CHAPTER 269
INDUSTRIAL AND LABOUR RELATIONS ACT
Arrangement of Sections
Section
PART I
PRELIMINARY
1. Short title
2. Application and power of exemption
3. Interpretation
PART II
TRADE UNIONS
4. When employee ceases to be eligible employee
5. Rights of employees in respect of trade union membership and its activities
6. Obligations of employees in respect of trade union and its activities
7. Registration and consequences of non-registration
8. Acts of unregistered trade unions and their officers
9. Application for registration of trade union
10. Continuation of trade unions Act
11. Constitution of trade union
12. Cancellation of certificate of registration of trade union
13. Appeal from decisions Commissioner
14. Change of name or address of trade union
15. Amalgamation of trade unions
16. Voluntary dissolution of trade union
17. Existing trade unions and Congress
18. Disqualification from election or appointment as officer of trade union
19. Information about elections of trade union, etc.
20. Injunction against officer of trade union
21. Annual report of accounts of trade union
22. Deduction of subscription by agreement
23. Remittance of subscription
24. Acquisition of land by trade union
25. Property of trade union to vest in trustees
26. Actions by or against trustees of trade union
27. Limitation of liability of trustees of trade union
PART III
FEDERATION OF TRADE UNIONS
28. Continuation of Congress as federation of trade unions
29. Constitution of federation of trade unions
30. Qualification and disqualification from election or appointment as officer of a federation of trade unions
31. Information about elections of a federation of trade union, etc
32. Injunction against officer or a federation of trade unions
33. Annual report of accounts of a federation of a trade unions
34. Relations between a federation of trade unions
35. Dispute between trade unions
PART IV
EMPLOYERS' ORGANISATIONS
36. Registration and consequences of non-registration of employer's associations
37. Rights of employers
38. Employer's associations
39. Acts or unregistered employers’ organisation and its officers
40. Application for registration of association
41. Continuation of employers’ organisation
42. Constitution of employers’ organisation
43. Disqualification from election or appointment as officer of employers’ organisation
44. Information about elections of employers’ organisation
45. Court process against officer of employers’ organisation
46. Cancellation of certificate of registration
47. Appeal from decisions of Commissioner
48. Change of name or address of employers’ organisation
49. Amalgamation of employers’ organisations
50. Voluntary dissolution of employers’ organisation
51. Affiliation of employers’ organization before commencement of Act
52. Annual report of accounts of employers’ organisation
53. Acquisition of land by employers’ organization and vesting of property
54. Actions by or against trustees of employers’ organization and limitation of their liability
PART V
FEDERATION OF EMPLOYERS ORGANISATIONS
55. Continuation of Federation
56. Continuation of Federation of employers’ organisation
57. Relations between the Federation of employers’ organisation and employers’ association
58. Disqualification from election or appointment as officer of Federation of employers’ organisation
59. Notification of results of election of Federation of employers’ organisation
60. Annual report of accounts of a Federation of employers’ organisation
PART VI
FUNDS OF REPRESENTATIVE BODIES
61. Objectives for which funds shall not be expended
62. Control of funds
PART VII
RECOGNITION AGREEMENTS
63. Registration of employers
64. Duty to enter into recognition agreement
65. Essentials of recognition agreement
65A. Termination of recognition agreement
PART VIII
COLLECTIVE AGREEMENTS
66. Establishment of Joint Council
67. Constitution of Joint Council
68. Collective agreements
69. Obligations of bargaining unit
70. Lodging of collective agreements
71. Approval of collective agreements
72. Variation of collective agreement
73. Extension of collective agreement in force
74. Collective agreements by joint councils
PART IX
SETTLEMENT OF COLLECTIVE DISPUTES
75. Collective disputes
76. Dispute to be referred to conciliator, board of conciliation or to Court
77. Approval of settlement by conciliation
78. Failure to reach settlement by conciliation
PART X
TRIPARTITE CONSULTATIVE LABOUR COUNCIL
79. Consultative Labour Council
80. Chairman and Vice-Chairman of Council
81. Proceedings of Consultative Council
82. Committees of Council
83. Functions of Council
PART XI
INDUSTRIAL RELATIONS COURT
84. Continuation of Court
85. Jurisdiction of Court
85A. Remedies by Court
86. Composition of Court
87. Registrar and other officers of Court
88. Assessors
89. Proceedings of Court
90. Declaration of Court
91. Representation of parties
92. Powers to summon witnesses
93. Power to obtain evidence
94. Judgment of Court
95. Publication of judgments of Court
96. Rules of Court
97. Appeals to Supreme Court
PART XII
GENERAL
98. Immunity of officials of trade union, Congress, associations and Federation
99. Conspiracy in collective disputes
100. Breach of contract involving injury to persons or property
101. Prohibition from participating in lockouts or strikes
102. Attendance at or near place of residence, business or employment for certain purposes
103. Attendance at or near a place of residence
104. Obstructing Commissioner, etc.
105. Prosecution of offences
106. General penalty
107. Essential Service certificates
108. Restriction on discrimination in employment
109. Conduct of ballots
110. Complaints against irregularities in elections
111. Report to National Assembly
112. Regulations by Minister
113. Repeal and Savings
AN ACT
to revise the law relating to the formation of trade unions and employer's representative organisations, including the formation of federations of trade unions and federations of employers organisations, recognition and collective agreements, settlement of disputes, strikes, lockouts, essential services and the Tripartite Labour Consultative Council; the Industrial Relations Court; to repeal and replace the Industrial Relations Act, 1990; and to provide for matters connected with or incidental to the foregoing.
[30th April, 1993]
Act 27 of 1993,
Act 13 of 1994,
Act 30 of 1997,
Act 8 of 2008,
Act 19 of 2017*.
PART I
PRELIMINARY
This Act may be cited as the Industrial and Labour Relations Act.
2. Application and power of exemption
(1) Subject to sub-section (2), this Act shall not apply to—
(a) the Zambia Defence Force;
(b) the Zambia Police Force;
(c) the Zambia Prison Service;
(d) the Zambia Security Intelligence Service; and
(e) Judges, registrars of the court, magistrates and local court justices.
(2) The Minister may, after consultation with the Tripartite Consultative Labour Council, by statutory instrument, and subject to such conditions as he may prescribe, exempt any person or class of persons or any trade, industry or undertaking from all or any of the provisions of this Act, or any regulation or order made, or any direction given, in pursuance of this Act.
(3) The Companies Act, the Societies Act and the Co-operatives Societies Act shall not apply to any trade union or association.
(4) Any organisation which is intended to carry out activities of a trade union or an employer's association shall be registered only under this Act and any registration under the Companies Act, the Societies Act and the Co-operative Societies Act shall be void.
(1) In this Act, unless the context otherwise requires-
…
[“association” rep by s 3(a) of Act 30 of 1997.]
