LABOUR RELATIONS AND INDUSTRIAL DISPUTES ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
Labour Relations

   3   Labour relations code

   4   Rights of workers in respect of trade union membership

      Employer may recognize trade union without ballot being taken

   5   Ballots to determine bargaining rights

      Bargaining in good faith

   5B   Notice of industrial action

   6   Collective agreements

 

PART III
Establishment and functions of the Industrial Disputes Tribunal

   7   Establishment of Industrial Disputes Tribunal

   8   Tribunal to sit in divisions

   9   Industrial disputes in undertakings providing essential services

   10   Minister may act in public interest to settle dispute

   11   Reference of disputes to the Tribunal at the request of the parties

      Minister may on his own initiative refer disputes to the Tribunal

   11B   Reference of dispute of disciplinary nature by Minister to the Tribunal

   12   Awards of the Tribunal

   13   Offences in connection with unlawful industrial action

 

PART IV
Boards of Inquiry

   14   Minister may appoint Boards of Inquiry

   15   Reports of Boards

 

PART V
General provisions in respect of the Tribunal and Boards of Inquiry

   16   Appearance before the Tribunal and Boards

      Power of Tribunal to hear industrial disputes

   17   Power to summon witnesses and administer oaths

   18   Duty and privileges of witnesses

   19   The Tribunal and Boards may sit in private

   20   The Tribunal and Boards may regulate their procedure and proceedings

   21   Remuneration and protection of members of Tribunal and of Boards

 

PART VI
Miscellaneous

   22   Change of ownership of undertaking during an industrial dispute

   23   Expenses incurred for purposes of this Act

   24   Special provisions as to fines and attachment

   25   Application to Government and its employees

   26   Service of documents

   27   Regulations

   28   Power to amend First and Fifth Schedules

   29   Special provisions in respect of certain awards settlements and agreements

   30   Employer in essential services to keep register of workers

   31   Prohibition of industrial action while appeals from the Tribunal are pending in Court

   32   Prohibition of industrial action prejudicial to the national interest

      SCHEDULES

 

THE LABOUR RELATIONS AND INDUSTRIAL DISPUTES ACT

[Date of Commencement: 8th April, 1975]

Acts
14 of 1975,
13 of 1978,
14 of 1983,
7 of 1986,
13 of 2002,
8 of 2010,
3 of 2011.

LNs
228B/1976,
258/1976.

PART I
Preliminary (sections 1-2)

1   Short title

   This Act may be cited as the Labour Relations and Industrial Disputes Act.

2   Definitions

   In this Act unless the context otherwise requires-

   "action" includes any refusal or failure to act, and any reference to taking action shall be construed accordingly;

   "bargaining rights" means rights to participate, on behalf of the workers in relation to whom that expression is used, in negotiations in respect of-

   (a)    the terms and conditions of employment of those workers, or the physical conditions in which any of them are required to work;

   (b)    engagement or non-engagement or termination or suspension of employment, of any worker;

   (c)    allocation of work as between workers or groups of workers,

   "bargaining unit" means those workers or categories of workers of an employer in relation to whom collective bargaining is, or could appropriately be carried on;

   "Board" means a Board of Inquiry appointed under this Act;

   "collective agreement" means any agreement or arrangement which-

   (a)   is made (in whatever way and in whatever form) between one or more organisations representing workers and either one or more employers, one or more organisations representing employers, or a combination of one or more employers and one or more organisations representing employers;

   (b)   contains (wholly or in part) the terms and conditions of employment of workers of one or more categories

   "collective bargaining" means negotiations between one or more organisations representing workers and either one or more employers, one or more organisations representing employers, or a combination of one or more employers and one or more organisations representing employers;

   "contract of employment" means a contract of service or of apprenticeship, whether it is express or implied, and (if it is express) whether it is oral or in writing;

   "employer" means a person for whom one or more workers work or have worked or normally work or seek to work;

   "essential service" means any of the services set out in the First Schedule

   "industrial action" means-

   (a)    any lock-out; or

   (b)    any strike; or

   (c)   any course of conduct (other than a lock-out or strike) which, in contemplation or furtherance of an industrial dispute' is carried on by one or more employers or by one or more groups of workers, whether they are parties to the dispute or not, with the intention of preventing or reducing the production of goods or the provision of services;

   "industrial dispute" means a dispute between one or more employers or organisations representing employers and one or more workers or organisations representing workers, and-

   (a)    in the case of workers who are members of any trade union having bargaining rights, being a dispute relating wholly or partly to-

         (i)   terms and conditions of employment, or the physical conditions in which any workers are required to work;

         (ii)   engagement or non-engagement, or termination or suspension of employment, of one or more workers;

         (iii)   allocation of work as between workers or groups of workers;

         (iv)   any matter affecting the privileges, rights and duties of any employer or organisation representing employers or of any worker or organisation representing workers; or

         (v)   any matter relating to bargaining rights on behalf of any worker;

[8/2010 s 2.]

   (b)    in the case of workers who are not members of any trade union having bargaining rights, being a dispute relating wholly to one or more of the following:

         (i)    the physical conditions in which any such worker is required to work;

         (ii)   the termination or suspension of employment of any such worker; or

         (iii)   any matter affecting the rights and duties of any employer or organisation representing employers or of any worker or organisation representing workers;

[8/2010 s 2.]

   (c)   without limiting the effect of paragraph (a) or (b), the subjecting of any worker to an occupational detriment on the basis that the worker seeks to make or has made a protected disclosure;

[3/2011 s 29(a).]

   "lock-out" means action which, in contemplation or furtherance of an industrial dispute, is taken by one or more employers, whether parties to the dispute or not, and which consists of the exclusion of workers from one or more places of employment or of the suspension of work in one or more such places or of the collective, simultaneous or otherwise connected termination or suspension of employment of a group of workers;

   "occupational detriment" means any act or omission that results in an employee, in relation to his employment, being-

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.