Section 39 of The Labour Relations Act 2007: 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, allowances and expenses to its officials;
(b) the payment of expenses for the administration of the trade union, employer’s organisation or federation including auditing of its accounts;
(c) the prosecution or defence of any legal proceedings to which the trade union, employers organisation or federation or any member thereof is a party, when the prosecution or defence is undertaken for the purpose of securing or protecting its rights or the rights of any member in any matter concerning employment or the application of any employment law;
(d) the conduct of trade disputes on its behalf or on behalf of any member thereof;
(e) the compensation of members for loss arising out of trade disputes;
(f) the payment of allowances to members or their dependants on account of death, old age, sickness, accidents or unemployment of those members;
(g) the payment of subscriptions and fees to any registered federation to which it is affiliated;
and
(h) subject to any condition determined by the Minister, any other object which the Minister may, on application of any trade union, employers’ organisation or federation, declare by notice in the Gazette to be an object for which its funds may be expended.
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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
(1) The Industrial Court may grant an injunction restraining unauthorized or unlawful expenditure of the funds of a trade union, employer’s organisation or federation on application by the Registrar,...
- Section 42 - Treasurer to render accounts
(1) In this section, “official” means the treasurer of a trade union, employers’ organisation or federation and every other official responsible for the accounts of a trade union, employers’...
- 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 –
(a) an official or member of a trade union, employer’s organisation or...
- 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 –
(a) order any person who has in his possession or control any property of a trade union, employers’ organisation or federation in violation of its rules or who has...
- 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’
organisation, setting terms and conditions of...
- 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
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
- Section 53 - Payments by members to employers’ organisations
An employers’ organisation may provide in its constitution for its members to –
(a) pay subscriptions or levies as a condition of their membership of the employers’ organisation; and
(b) to charge...
- 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
union reasonable access to the employers...
- Section 57 - Collective agreements
(1) An employer, group of employers or an employers’ organisation that has recognised a trade union in accordance with the provisions of this Part shall conclude a collective agreement with the...
- Section 58 - Alternative dispute resolution
(1) An employer, group of employers or employers’ organisation and a trade union may conclude a collective agreement providing for―
(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;
(b) all unionisable employees employed by the employer, group of employers or members of the...
- 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.
(2) The employer or employer’s organisation which is party to an...
- 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 –
(a) by or on behalf of a trade union, employer or employers' organisation that is a party to the dispute;...
- 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;
(b) any other person drawn from a panel of conciliators appointed by the Minister after consulting the...
- 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―
(a) the recognition of a trade union in accordance with section 62; or
(b) a redundancy...
- Section 75 - Arbitration Act not to apply. No. 4 of 1995
The Arbitration Act shall not apply to any proceedings before the Industrial Court.
- Section 76 - Protected strikes and lock-outs
A person may participate in a strike or lock-out if―
(a) the trade dispute that forms the subject of the strike or lock-out concerns terms and conditions of employment or the recognition of a trade...
- Section 77 - Powers of Industrial Court
(1) A party to a dispute that has received notice of a strike or lock-out may apply to the Industrial Court to prohibit the strike or lockout as a matter of urgency if –
(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...
- Section 80 - Strike or lock-out not in compliance with this Act
(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...
- Section 82 - General penalty
(1) The Industrial Court has jurisdiction in respect of any prosecution for an offence under this Act.
(2) A trade union, employers’ organisation or federation which is convicted for an offence under...
- Section 83 - Regulations
The Minister may, after consultations with the Board, make regulations on any matter for the better carrying out of the provisions of this Act.
- 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...