“bargaining unit” means—
(a) the management of the undertaking and the most representative trade union representing employees in the undertaking where collective bargaining is at the level of an undertaking, other than an industry; or
(b) the negotiating team representing the employer's organisation and the negotiating team representing the most representative trade union in the industry concerned where collective bargaining is at the level of an undertaking or industry;
[Subs by s 2(a) of Act 8 of 2008.]
“Chairman” means the person appointed Chairman of the Court under section86;
“collective agreement” means an agreement negotiated by an appropriate bargaining unit in which the terms and conditions affecting the employment and remuneration of employees are laid down;
“collective bargaining” means the carrying on of negotiations by an appropriate bargaining unit for the purpose of concluding a collective agreement;
“collective dispute” shall be construed in accordance with section 75;
“Commissioner” means the Labour Commissioner;
“Congress” means the Zambia Congress of Trade Unions continued under section 28; “Court” means the Industrial Relations Court established under section84;
[Subs by s 3(c) of Act 30 of 1997.]
“deadlock” means a situation arising out of a collective dispute where the parties to the dispute have exhausted the procedure, whether formal or otherwise, mutually agreed to by the parties for the settlement of the dispute, where conciliation in terms of section 78; has proved unsuccessful, and where either or both parties are of the opinion that further negotiations are unlikely to lead to the settlement of the dispute;
“Deputy Chairman” means the person appointed Deputy Chairman of the Court under section 86;
"dispute" means a disagreement on any matter pertaining to employment relationship by the parties to a recognition or collective agreement;
[Ins by s 2(b) of Act 8 of 2008.]
“eligible employee” means a union is able employee other than a member of the management of an undertaking;
[Am by s 3(d) of Act 30 of 1997.]
“employee” means any person who has entered into, or works under, a contract of employment with an employer whether such contract is express or implied, oral or written, or serving a probationary period of employment, a casual employee, an employee specifically engaged on a temporary basis for work of an intermittent or seasonal nature;
“employer” means any person who, or body of persons, firm, company, corporation or public authority which, has entered into a contract to employ any person and includes any agent, representative or manager of such person, body of persons, firm, corporation, company or public authority who is placed in authority over the persons employed;
“employer's organisations”
(a) means any group of employers registered under this Act whose principal objectives are the representation and promotion of employer's interest and the regulation of relations between employers and employees or between employers and trade unions; and
(b) includes a federation of employers’ organisation;
[Ins by s 3(e) of Act 30 of 1997.]
“essential service” shall be construed in accordance with section 107;
“Executive Board” means the duly elected executive committee of a representative body;
[Ins by s 3(e) of Act 30 of 1997.]
“executive officer” means a person elected or appointed by a representative body to be responsible for the day to day administration, management and organisation of that representative body;
[Subs by s 3(f) of Act 30 of 1997.]
“Federation” means the Zambia Federation of Employers continued under section 55;
[Subs by s 3(g) of Act 30 of 1997.]
“federations of employer's organisations” means any organisation whose membership consists wholly mainly of-
(a) registered employers organisations which are affiliated to the organisation; or
(b) individual employers who are not members of any employer's organisation and whose principal objectives include the regulation of relations between employers affiliated to the federation of employer's organisations and trade unions and federations of trade unions;
[Ins by s 3(e) of Act 30 of 1997.]
“federation of trade unions” means an organisation whose membership consists of registered trade unions affiliated to such federation and whose principal objectives are the promotion and regulation of relations between the trade unions affiliated to the federation or between employees, their trade unions, employers and employer's organisations;
[Ins by s 3(e) of Act 30 of 1997.]
…
[“joint council” rep by s 3(h) of Act 30 of 1997.]
“lock-out” means the closing down of a place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him, as a result of a dispute, and done with a view of compelling those persons, or to aid another employer in compelling those persons or to aid him, to accept terms or conditions of employment or terms of conditions affecting employment;
"management" in relation to an employee, means a person—
(a) who is the head of an institution or undertaking and has authority to hire, suspend, promote or demote an employee of the institution or undertaking;
(b) who is the head of a department in an institution or undertaking and has authority in the financial, operational, human resource, security or policy matters of the institution or undertaking;
(c) with decision-making authority in the financial, operational, personnel or policy matters of an institution or undertaking and who represents and negotiates on behalf of the institution or undertaking in collective bargaining or negotiations with any trade union; or
(d) with written institutional authority to perform the functions referred to in paragraphs (a), (b) or (c);
[Ins by s 2(b) of Act 8 of 2008.]
“member” means a member of the union;
"most representative" in relation to an organisation, means—
(a) a national centre with the most number of affiliates; or
(b) at sector, trade, undertaking, establishment or industry level, a body with the majority of members:
Provided that where in the sector, trade, undertaking, establishment or industry, there are employees who offer specialised services requiring specific representation, the most representative body shall be considered to be between the competing representation;
[Ins by s 2(b) of Act 8 of 2008.]
"national centre" means an organisation to which any group of trade unions is affiliated and whose principal objective is to represent and promote the interests of the trade unions;
[Ins by s 2(b) of Act 8 of 2008.]
“officer of a trade union” means a duly elected or appointed office holder of a trade union including a trustee, but does not include its employees;
…
[“officer of an association” rep by s 3(i) of Act 30 of 1997.]
“officer of an employer's organisation” means a duly elected or appointed office holder of an employer's organisation, who shall not be an employee of that organisation;
[Ins by s 3(i) of Act 30 of 1997.]
“proper officer” means a labour officer as defined in section 3 of the Employment Act;
“recognition agreement” means an agreement described in Part VII;
“Registrar” means the person appointed Registrar of the Court under section 87;
“representative body” means a trade union, a federation of trade unions, an employer's organisation and a federation of employers organisations or any other representative body registered under this Act;
[Subs by s 3(j) of Act 30 of 1997.]
“strike” means
(a) the cessation of work or withdrawal of labour by a body of persons employed in any in combination; or
(b) a concerted refusal or a refusal under a common understanding, of any number of employees, to continue to work or provide their labour.
[Ins by s 2(b) of Act 8 of 2008.]
“trade union”
(a) means any group or organisation of employees registered as a trade union under this Act whose principal objectives are the representation and promotion of interests of the employees and regulation of relations between employees and employers; and
(b) includes a federation of trade unions;
[Subs by s 3(k) of Act 30 of 1997.]
“trustee” in relation to a representative body means a person elected or appointed to the post of trustee;
[Ins by s 3(e) of Act 30 of 1997.]
“undertaking” means any company, firm, trade, business, industry or any other kind of enterprise, any statutory board or corporation or any local or public authority or any branch or autonomous division thereof.
PART II
TRADE UNIONS
4. When employee ceases to be eligible employee
(1) An employee shall cease to be an eligible employee if the employee becomes a member of management.
(2) Where there is a disagreement as to whether or not an employee is a member of management, either party to the disagreement may refer the matter to the Commissioner for determination.
(3) Any party aggrieved by the decision of the Commissioner, may, within 14 days of such decision, appeal to the Court.
[S 4 subs by s 3 of Act 8 of 2008.]
