Section 31 of The Labour Relations Act 2007: Officials
(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.
(2) No person shall be an official of more than one trade union or employer’s organisation.
(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.
(4) Notwithstanding the provisions of subsection
(1) –
(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;
(b) a person may be an official of more than one employer’s organisation; and
(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.
(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.
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- Section 32 - Membership of minors
An employee who has not attained the age of eighteen years but appears to be above the apparent age of sixteen years may be a member of―
(a) a trade union and, unless the constitution provides...
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No person shall be a voting member of –
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(1) The election of officials of a trade union, employers’ organisation or federation shall be conducted in accordance with their registered constitutions.
(2) The constitution of a trade union,...
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(1) A trade union, employers’ organisation or federation shall exhibit prominently―
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(1) The constitution of a trade union, employer’s organisation and federation shall provide―
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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, employer’s...
- Section 38 - Devolution of property
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
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Subject to its rules and the provisions of this Act, the funds of a trade union, employers’ organisation or federation may be used only for the following purposes -
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- Section 40 - Prohibition of payment of fines or penalties
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...
- Section 41 - Injunction to restrain misuse of funds
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- Section 42 - Treasurer to render accounts
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- Section 43 - Annual returns
(1) The authorised representative of a registered trade union, employers’ organisation, or federation shall furnish annually by a prescribed date to the Registrar a general statement of all receipts...
- Section 44 - Inspection of accounts and records
The accounts of a trade union, employers’ organisation or federation and a list of its members shall be open to inspection by –
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- Section 45 - Obstructing inspection by Registrar
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...
- Section 46 - Power to require detailed accounts
(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...
- Section 47 - Misuse of money or property of a trade union
(1) The Industrial Court may –
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- Section 48 - Deduction of trade union dues
(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.
(2) A trade union may, in the...
- Section 49 - Deduction of agency fees from unionisable employees covered by collective agreements
(1) A trade union that has concluded a collective agreement registered by the Industrial Court with an employer, group of employers or an employers’
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- Section 50 - General provisions applicable to deductions
(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...
- Section 51 - Collection of levies other than trade union dues
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- Section 52 - Direct payment of trade union dues
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An employers’ organisation may provide in its constitution for its members to –
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- Section 54 - Recognition of trade union by employer
(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...
- Section 55 - Election of trade union representatives
(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...
- Section 56 - Trade union access to employer’s premises
(1) Without limiting the matters that may be dealt with in a recognition agreement, a recognition agreement shall provide for an employer to grant a trade
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- Section 58 - Alternative dispute resolution
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(a) the conciliation of any category of trade disputes identified...
- Section 59 - Effect of collective agreements
(1)A collective agreement binds for the period of the agreement -
(a) the parties to the agreement;
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- Section 60 - Registration of collective agreement
(1) Every collective agreement shall be submitted to the Industrial Court for registration within fourteen days of its conclusion.
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- Section 61 - Terms and conditions of service in the public sector where there is no collective bargaining
(1) The Minister 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...
- Section 62 - Reporting of trade disputes to the Minister
(1) A trade dispute may be reported to the Minister in the prescribed form and manner –
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- Section 63 - Respondent may file replying statement
(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 Minister within fourteen days of receiving a copy of the report...
- Section 64 - Interested party may file statement of interest
Any party which has an interest in any dispute may file a statement with the Minister within fourteen days of receiving a copy of the referral.
- Section 65 - Minister to appoint conciliators
(1) Within twenty-one days of a trade dispute being reported to the Minister as specified under section 62, the Minister shall appoint a conciliator to attempt to resolve the trade dispute...
- Section 66 - Persons appointed to conciliate
(1) A person appointed to conciliate a dispute under this Part shall be ―
(a) a public officer;
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- Section 67 - Conciliator’s powers to resolve dispute
(1) The conciliator or conciliation committee appointed under section 66 shall attempt to resolve the trade dispute referred to in section 65 (1) within-
(a) thirty days of the appointment; or
(b)...
- Section 68 - Dispute resolved after conciliation
(1) If a trade dispute is settled in conciliation the terms of the agreement shall be―
(a) recorded in writing; and
(b) signed by the parties and the conciliator.
(2) A signed copy of the agreement...
- Section 69 - Dispute unresolved after conciliation
A trade dispute is deemed to be unresolved after conciliation if the―
(a) conciliator issues a certificate that the dispute has not been resolved by conciliation; or
(b) thirty day period from the...
- Section 70 - Minister may appoint conciliator in public interest
(1) If the Minister is satisfied that it is in the public interest to prevent a dispute from arising or to resolve a dispute, the Minister may appoint a conciliator or
conciliation committee to...
- Section 71 - Committee of inquiry
The Minister may appoint a committee of inquiry to investigate any trade dispute and report to the Minister.
- Section 72 - Exercise of powers of the Minister
The Minister may delegate his powers under this Part to the Commissioner for Labour or the Chief Industrial Relations Officer.
- Section 73 - Referral of dispute to Industrial Court
(1) If a trade dispute is not resolved after conciliation, a party to the dispute may refer it to the Industrial Court in accordance with the rules of the Industrial Court.
(2) Notwithstanding the...
- Section 74 - Urgent referrals to Industrial Court
A trade union may refer a dispute to the Industrial Court as a matter of urgency if the dispute concerns―
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- Section 76 - Protected strikes and lock-outs
A person may participate in a strike or lock-out if―
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(a) the strike or lock-out is...
- Section 78 - Prohibited strikes or lock-outs
(1) No person shall take part in a strike or lock-out or in any conduct in contemplation of a strike or lock-out if―
(a) any law, court award or a collective agreement or recognition agreement...
- Section 79 - Strike or lock-out in compliance with this Act
(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.
(2) A...
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(1) An employee who takes part in, calls, instigates or incites others to take part in a strike that is not in compliance with this Act is deemed to have breached the employee’s contract and―
(a) is...
- Section 81 - Essential services
(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.
(2) The...