Career Advice

PART XI - TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS

Freedom of Association
Every worker has the right to form or join a trade union of his or her         choice for the promotion and protection of the worker’s economic and social     interests.
Notwithstanding subsection (1), a worker whose function is normally       considered as

• policy making;
• decision making;
• managerial;
• holerforming duties that are of highly confidential nature; or
• an agent of a shareholder of an undertaking, may not form or join      trade unions.

Subject to subsection (4), the classes of workers referred to in subsection (2) shall be determined by agreement between the employer and the workers or trade unions.  
 In determining whether a worker falls within the class of workers referred to in subsection the parties shall consider the organizational structure and job descriptions or functions of the worker concerned.

Formation of trade union or employers’ organization
Two or more workers employed in the same undertaking may form a trade union. Two or more employers in the same industry or trade, each of whom employs not less than fifteen workers may form or join an employers’ organization.

Organizational rights
Every trade union or employers’ organization has the right to

• draw up its constitution and rules, elect its officers and representatives;
• organize its administration and activities and formulate its own programmes;
• take part in the formulation, and become a member of any federation of trade unions or employers’ organization and participate in its lawful activities; and
• affiliate to and participate in the activities of, or join an international workers’ or employers’ organizations.

Independence of trade unions and employers organizations
A trade union or an employers’ organization shall not be subject to the control of or be financially or materially aided by a political party.

Application for Registration
A trade union or employers’ organization shall apply in writing to the Chief Labour Officer to be registered.
An application for registration under subsection (1) shall be submitted with the constitution, rules, names of officers and office address of the trade union or employers’ organization.
If, after considering the application, the Chief Labour Officer is satisfied that there has been compliance with subsection (2);

• the applicant is a trade union or employers’ organization duly established under any enactment for the time being in force as a body corporate;
• the internal organization of the trade union or employers’ organization conforms to democratic principles;
• the name of the trade union or employers’ organization does not closely resemble that of another registered trade union or employers’ organization, so as to mislead or confuse the public;
• the rules of the trade union or employers’ organization are in conformity with section 85; and
• the constitution or rules of the trade union or employers’ organization do not discriminate on the grounds stated in section 87 against any person,
• the Chief Labour Officer shall register the trade union or employers’ organization.

Certificate of registration
A trade union or an employers’ organization registered under section 81 shall be issued with a certificate of registration by the Chief Labour Officer.

Rules of trade unions and employers’ organisations
The same of the trade union or organization;

• the registered office to which correspondence and notices may be addressed;
• the principal objects of the trade union or employers’ organization;
• the qualifications for membership;
• the grounds on which an officer or a member may be suspended or dismissed from office or membership;
• the procedure for suspension or dismissal of an officer or a member;
• the membership fees and other subscriptions payable;
• the manner of dissolution of the trade union or employers’ organization and disposal of its assets;

(i)the manner of altering, amending or revoking its constitution or rules; and
(j)the powers, functions and duties of officers of the trade union or employers’ organization.

Register of trade unions and employers’ organizations
The Chief Labour Officer shall keep and maintain a register of trade unions and employers’ organizations, in which shall be entered the prescribed particulars relating to them and any alterations or changes affecting them.

Protection against discrimination
A trade union or employers' organization shall not discriminate in its constitution or rules against any person on grounds of race, place of origin, political opinion, colour, religion, creed, gender or disability.

The Chief Labour Officer shall not register a trade union or employers’ organization which contravenes subsection (1), unless the trade union or employers’ organization takes steps to rectify the defect in its constitution or rules within a period specified by the Chief Labour Officer.

Effect of registration
The rights and powers conferred on trade unions or employers’ organizations under this Act shall be exercised only if the trade unions or employers’ organizations are registered in accordance with this Part.  

Change of name
A trade union or an employers’ organization may change its name in accordance with the requirements of its constitution or rules.
A change of name shall not affect any rights or obligations of the trade union or employers’ organization or its member otherwise the change will not be valid.

Amalgamation
Any two or more trade unions or employers’ organizations may in accordance with the requirements of their constitutions or rules, amalgamate to form one trade union or employers’ organization.

Registration of change of name and amalgamation
A written notice concerning a change of name or amalgamation duly signed by officers of the trade union or employers’ organization or the amalgamated trade union or employers’ organization shall be registered with the Chief Labour Officer within fourteen days after the change of name or amalgamation.
The Chief Labour Officer shall direct the officer of a trade union or employers’ organization which fails to comply with subsection (1) to do so within a period specified by the Chief Labour Officer, and the office shall comply with the direction failing which the change shall not be valid.

Alteration of rules
Any alteration of the rules of a trade union or an employers’ organization shall be registered with the Chief Labour Officer by the trade union or the employers’ organization.
The Chief Labour  Officer shall direct the officer of the trade union or employers’ organization which fails to comply with subsection (1) to do so within a period specified by the Chief Labour Officer, and the officer shall comply with the direction.

Federation
A federation of trade unions or a federation of employers’ organization shall be subject to all the provisions of this Act applicable to trade unions or employers’ organizations.

Accounts and audit
A trade union or an employers’ organization registered under this Act shall

• keep books and records of accounts of its income, expenditure, assets    and liabilities; and
• prepare annual financial statements consisting of all income and expenditure statements in respect of each financial yearof the trade union or employers’ organization and a balance sheet showing its assets, liabilities and financial position at the end of that financial year.
• The books and records of accounts and financial statements shall be audited within six months after the end of its financial year by an auditor appointed by the trade union or employers’ organization.

Audited financial statements
A trade union or an employers’ organization shall, within seven months after the end of its financial year, submit to the Chief Labour Officer a copy of its audited financial statement.