5. Rights of employees in respect of trade union membership and its activities
Notwithstanding anything to the contrary contained in any other written law and subject only to the provisions of Constitution and this Act every employee shall have the following rights:
(a) the right to take part in the formation of a trade union;
(b) the right to be a member of a trade union within the sector, trade, undertaking establishment or industry in which that employee is engaged;
[S 5(b) am by s 4 of Act 8 of 2008.]
(c) the right, at any appropriate time, to take part in the activities of a trade union including any activities as, or with a view to becoming, an officer of the trade union, seeking election or accepting appointment, and if so elected or appointed, to hold office as such officer subject only to the constitution of the trade union concerned;
(d) the right to obtain leave of absence from work in the exercise of the rights provided for in paragraph (c) and the leave applied for shall not be unreasonably withheld by the employer;
(e) the right not to be prevented, dismissed, penalized, victimised or discriminated against or deterred from exercising the rights conferred on the employee under this Act;
(f) the right of any employee not to be a member of a trade union or to be required to relinquish membership;
(g) the right not to be dismissed, victimised or prejudiced for exercising or for the anticipated exercise of any right recognised by this Act or any other law relating to employment; or for participating in any proceedings relating thereto;
(h) the right not to do work normally done by an employee who is lawfully on strike or who is locked out, unless such work constitutes an essential service, or if on request the employee voluntarily waives the right specified under this Act;
(l) the right not to be dismissed, penalized or disciplined on the grounds that the employee-
(i) has been or is a complainant or witness or has given evidence in any proceedings, whether instituted against the employer before the Court or any other court; or
(ii) is entitled to a reward, benefit or compensation against any employers, organisation or class of employers to which the employer of that employee belongs or against any other person, in consequence of a decision made by a court in favour of that employee or in favour of a trade union or class of employees to which the employee belongs.
(2) Any employee who has reasonable cause to believe that the employee's services have, or employment has, been terminated or that the employee has suffered any penalty, disadvantage or victimisation for exercising or in connection with the exercise of any rights specified under this section may-
(a) within 30 days after exhausting administrative channels available to that employee in the employing undertaking; or
(b) where administrative channels are not available, within 30 days of that termination of services or employment, or of knowing that the employee has suffered any penalty, disadvantage or victimisation; may lay a complaint before the Court.
(3) The Court shall, if it finds in favour of the complainant-
(a) grant to the complainant damages or compensation for loss of employment;
(b) make an order for re-employment or re-instatement; or
(c) make such other order as it may consider appropriate in the circumstances.
(4) No employer or employer's organisation or any person acting on behalf of the employer or employer's organisation shall render financial or other assistance in any form to any trade union or any officer or member thereof with the subject of exercising any control over, or influence in, the activities of such trade union.
(5) Any person or employer or employer's organisation who, or which, contravenes the provisions of sub-section (4) shall be guilty of an offence, and shall be liable upon conviction, to a fine not exceeding two thousand seven hundred and seventy-eight penalty units and may be prohibited from holding office in an employer's organisation for such period as the Court may determine.
[S 5 subs by s 4 of Act 30 of 1997.]
6. Obligations of employees in respect of trade union and its activities
Every employee shall promote, maintain and co-operate with the management of the undertaking in which the employee is employed in the interest of industrial peace, greater efficiency and productivity.
7. Registration and consequences of non-registration
(1) Every trade union shall within six months from the date of formation, and subject to section9, apply to the Commissioner for registration under this Act.
[S 7(1) subs by s 5(a) of Act 30 of 1997.]
(2) If the Commissioner refuses to register a trade union, the Commissioner shall notify the trade union of such refusal and the trade union shall be dissolved within six months from the date of the notification.
(3) Every trade union which is not registered or dissolved, as the case may be, within the period prescribed in sub-section (1) or (2), and every officer of such trade union, shall be guilty of an offence and liable, upon conviction, to a fine not exceeding four penalty units for every day that it remains unregistered or undissolved, as the case may be, after the expiration of such period, and every such officer may in addition be prohibited from holding office in any other trade union for a period of one year.
[S 7(3) am by Act 13 of 1994, s 5 of Act 8 of 2008.]
8. Acts of unregistered trade unions and their officers
(1) No trade union or officer shall perform any act in furtherance of the objects for which it has been formed unless such trade union is registered under this Act.
(2) Any trade union which, or officer who, contravenes sub-section (1) shall be guilty of an offence and liable upon conviction to a fine not exceeding two hundred penalty units, and every such officer may in addition be prohibited from holding office in any other trade union for a period determined by the Court.
[S 8 am by Act 13 of 1994.]
9. Application for registration of trade union
(1) An application to register a group of employees as a trade union shall be submitted to the Commissioner in such form as may be prescribed by the Minister.
(2) An application to register a group of employees as a trade union shall be signed by not less than 50 supporters or such lesser number as may be prescribed by the Minister and shall be accompanied by—
(a) two duly certified copies of the constitution of the proposed trade union;
(b) such other information or document as may be required by the Commissioner by notice in writing addressed and delivered to the executive officer of the trade union within such period as may be determined by the Commissioner and specified in such notice.
(3) On being satisfied that an application for registration as a trade union has complied with the conditions of registration prescribed under this Act and that the constitution of the proposed trade union provides for matters set out in the Schedule to this Act, the Commissioner shall within a period of six months from the date of the application for registration, register the group of employees as trade union and issue the trade union with certificate of registration in the prescribed form, upon payment of the prescribed fee.
[S 9(3) am by s 6(a) of Act 8 of 2008.]
(4) A certificate of registration issued under sub-section (3) unless proved to have been withdrawn or cancelled, shall be prima facie evidence that provisions of this Act relating to registration have been complied with.
(5) A group of employees shall not be registered as trade union under this section-
(a) under a name identical to, or by which, any other trade union has been registered or so nearly resembles such name as to be likely to deceive its own members or members of the public;
[S 9(5)(a) am by s 6(b)(i) of Act 8 of 2008.]
(b) if it does not comply with the conditions of registration prescribed, in consultation with the Tripartite Consultative Labour Council, under this Act; or
[S 9(5)(b) am by s 6(b)(ii) of Act 8 of 2008.]
(c) if—
(i) the registration will be prejudicial to national security; or
(ii) the objects of the trade union are contrary to the purposes for which the trade union was formed.
[S 9(5)(c) ins by s 6(b)(i) of Act 8 of 2008.]
(6) The Commissioner shall, where the Commissioner rejects an application under sub-section (5), inform the applicant of the reasons therefore.
[S 9 subs by s 6 of Act 30 of 1997; s 9(6) ins by s 6(c) of Act 8 of 2008.]
10. Continuation of trade unions Act
Every trade union established by, and registered in accordance with, section 6 of the Industrial Relations Act, 1990, is hereby continued as if established and registered under this Act.
11. Constitution of trade unions
(1) The Constitution of a trade union in force immediately before the commencement of this Act shall continue in force in so far as it is not written law or until it is amended or replaced under this Act.
