BY UNREGISTERED ORGANISATIONS.

12. REGISTERED OFFICE OF EMPLOYERS' ORGANISATIONS AND TRADE UNIONS.

13. PROVISIONS RELATING TO REGISTRATION.

14. GROUNDS OF REFUSAL TO REGISTER.

15. CONSTITUTION OF EMPLOYERS' ORGANISATIONS AND TRADE UNIONS.

16. MISLEADING NAMES.

17. CERTIFICATE OF REGISTRATION.

18. REGULATIONS REGARDING REGISTRATION.

19. VOID REGISTRATION.

20. CANCELLATION OF REGISTRATION.

21. AMENDMENT OF CONSTITUTION OF EMPLOYERS' ORGANISATIONS AND TRADE UNIONS.

22. CHANGE OF NAME OF EMPLOYERS' ORGANISATIONS AND TRADE UNIONS.

23. DISSOLUTION.

24. SUPERVISION OF BALLOTS BY THE CHIEF INDUSTRIAL OFFICER.

25. APPEALS FROM THE CHIEF INDUSTRIAL OFFICER UNDER THIS PART OF THIS ACT.

26. CIRCULATING FALSE COPIES OF CONSTrrITUTIONS.

27. EVIDENCE OF REGISTRATION.

28 PENALTY FOR FAILURE TO SEND NOTICES OR DOCUMENTs.

SECTION.

29. ORGANISATIONS AND UNIONS MAY OWN OR LEASE LAND.

30. PROPERTY OF EMPLOYERS' ORGANISATIONS AND TRADE UNIONS VESTED IN TRUSTEES.

31. ABSENCE OR DISABILITY OF TRUSTEES.

32. ACTIONS IN RESPECT OF PROPERTY OF ORGANISATIONS AND UNIONS.

33. MEMBERSHIP OF MINORS.

34. MEMBER'S NOMINATION OF PAYEE.

35. ANNUAL RETURNS.

36. RECORDS OF EMPLOYERS' ORGANISATIONS AND TRADE UNIONS.

37. OFFICERS' ACCOUNTs.

38. WITHHOLDING ETC.. EFFECTS OF EMPLOYERS' ORGANISATIONS AND TRADE UNIONS.

39. LIABILITY OF TRUSTEES OF ORGANISATIONS AND UNIONS.

40. CHAPTERS 188 AND 184 NOT APPLICABLE.

41. WHEN CONTRACTS OF ORGANISATIONS AND UNIONS NOT ENFORCEABLE.

42. OBJECTS.

43. IMMUNITY FROM CRIMINAL AND CIVIL RESPONSIBILITY.

PART IV.

JOINT INDUSTRIAL COUNCILS.

44. FORMATION OF INDUSTRIAL COUNCILS.

PART V.

WAGES COUNCILS.

45. POWER OF MINISTER TO ESTABLISH WAGES COUNCILS.

46. APPOINTMENT AND CONSTITUTION OF WAGES COUNCILS.

47. FUNCTIONS OF A WAGES COUNCIL.

48. MINIMUM WAGES ORDERS.

49. ENFORCEMENT OF MINIMUM WAGES ORDERS.

50. PERMITS TO INCAPACITATED WORKMEN.

51. COMPUTATION OF REMUNERATION.

52. EMPLOYERS NOT TO RECEIVE PREMIUMS.

53. RECORDS AND NOTICES.

54. PENALTY FOR FALSE RECORDS AND INFORMATION.

55. CRIMINAL LIABILITY OF AGENT AND SPECIAL DEFENCE OPEN TO EMPLOYERS.

PART VI.

LABbUR INSPECTION.

56. APPOINTMENT OF LABOUR INSPECTORS.

57. DUTIES OF LABOUR INSPECTORS.

58. POWERS OF LABOUR INSPECTORS.

59. NOTIFICATION OF PRESENCE.

60. CREDENTIALS.

61. DUTIES OF EMPLOYERS.

62. MANUFACTURING OR COMMERCIAL SECRETS NOT TO BE DIVULGED.

63. OFFICERS NOT TO HAVE AN INTEREST IN UNDERTAKINGS INSPECTED.

64. RECORDS.

65. OFFENCES.

56. REGULATIONS.

PART VII.

CONCILIATION PROCEDURE.

SECTION.

67. TRADE DISPUTES TO BE REPORTED.

68. CONCILIATION PROCEDURE.

69. ARBITRATION.

70. CONSTITUTION AND PROCEEDINGS OF ARBITRATION TRIBUNALS.

71. COURTS OF INQUIRY.

72. REPORTS OF COURTS OF INQUIRY.

PART VIII.

STRIKES AND LOCK-OUTS.

73. STRIKES AND LOCK-OUTS DURING CONCILIATION PERIOD.

74. STRIKES AND LOCK-OUTS IN ESSENTIAL SERVICES.

75. ILLEGAL STRIKES AND LOCK-OUTS.

PART IX.

MAINTENANCE OF LAW AND ORDER AND PROTECTION OF PRIVATE RIGHTS.

76. FREEDOM OF ASSOCIATION.

77. VICrIMISATION.

78. PROTECTION OF PERSONS REFUSING TO TAKE PART IN ILLEGAL TRADE DISPUTES, STRIKES OR LOCK-OUTS.

79. RESTRICTION ON APPLICATION OF FUNDS FOR POLITICAL PURPOSES.

80. BREACH OF CONTRACT INVOLVING DANGER TO LIFE OR PROPERTY.

81. PICKETING RULES.

82. PREVENTION OF INTIMIDATION OR ANNOYANCE BY VIOLENCE OR OTHERWISE.

83. RELIEF BY WAY OF INJUNCTION AGAINST CONTRAVENTION OF THIS ACT.

PART X.

