THE EMPLOYMENT RELATIONS (AMENDMENT) ACT 2013 Act No. 5 of 2013 10. Section 29 of principalAct amended (1A) A worker shall have the right to join only one trade union, of his own choice, in the enterprise where he is employed or his bargaining unit 37. Criteria for recognition of trade union of workers (1) Subject to subsections (2) and (3), a trade union shall be entitled to recognition as a bargaining agentfor a bargaining unit in an enterprise orindustry, where it hasthe support of not lessthan 30 per cent and not more than 50 per cent of the workers in the bargaining unit of the enterprise or industry. Acts 2013 71(2) Subject to subsection (3) – (a) a trade union which hasthe support ofmore than 50 per cent ofthe workersin a bargaining unit in an enterprise or industry shall be entitled to recognition as the sole bargaining agent of the bargaining unit of the enterprise or industry; (b) 2 or more trade unions which have each the support of not lessthan 30 per cent and notmore than 50 per cent of the workers in a bargaining unit in an enterprise orindustry,shall be entitled to be recognised as a joint negotiating panel of the bargaining unit of the enterprise or industry. (3) Where a trade union or group of trade unions has been granted recognition as a sole bargaining agent or joint negotiating panel,respectively,for a bargaining unit in an enterprise orindustry, no othertrade union shall be entitled to recognition forthe bargaining unit except by virtue of an order or determination of the Tribunal undersection 38. (4) Where a trade union has been granted recognition under subsection (1) and – (a) one ormore newtrade unions, having the support of not lessthan 30 per cent and notmore than 50 per cent of the workers in the bargaining unit, apply to the employer for recognition – (i) the employer may grant recognition to the trade unions altogether as a joint negotiating panel of that bargaining unit; (ii) the employermay not grantrecognition to any ofthe new trade unions which refuses to formpart of a joint negotiating panel; or 72 Acts 2013(iii) the employer or one or more of the new trade unionsmay, where the existing trade union refuses to form part of a joint negotiating panel, apply to theTribunalfor an order directing the existing trade union to form part ofthe joint negotiating panel; (b) a new trade union which hasthe support ofmore than 50 per cent ofthe workersin the bargaining unit, applies to the employer for recognition in respect of that bargaining unit, the employer or the newtrade unionmay apply to theTribunalfor its determination asto which trade union isto be recognised, and theTribunalshallmake an order to that effect Remarks concerning the “List of controversial issues requiring the official position of the ILO” 19. Clauses 10, 22 and 27 of the Employment Relations (Amendment) Bill, as well as Clause 25(g) of the Employment Rights (Amendment) Bill, would appear to be in line with freedom of association principles. It is understood that, pursuant to the new provision in Clause 10 of the Employment Relations (Amendment) Bill (Section 29(e) of the Act as amended), workers do not have the right to join more than one union in a single collective bargaining
Posted on: Fri, 29 Nov 2013 18:13:50 +0000
Trending Topics
Recently Viewed Topics
© 2015