(2) The Constitution of every trade union registered under this Act and every amended thereof shall be registered with the Commissioner and shall be accompanied by a duly certified copy of the resolution adopting the constitution or amendment thereof signed by the executive board.
(3) The Constitution of every trade union registered under this Act—
(a) shall not be amended to the extent that the amendment becomes inconsistent with the freedom of association enshrined in Constitution or with any other written law; and
(b) shall include provisions set out in the Schedule to this Act.
[S 11 subs by s 7 of Act 30 of 1997.]
12. Cancellation of certificate of registration of trade union
(1) The Commissioner shall, after obtaining the approval of the Minister, cancel the certificate of registration of a trade union-
(a) at the request of the trade union which has resolved to be dissolved and an application has been made in the prescribed form;
(b) if the certificate of registration has been obtained by fraud or mistake;
(c) if the trade union has willfully violated any of the provisions of this Act; or
(d) if the trade union is dormant.
(2) Where the Commissioner intends to cancel the certificate of registration under paragraph (b) or (c) of sub-section (1), he shall, at least three months before cancelling the certificate, give notice in writing to the union and the union may make representations to the Commissioner within that period of notice.
(3) The Commissioner may, after receipt from the trade union of representations, if any, and after the expiration of the three months notice, cancel the certificate of registration and shall notify the trade union accordingly.
(4) A trade union whose registration is cancelled shall have a right of appeal to the Court in accordance with the provisions of section 13.
(5) A trade union whose certificate of registration has been cancelled under this section shall, from the time of such cancellation, cease to operate as a trade union and shall be dissolved unless an appeal against such cancellation is preferred under section 13 to the Court:
Provided that in the case of any cancellation, other than cancellation made under paragraph (a) of sub-section (1), in respect of which no appeal is preferred to the court, the cancellation shall not have effect until the Court confirms the cancellation.
13. Appeal from decisions Commissioner
(1) Any person aggrieved by any refusal of the Commissioner to register a trade union, or by any decision to register an organisation as a trade union, or by the cancellation of a certificate of registration, may appeal, to the Court not later than 90 days after the notification of such refusal, decision or cancellation, as the case may be.
[S 13(1) am by s 7 of Act 8 of 2008.]
(2) The Commissioner shall have the right to be heard on any appeal preferred under sub-section (1).
(3) The Chairman may make rules governing such appeals, providing for the method of tendering evidence, prescribing the procedure to be followed, the fees to be paid, and notices to be given to the Commissioner.
(4) The Court, in an appeal referred to in sub-section (1), may—
(a) set aside the decision of the Commissioner refusing the registration of a trade union or cancelling a certificate of registration, if it is satisfied that grounds exist which qualify or entitle such trade union to be registered, or if it is satisfied that the cancellation of the certificate of registration should not have been made; and order the Commissioner to register the trade union or order the Commissioner to restore the certificate of registration subject to such conditions, if any, as the Court may specify;
(b) dismiss the appeal; or
(c) make such other as it considers appropriate in the circumstances.
[S 13(4) ins by s 8 of Act 30 of 1997.]
14. Change of name or address of trade union
(1) Subject to sub-section (5) of section 9, a trade union may, in accordance with the provisions of its constitution, change its name on payment of the prescribed fees.
[S 14(1) am by s 9 of Act 30 of 1997, s 2 of Act 19 of 2017.]
(2) Notice in writing of every change of name, signed by seven members, and countersigned by the executive officer of the executive committee of a trade union, shall be sent to the Commissioner within 30 days of the change, and the Commissioner shall register the change of name if he is satisfied that the change complies with sub-section (1).
(3) No change of name shall affect any right or obligation of a trade union or of any member, and legal proceedings in respect of such right or obligation may be commenced or, if pending, continued by, or against, the trustees of the trade union or any other officer who may sue or be sued on behalf of such trade union, notwithstanding its new name.
(4) Notice in writing of every change in the address of the registered office of a trade union shall be sent to the Commissioner within 30 days of the change, and the Commissioner shall register the change of address.
(5) Failure to send a notice as required by sub-section (2) or (4), as the case may be, shall render the executive officer of a trade union liable, upon conviction, to a fine not exceeding twenty penalty units for every day during which the failure continues.
[S 14(5) am by Act 13 of 1994.]
15. Amalgamation of trade unions
(1) Two or more trade unions may, in accordance with the provisions of their respective constitutions, amalgamate as one trade union and the new trade union so formed shall be registered in accordance with the provisions of this Act on payment of the prescribed fees.
[S 15(1) am by s 3 of Act 19 of 2017.]
(2) Any legal proceedings in respect of any rights or obligations of a trade union which has amalgamated with another trade union may be commenced, be continued, if pending, by, or against, the trade union formed as a result of the amalgamation.
16. Voluntary dissolution of trade union
(1) When it is intended to dissolve a trade union voluntarily, notice of such intention, signed by the members of the executive committee of the trade union and a copy of the resolution to dissolve the trade union, shall be sent to the Commissioner with a copy to a federation of trade unions, if the trade union is affiliated to it, and a federation of trade unions may comment on the intended dissolution within 14 days of the receipt of the notice.
[S 16(1) am by s 10(a) of Act 30 of 1997.]
(2) If the Commissioner is satisfied that the intended dissolution of a trade union is in accordance with its constitution, the Commissioner shall approve the dissolution of such trade union.
(3) The Commissioner shall notify his approval to the trade union, a federation of trade unions, if the trade union is affiliated to it.
[S 16(3) am by s 10(b) of Act 30 of 1997.]
(4) The dissolution shall become effective from the date the Commissioner approves such dissolution.
(5) Where a trade union is dissolved under sub-section (2) or dissolved under sub-section (5) of section 12-
(a) the property of the trade union shall vest in the liquidator appointed by the Commissioner who shall have all the powers to recover, realise and sell such property as a trustee in bankruptcy has in relation to bankrupt's property under the Bankruptcy Act and Part V of the Bankruptcy Act relating to remuneration and costs shall, with the necessary modifications, apply to such liquidator;
(b) the Commissioner shall, within 30 days of the appointment of a liquidator under paragraph (a), notify the national centre to which the trade union is affiliated, of the appointment of the liquidator; and
[S 16(5)(b) ins by s 8(a) of Act 8 of 2008.]
(c) the liquidator shall proceed to wind up the affairs of the trade union and, after satisfying and providing for all the debts or other liabilities of the trade union, prepare a scheme for the application of its remaining assets or property for purposes likely to benefit the former members of the dissolved trade union; or distribute the assets or property or the proceeds among its former members, as the Commissioner may determine.
[S 16(5)(b) renumbered as s 16(5)(c) by s 8(b) of Act 8 of 2008.]
(6) No action or other proceedings shall lie or be instituted against the liquidator in respect of anything done or omitted to be done in good faith in the exercise or purported exercise of his functions under this Act.