MISCELLANEOUS AND GENERAL.

84. SUMMARY PROCEDURE AND RECOVERY.

85. EXPENSES.

86. FEES.

SCHEDULES.

First Schedule--Fees.

Second SchedulePart I. Rules for the registration of Trade Unions.

Part II. Matters to be provided for in the constitution of a Trade Union.

Part III. Matters to be provided for in the constitution of an Employers' Organisation.

Third SchedulePart I. Functions of a Joint Industrial Council.

Part II. The constitution of a Joint Industrial Council.

Fourth Schedule--Constitution, Nomination and Proceedings of Arbitration Tribunals.

Fifth Schedule-Picketing Rules.

CHAPTER 241.

TRADE UNION AND INDUSTRIAL CONCILIATION.

AN ACT To DECLARE, AMEND AND CODIFY THE LAW 30 of 1958.

TO TADEUNINS ND RADDIPUTS, 78 of 1963.

RELATING TTRDUNOSADTAEDPTE.13 of 1965.

TO PROVIDE FOR THE APPOINTMENT AND FUNCTIONS OF A MINISTER FOR LABOUR, AND FOR THE ESTABLISHMENT OF A DEPARTMENT OF LABOUR, AND FOR THE FIXING OF MINIMUM WAGES FOR WORKMEN;

TO PROVIDE FOR THE SETTLEMENT OF WAGES AND CONDITIONS OF EMPLOYMENT By AGREEMENT AND ARBITRATION, AND FOR THE PREVENTION AND SETTLEMENT OF TRADE DISPUTES; AND TO MAKE PROVISION FOR PURPOSES CONNECTED WITH THE MATTERS AFORESAID.

[21st August 1958.1 [Commencement 1st October 1958.] PART I.

PRELIMINARY.

1. This Act may be cited as The Trade Union and Short title.

Industrial Conciliation Act.

2. In this Act, unless the context otherwise Interpretation.

requires'Arbitration Tribunal' means an Arbitration Tribunal appointed under and in accordance with the provisions of 'this Act;

'Board' means the Labour Board appointed under section 5 of this Act;

'chairman' in relation to any employers' organisation, trade union or joint industrial council, includes the president;

'chief industrial officer' means the chief industrial officer appointed under this Act, and any officer of the Department of Labour who is authorised to act on his behalf;

'constitution' includes rules and byelaws;

'day', includes every day other than a Sunday or a statutory public holiday;

'employer' includes any person who is an employer,

whether an individual person or a body corporate;

'employers organisation' means any combination or association of employers, whether temporary or permanent, the principal objects of which are under its constitution statutory objects;

'essential service' means(a) the supply of electricity or water to the inhabitants of any town, village or place;

(b) the disposal of sewage or of any other waste product dangerous to the health of the community;

(c) the provision of any hospital service;

(d) any service essential to the safety of aircraft;

(e) the fire service, the telecommunications service, or the prison service, being parts of the public service;

'lock-out' means any of the following acts or omissions by any employer: (a) the closing of a place of employment or the suspension of work, or the refusal by him to continue to employ any number of persons employed by him; or (b) the breach or termination by him of the contracts of employment of any number of persons employed by him, if that act or omission is intended by him or calculated to induce or compel any workman to comply with any demands made by him concerning the.employment or terms or conditions of employment of any workman;

78 of 1963, s. 3. 'Minister' means the Minister appointed under section 4;

'officer' in relation to any employers' organisation or trade union includes a trustee;

'Order' means an Order made under this Act and in the manner provided by this Act;

'printed' includes typed or mimeographed;

'register' means the register kept by the chief industrial officer under this Act, and 'registered' means registered in accordance with the provisions of this Act;

'regulations' means regulations made under this Act and in the manner provided by this Act;

'remuneration' includes wages, benefits in kind, and allowances;

'statutory objects' means(a) in relation to any trade union, the regulation of the relations between workmen and their employers, and the protection and furtherance of the lawful interests of its members as workmen, and the provision of benefits to members;

(b) in relation to any employers' organisation, the regulation of the relations between its members ard their workmen, and the protection and furtherance of the lawful interests of its members as employers;

'strike' means any of the following acts or omissions by any two or more workmen: (a) the refusal or failure by them to continue to work (whether the discontinuance is complete or partial), or to resume their work or to accept re-employment, or to comply with the terms or conditions of employment applicable to them, or the obstruction by them of work; or (b) the breach or termination by them of their respective contracts of employment, if that act or omission(i) is in pursuance of any combination, agreement or understanding between them, whether expressed or not; and (ii) is intended by them or is calculated to induce or compel any person by whom they or any other persons are or have been employed to comply with any demand made by them concerning the employment or terms or conditions of employment of any person or any demand made by them imposing restrictive conditions on any such person or on the conduct of his trade or business;

'trade dispute' means any dispute or difference between one or more employers on the one Application.

hand and one or more workmen on the other hand or between one or more workmen on the one hand and one or more workmen on the other hand, which is connected with the employment or non-employment or the terms or conditions of employment of any person;

'trade union' means any combination or association of workmen, whether temporary or permanent, the principal objects of which are under its constitution statutory objects;

'wages council' means a wages council established under this Act;

'workman' means any person who has entered into or works under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, be expressed or implied, oral or in writing...