Section 35 of The Labour Relations Act 2007: Notification of officials
(1) A trade union, employers’ organisation or federation shall exhibit prominently―
(a) in its registered office, a notice giving the names of all officials and their titles;
(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.
(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 prescribed fee, and the Registrar shall register the change, subject to subsection (4) and subsection (5).
(3) Before registering any change of officials or correcting any register, the Registrar may require the production of any relevant evidence of the change.
(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.
(5) No change of officials shall have effect until it is registered by the Registrar.
(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.
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- Section 36 - Trustees
(1) The constitution of a trade union, employer’s organisation and federation shall provide―
(a) for the appointment or election of at least three trustees; and
(b) for the filling of any vacancy in...
- Section 37 - Property to be vested in trustees
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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- Section 39 - Application of funds
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 -
(a) the payment of salaries,...
- 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’
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- 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
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- 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
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(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
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- Section 51 - Collection of levies other than trade union dues
The Minister 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...
- Section 52 - Direct payment of trade union dues
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
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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
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- 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 57 - Collective agreements
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- Section 58 - Alternative dispute resolution
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- Section 59 - Effect of collective agreements
(1)A collective agreement binds for the period of the agreement -
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- Section 60 - Registration of collective agreement
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- 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―
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(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
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- Section 75 - Arbitration Act not to apply. No. 4 of 1995
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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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- Section 77 - Powers of Industrial Court
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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―
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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...
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(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...
- Section 82 - General penalty
(1) The Industrial Court has jurisdiction in respect of any prosecution for an offence under this Act.
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- Section 83 - Regulations
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- Section 84 - Repeal of Cap. 233 and Cap. 234
(1) The Trade Union's Act and the Trade Disputes Act are repealed.
(2) Transitional provisions dealing with the transition from the Trade Unions Act and the Trade Disputes Act to this Act are...