17. Existing trade unions and Congress
(1) From the commencement of this Act—
(a) a trade union with a valid certificate of registration issued before the commencement of this Act and which was affiliated to the Congress before the commencement of this Act, shall, subject to paragraph (b) continue to be affiliated to it;
(b) a trade union affiliated to the Congress before the commencement of this Act may, in accordance with the provisions of its constitution, cease to be affiliated to the Congress;
(c) a trade union registered under this Act may, in accordance with its constitution, be affiliated to a federation of trade unions of its choice;
(d) two or more registered trade unions which have ceased, in accordance with their constitutions, to be affiliated to the Congress, or which were not affiliated to the Congress or a federation of trade unions may, in accordance with their constitutions, establish or form a federation of trade unions of their choice and shall register the federation under this Act; and
(e) a registered trade union affiliated to a federation of trade unions shall have rights and privileges specified in the constitution of that federation of trade unions.
[S 17(1) subs by s 11 of Act 30 of 1997.]
(2) Every registered trade union shall, upon request, supply a copy of its current constitution to every person who becomes a member of that trade union.
[S 17(2) subs by s 11 of Act 30 of 1997.]
(3) Any person who, with intent to mislead or defraud-
(a) gives to any member of a registered trade union or to any person intending or applying to become a member of such trade union, a copy of a constitution or any amendment to it other than the current version purporting that it is the current constitution of such trade union or current amendment to it, as the case may be; or
(b) gives to any person a copy of any constitution purporting it to be a constitution of a registered trade union when it is not registered;
shall be guilty of an offence and shall be liable, upon conviction-
(i) for misleading, to a fine not exceeding four hundred penalty units; or
(ii) to a fine not exceeding eight hundred penalty units where there was an intention to defraud; and
in addition, may be prohibited from holding office in a trade union for such period as the Court may determine.
[S 17(3)(b) am by Act 13 of 1994.]
18. Disqualification from election or appointment as officer of trade union
(1) No person shall be qualified for election or appointment as an officer of a trade union if he-
(a) has not been engaged or employed for a period of 12 months or more in the trade, occupation or industry with which the trade union is directly concerned:
Provided that the trade union may, if satisfied as to the suitability of a particular candidate, allow him to stand for such election, or be appointed, notwithstanding that he has been so engaged or employed for a period of less than 12 months;
(b) having been an officer (or a member of the executive) of a trade union whose certificate of registration has been cancelled under section 11, fails to satisfy the Commissioner that he did not contribute to the circumstances leading to such cancellation;
(c) has been convicted of an offence involving dishonesty within a period of five years preceding the election or appointment;
(d) is an undischarged bankrupt;
(e) is of unsound mind;
[S 18(1)(e) am by s 9(a) of Act 8 of 2008.]
(f) has been suspended, under its constitution, from holding office in the trade union and his suspension has not been revoked, or the period for which he was suspended has not expired; or
[S 18(1)(f) am by s 12(a) of Act 30 of 1997, s 9(b) of Act 8 of 2008.]
(g) is an officer of a trade union or trade union secretariat who is not employed outside the trade union or trade union secretariat.
[S 18(1)(g) am by s 9(c) of Act 8 of 2008.]
(2) An officer of a trade union shall cease to hold office if any circumstances arise which would disqualify him under sub-section (1) for election as an officer.
(3) No person who is a full-time officer of a trade union shall be a full-time officer of any other trade union or of a federation of trade unions unless he resigns from his first office.
[S 18(3) am by s 12(b) of Act 30 of 1997.]
(4) The Commissioner may call for such documentation and information, as he may think necessary, from the executive committee or any officer of a trade union in order to ensure that the provisions of this section are being complied with.
(5) Any person who acts or purports to act as an officer of a trade union after being disqualified under this section to hold office in a trade union shall be guilty of an offence and liable, upon conviction, to a fine not exceeding four hundred penalty units and in addition may be prohibited from holding office in any trade union for a period determined by the Court.
[S 18(5) am by Act 13 of 1994.]
19. Information about elections of trade union, etc.
(1) Where a trade union holds an election to fill any office, the trade union shall, within 30 days of the election or appointment, notify, in writing, the Commissioner, and a federation of trade unions, if the trade union is affiliated to it, of the result of the election or appointment, as the case may be.
[S 19(1) am by s 13 of Act 30 of 1997.]
(2) Failure to comply with sub-section (1) shall render the executive officer of the trade union guilty of an offence and liable, upon conviction, to a fine not exceeding ten penalty units for every day during which such failure continues.
[S 19(2) am by Act 13 of 1994.]
(3) The name and office of every office holder and trustee of the trade union shall be exhibited in a prominent place at the registered office, and at every branch office, of the trade union.
20. Injunction against officer of trade union
Any member or officer of a trade union or any officer of a federation of trade unions, if the trade union is affiliated to it, who has reasonable grounds to believe that a person who is disqualified from holding office has been elected or appointed as an officer of trade union or that there is a reasonable case against such person for the fraudulent misuse of trade union funds, may, not later than 30 days from the date of election or appointment to the office or becoming aware of the fraudulent misuse of trade union funds, apply to the Court and the Court may grant such relief or remedy as it may consider just in the circumstances.
[S 20 subs by s 13 of Act 30 of 1997.]
21. Annual report of accounts of trade union
(1) As soon as practicable, but not later than 12 months after the expiry of each financial year of the trade union, the executive officer of every trade union shall submit to the Commissioner a report concerning the financial affairs of the trade union during that financial year.
(2) The report referred to in sub-section (1) shall include information on the financial affairs of the trade union and there shall be appended to it-
(a) an audited balance sheet;
(b) an audited statement of revenue and expenditure; and
(c) such other information as the Commissioner may require.
(3) The Commissioner shall, where the Commissioner has reasonable grounds to believe that Amendment the officers of a trade union have misused, misapplied or misappropriated the funds of the trade union or used the funds for purposes contrary to the objects of the constitution of the trade union, appoint an independent auditor to audit the books of account of the trade union.
[S 21(3) ins by s 10(a) of Act 8 of 2008.]
(4) The auditor appointed under sub-section (3) -
(a) shall conduct a preliminary investigation into the books of account of the trade union; and
(b) may for purposes of auditing the books of account of a trade union, recommend to the Commissioner that the officers of the trade union be suspended.
[S 21(4) ins by s 10(a) of Act 8 of 2008.]
(5) The Commissioner shall, where the auditor makes a recommendation under paragraph (b) of section (4)—
(a) recommend the suspension of a fade union member or executive body, as the case may be, to the Tripartite Consultative Labour Council constituted under section 79;
(b) request the membership to nominate from amongst themselves the members to constitute an interim committee of the trade union; and
(c) appoint from among the nominations submitted under paragraph (b), an interim committee to oversee the operations of the trade union.
[S 21(5) ins by s 10(a) of Act 8 of 2008.]
(6) Where the report of an auditor appointed under sub-section (3) establishes that the officers of a trade union have misused, misapplied or misappropriated the funds or used the funds for purposes contrary to the objects of the constitution of the trade union, the Commissioner shall recommend the removal of a trade union member or dissolution of the Board, as the case may be, to the Tripartite Consultative Labour Council constituted under section 79.
[S 21(6) ins by s 10(a) of Act 8 of 2008.]
(7) An executive officer of a trade union who, without good cause, fails to comply with this section shall be guilty of an offence and liable, upon conviction, to a fine not exceeding two hundred thousand penalty units and may be prohibited from holding office in any trade union for a period not exceeding five years.
[S 21(3) am by s 10(b) and renumbered as s 21(7) by s 10 (c) of Act 8 of 2008.]
22. Deduction of subscription by agreement
(1) An employer may, by agreement with an eligible employee, deduct the amount of subscription prescribed by the constitution of the trade union from the wages of such eligible employee if the employee is a member of such trade union.
(2) An eligible employee may, at any time, withdraw the agreement referred to in sub-section (1), by giving three months notice, in writing, to the trade union concerned.
(3)…
[S 22(3) rep by s 15 of Act 30 of 1997.]
(4)…
[S 22(4) rep by s 15 of Act 30 of 1997.]
(5)…
[S 22(5) rep by s 15 of Act 30 of 1997.]
(6)…
[S 22(6) rep by s 15 of Act 30 of 1997.]
(7)…
[S 22(7) rep by s 15 of Act 30 of 1997.]
(8)…
[S 22(8) rep by s 15 of Act 30 of 1997.]
(9) The Minister may make regulations to give effect to the provisions of this section.
23. Remittance of subscription
(1) An employer shall, not later than 14 days after the end of each month, remit the subscription in the manner prescribed in the agreement.
(2)…
[S 23(2) rep by s 16 of Act 30 of 1997.]
(3)…
[S 23(3) rep by s 16 of Act 30 of 1997.]
(4)…
[S 23(4) rep by s 16 of Act 30 of 1997.]
24. Acquisition of land by trade unions
A trade union may purchase or take on lease in the name of the trustee of the trade union any land and sell, exchange, mortgage or let the land, and no purchaser, assignee, mortgagee or tenant shall inquire whether the trustee has authority for the sale, exchange, mortgage or letting, and the receipt of the trustees shall be a valid discharge for the moneys arising therefrom.
25. Property of trade union to vest in trustees
All real and personal property belonging to any trade union shall vest in trustees of the trade union, for the use and benefit of the trade union and the members.
26 .Actions by or against trustees of trade unions
The trustees of a trade union, or any other officer of the trade union, who may be authorised so to do by the constitution shall have power to bring or defend or cause to be brought or defended, any action, suit or proceedings, whether civil or criminal, as the case may be, in any court of law, concerning the property, or any right or claim to property of the trade union and shall have power in all cases concerning the real or personal property of the trade union, to sue and be sued in court, in their proper names, without other description than the title of their office.
27. Limitation of liability of trustees of trade unions
A trustee of a trade union shall not be liable to make good any deficiency occurring in the funds of the trade union unless such deficiency occurred due to neglect or wilful default on the part of the trustee.
PART III
FEDERATION OF TRADE UNIONS
[Am by s 17 of Act 30 of 1997.]
28. Continuation of Congress as federation of trade unions
The Congress formed and registered before the commencement of this Act, shall continue to exist as a body corporate and shall be deemed to be registered as a federation of trade unions under this Act.
[S 28 subs by s 18 of Act 30 of 1997.]
29. Constitution of federation of trade unions
The provisions of section 11 shall, with necessary modification apply, to a federation of trade unions registered under this Act.
[S 29 subs by s 19 of Act 30 of 1997.]
30. Qualification and disqualification from election or appointment as officer of a federation of trade unions
(1) No person shall be qualified for election or appointment as an officer of a federation of trade unions if-
(a) he has been an officer, or a member of the executive, of a trade union the certificate of registration of which has been cancelled under section 12 and he fails to satisfy the Commissioner that he did not contribute to the circumstances leading to such cancellation or dissolution;
(b) he has been convicted of an offence involving dishonesty within five years preceding the election or appointment;
(c) he is an undischarged bankrupt;
(d) he is of unsound mind;
(e) he has been suspended, under the Constitution of a federation of trade unions, from holding office in a federation of trade unions and his suspension has not been revoked, or the period for which he was suspended has not expired.
[S 30(1)(e) am by s 20(b) of Act 30 of 1997.]
(2) An officer of a federation of trade unions shall cease to hold office if any circumstances arise which would disqualify him under sub-section (1) for election as an officer.
(3) No person who is a full time officer of a federation of trade unions shall be a full time officer of any trade union.
(4) The Commissioner may call for such documentation and information, as he may think necessary, from the executive committee or any officer of a federation of trade unions to ensure that the provisions of this section are complied with.
(5) Any person disqualified under this section to hold office in a federation of trade unions who acts or purports to act as an officer of a federation of trade unions, shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding four hundred penalty units and may be prohibited from holding office in a trade union for a period determined by the Court.
[S 30 am by Act 13 of 1994, s 20(a) of Act 30 of 1997.]
{mprestriction ids="2,3,5"}
31. Information about elections of a federation of trade unions, etc
(1) Where a federation of trade unions holds an election to fill any office in a federation of trade unions or makes an appointment to any office, the executive officer of a federation of trade unions shall, within 30 days of such election or appointment, notify the Commissioner, in writing, of such appointment or of the result of such election, as the case may be.
[S 31(1) am by s 21(b) of Act 30 of 1997.]
(2) Failure to comply with sub-section (1) shall render the executive officer of a federation of trade unions guilty of an offence and liable upon conviction, to a fine not exceeding ten penalty units for every day during which such failure continues.
(3) The name and office of every office holder and trustee of a federation of trade unions shall be exhibited in a prominent place, where possible, at the registered office, and at every registered office of the affiliates of a federation of trade unions.
[S 31 am by Act 13 of 1994, s 21(a) of Act 30 of 1997.]
32. Injunction against officer or a federation of trade unions
Any member or officer of a trade union affiliated to a federation of trade unions may apply to the Court for an injunction prohibiting an officer of a federation of trade unions from holding office or dealing with the funds of a federation of trade unions, and the Court may, if it is satisfied that such officer of a federation of trade unions is disqualified under section 30 from holding office in a federation of trade unions or that there is a pending case against such officer for the fraudulent misuse of the funds of a federation of trade unions, grant such application and make the necessary order.
[S 32 am by s 22 of Act 30 of 1997.]
33. Annual report of accounts of a federation of trade unions
Section 21 shall apply, with the necessary modifications, to a federation of trade unions and its executive officer.
[S 33 am by s 23 of Act 30 of 1997.]
34. Relations between a federation of trade unions
(1) Notwithstanding the other provisions of this Act relating to the affiliation of trade unions to a federation of trade unions, each trade union shall maintain its separate status and shall have the right to organise itself as it considers fit in accordance with its constitution.
(2) A federation of trade unions shall have no jurisdiction over any trade union affiliated to it in any domestic management or domestic matter unless such matter has been referred to the Congress by the trade union.
(3) A trade union or a federation of trade unions may affiliate to a trade union or organisation outside Zambia by a simple majority decision of the members present and voting at a general conference of the trade union or a federation of trade unions and shall inform the Commissioner within 21 days of such affiliation.
(4) A trade union or a federation of trade unions may receive outside material, technical or financial assistance and shall inform the Commissioner of such assistance within 30 days of such receipt.
[S 34(4) am by s 11 of Act 8 of 2008.]
(5) Subject to the other provisions of this Act, a federation of trade unions shall have general jurisdiction over trade unions affiliated to it, on-
(a) any issue requiring adoption of a common policy position affecting the affiliated trade unions;
(b) the provision of professional and technical advisers to trade unions involved in negotiations with employers associations or litigation; and
(c) the submission of such information, data, documentation, annual reports and financial statements as a federation of trade unions may stipulate from time to time.
[S 34 am by s 24 of Act 30 of 1997.]
35. Dispute between trade unions
(1) Where a dispute arises between two or more trade unions affiliated to the same federation of trade unions, the parties to that dispute shall refer the dispute to the federation of trade unions for resolution by reconciliation.
(2) If a federation of trade unions fails to resolve the dispute, such dispute shall be referred to it under sub-section (1), the dispute shall be referred to the Commissioner for arbitration, subject to appeal to the Court.
(3) Where the dispute involves trade unions not affiliated to any federation of trade unions, or any party to that dispute is not affiliated to any federation of trade unions, either party to the dispute may refer the dispute to the Commissioner for arbitration, subject to appeal to the Court.
[S 35 subs by s 25 of Act 30 of 1997.]
PART IV
EMPLOYERS' ORGANISATIONS
[Am by s 26 of Act 30 of 1997.]
36. Registration and consequences of non-registration of employer's associations
(1) Every employer's organisation shall, subject to section 40, apply to the Commissioner for registration under this Act within six months from the date of its formation on payment of the prescribed fees.
[S 36(1) subs by s 27(a) of Act 30 of 1997; am by s 4 of Act 19 of 2017.]
(2) If the Commissioner refuses to register an association, the association shall be dissolved within six months from the date of the notification of the refusal to register.
(3) Every officer of an employers’ organisation which is not registered or dissolved, as the case may be, within the period prescribed in sub-section (1) or (2), shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding one hundred and eleven penalty units for every day that the employer's organisation remains unregistered or undissolved, as the case may be, after the expiration of such period, and in addition, every such officer may be prohibited from holding office in any employer's organisation for such period as may be determined by the Court.
[S 36(3) ins by s 27(b) of Act 30 of 1997.]
(1) Subject to this Act-
(a) employers shall have the right to participate in the formation of, and to join, an association and to participate in the lawful activities of such employer's organisation;
(b) nothing contained in any law shall prohibit any employer from being or becoming a member of any employer's organisation lawfully in being or subject the employer to any penalty by reason of the employer's membership of any such employer's organisation;
(c) no person shall impede, interfere with, or coerce, an employer in the exercise of his rights under this Act;
(d) no person shall subject an employer to any form of discrimination on the ground that the employer is or is not a member of any employer's organisation;
(e) no person shall subject another person to any form of discrimination on the ground that the person holds office in an association; and
(f) no person shall impede or interfere with the lawful establishment administration or functioning of an employer's organization.
(2) No employee shall cease or suspend doing work for his employer on the ground that the employer-
(a) is or is not a member or holds or does not hold office, in an employer's organisation;
(b) participates in the lawful activities of an employer's organisation;
(c) has appeared as a complainant or as a witness or has given evidence in any proceedings before the Court or any other court; or
(d) is or has become entitled to any advantage, award, benefit or compensation in consequence of a decision made by the Court or any other court in favour of the employer, or in favour of an employer's organisation or class or category of employers to which such employer belongs, either against such employee or against the trade union or class or category of employees to which such employee belongs or against any other person.
(3) Any person who contravenes any provisions of this section shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding four hundred penalty units and may be prohibited from holding office in a trade union for such period as the Court may determine.
[S 37 am by Act 13 of 1994, s 28 of Act 30 of 1997.]
[S 38 rep by s 29 of Act 30 of 1997.]
39. Acts or unregistered employer's organisation and its officers
(1) No employer's organisation or any of its officers shall perform any act in furtherance of the objects for which it has been formed unless such employer's organisation is registered under this Act.
(2) Where an employer's organisation, or any of its officers, contravene sub-section (1), every officer of the employers organisation shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding two hundred penalty units, and every officer may, in addition, be prohibited from holding office in any other employers organisation for such period as may be determined by the Court.
[S 39 subs by s 30 of Act 30 of 1997.]
40. Application for registration of association
(1) An application for registration as an employer's organisation shall be submitted to the Commissioner in such form as may be prescribed by the Minister.
(2) Every application to register as an employer's organisation shall be submitted under sub-section (1) by not less than five members of the proposed employer's organisation or such a lesser number as Commissioner may accept to form an employer's organisation and shall be accompanied by-
(a) two duly certified copies of the constitution; and
(b) such other information or documents as may be required by the commissioner by notice in writing addressed and delivered to the prospective officers of the proposed employers organisation within such period as may be determined by the Commissioner and specified in such notice.
(3) On being satisfied that the organisation applying for registration as an employer's organisation has complied with the provisions of registration under this Act and that its constitution provides for matters set out in the Schedule to this Act, the Commissioner shall register the organisation as an employer's organisation and issue the employer's organisation with a certificate of registration in prescribed form upon payment of the prescribed fee.
(4) A certificate of registration issued under sub-section (3) unless provided to have been withdrawn or cancelled, shall be prima facie evidence that the provisions of this Act relating to registration of employer's organisations have been complied with.
(5) No organisation shall be registered as an employer's organisation-
(a) under a name identical to, or by which, any other employer's organisation has been registered or so nearly resembles such name as to be likely to deceive its own members or members of the public; or
(b) if it does not comply with the conditions of registration prescribed, in consultation with the Tripartite Consultative Labour Council, under this Act.
[S 40 subs by s 31 of Act 30 of 1997.]
41. Continuation of Employer's Organisation
Every employer's organisation established by, and registered in accordance with, section 39 of the Industrial Relations Act, 1990, is hereby continued as if established and registered under this Act.
[S 41 am by s 32 of Act 30 of 1997.]
42. Constitution of employer's organisation
(1) The constitution or every employer's organisation in force immediately before the commencement of this Act shall continue in force so far as it is not inconsistent with this Act, the Constitution or any other written law or until it is replaced or amended under this Act.
(2) The constitution of every employer's organisation and every amendment thereof shall be registered with the Commissioner and shall be accompanied by a copy of the resolution adopting the constitution or amendment thereof signed by the executive board.
(3) The constitution of every employer's organisation-
(a) shall not be amended to the extent that the amendment shall be inconsistent with the freedom of association enshrined in the Constitution, or with any other written law; and
(b) shall include provisions on the matters set out in the Schedule to this Act.
[S 42 subs by s 33 of Act 30 of 1997.]
43. Disqualification from election or appointment as officer of employer's organisation
(1) No person shall be qualified for election as an officer of an employer's organisation if-
(a)he, or a member of the executive, of an employer's organisation the certificate of registration of which has been cancelled under this Act, fails to satisfy the Commissioner that he did not contribute to the circumstances leading to the cancellation;
(b) he has been convicted of an offence involving dishonesty within a period of five years preceding such election;
(c) he is of unsound mind;
(d) he is an undischarged bankrupt; or
(e) he has been suspended, under this Act or the constitution of the employer's organisation, from holding office in the association and his suspension has not been revoked, or the period for which he was suspended has not expired.
(2) An officer of an employer's organisation shall cease to hold office if circumstances arise which would disqualify him under sub-section (1) for election as an officer.
(3) No person who is a full-time officer of an association shall be a full-time officer of any other employer's organisation or Federation unless he resigns from his first office.
(4) The Commissioner may call for such documentation and information which he considers necessary from the executive committee or any officer of an employer's organisation to ensure that the provisions of this section are being complied with.
(5) Any person who being disqualified under this section to hold office in any employer's organisation, acts or purports to act as an officer of that employer's organisation shall be guilty of an offence and liable upon conviction, to a fine not exceeding four hundred penalty units and may be prohibited from holding office in any association for such period as the court may determine.
[S 43 am by Act 13 of 1994, s 34 of Act 30 of 1997.]
44. Information about elections of employer's organisation, etc
(1) Where an employer's organisation holds an election to fill any office in the employer's organisation or makes an appointment to any office, the executive officer of the employer's organisation shall, within 30 days of the election or appointment, notify the Commissioner and the Federation if the employer's organisation is affiliated to it in writing, of the result of the election, or of the appointment, as the case may be.
(2) An executive officer who fails to comply with sub-section (1) shall be guilty of an offence and liable, upon conviction to a fine not exceeding ten penalty units for every day during which the failure continues.
(3) The name and office of every office holder and trustee of the association shall be exhibited in a prominent place at the registered office, and at every branch of the employer's organisation.
[S 44 am by Act 13 of 1994, s 35 of Act 30 of 1997.]
45. Court process against officer of employer's organisation
Any member or officer of an employer's organisation or any officer of a federation of employer's organisations, if the employer's organisation is affiliated to it, who has reasonable grounds to believe that a person who is disqualified from holding office has been elected or appointed as an officer of an employer's organisation or that there is a reasonable case against such person for the fraudulent misuse of employer's organisation funds, may, not later than 30 days from the date of election or appointment to such an office or of becoming aware of the fraudulent misuse of funds, apply to the Court and the Court may grant such relief or remedy as it may consider just in the circumstances.
[S 45 subs by s 36 of Act 30 of 1997.]
46. Cancellation of certificate of registration
(1) The Commissioner may, with the approval of the Minister, cancel the certificate of registration of an employer's organisation -
(a) at the request of the employer's organisation which has resolved to be dissolved and the application has been made in the prescribed form;
(b) if the certificate of registration has been obtained by fraud or mistake; or
(c) if the employer's organisation has willfully violated any of the provisions of this Act.
(2) Where the Commissioner intends to cancel the certificate of registration of an employer's organisation under paragraphs (b) or (c) of sub-section (1), he shall at least three months before cancelling the certificate, give notice to the employer's organisation concerned, specifying the grounds upon which he intends to rely for the intended cancellation.
(3) The employer's organisation referred to in sub-section (2) may make representations to the Commissioner in opposition to the grounds contained in the notice.
(4) The Commissioner may, after the receipt from the employer's organisation of representations, if any, and after the expiration of the three months notice, cancel the certificate of registration and shall notify the employer's organisation accordingly.
(5) An employer's organisation whose certificate of registration is cancelled may appeal to the Court.
(6) An employer's organisation whose certificate of registration is cancelled shall from the time of the cancellation cease to operate as an association and shall be dissolved unless an appeal against the cancellation is preferred:
Provided that in the case of any cancellation other than a cancellation made under paragraphs (a) and (c) of sub-section (1), in respect of which no appeal is preferred to the Court, the cancellation shall not have effect until it is referred to the Court for confirmation.
[S 46 am by s 37 of Act 30 of 1997.]
47. Appeal from decisions of Commissioner
(1) Any person aggrieved by a refusal of the Commissioner to register an employer's in employer's organisation, or by the cancellation of a certificate of registration, may appeal to the Court within 30 days of the notification of refusal, decision or cancellation, as the case may be.
[S 47(1) am by s 38(a) of Act 30 of 1997.]
(2) The Commissioner shall be entitled to appear and to be heard on any appeal made under sub-section (1).
(3) The Chairman may make rules governing appeals, provide for the method of tendering evidence, prescribe the procedure to be followed, the fees to be paid, and notices to be given to the Commissioner.
(4) The Court may in an appeal referred to in sub-section (1)-
(a) set aside the decision of the Commissioner refusing the registration of an employer's organisation or cancelling a certificate of registration if it is satisfied that grounds exist which qualify or entitle such employer's organisation to be registered, or it is satisfied that the cancelling or the certificate of registration should not have been made; and order the Commissioner to register the employer's organisation or order the Commissioner to restore the certificate of registration, subject to such conditions, if any, as the Court may specify;
(b) dismiss the appeal; or
(c) make such other order as it may consider appropriate in the circumstances.
[S 47(4) ins by s 38(b) of Act 30 of 1997.]
48. Change of name or address of employer's organisation
(1) Subject to sub-section (5) of section 40 an employer's organisation may, in accordance with the provisions of its constitution, change its name.
[S 48(1) am by s 39(a) of Act 30 of 1997.]
(2) Notice in writing of every change of name, signed by all the members of the executive committee of an employer's organisation shall be submitted to the Commissioner within 30 days of the change and the Commissioner shall register the change of name if he is satisfied that the change complies with sub-section (1) on payment of the prescribed fees.
[S 48(2) am by s 5 of Act 19 of 2017.]
(3) No change of name shall affect any right or obligation of an employer's organisation or of any member of the employer's organisation, and any legal proceedings in respect of the right or obligation of the employer's organisation may be commenced or continued, if pending, by or against the trustees of the employer's organisation or any other officer who may sue or be sued on behalf of the employer's organisation, notwithstanding its new name.
(4) Notice in writing of every change in the address of the registered office of an employer's organisation shall be sent by its executive officer to the Commissioner for registration within 30 days of the change of address.
(5) Failure to send a notice as required by sub-section (2) or (4), shall render the association and its executive officer liable, upon conviction, to a fine not exceeding twenty penalty units each for every day during which the failure continues.
[S 48 am by Act 13 of 1994, s 39(b) of Act 30 of 1997.]
49. Amalgamation of employer's organisations
(1) Two or more employer's organisations may amalgamate as one employer's organisation and the new employer's organisation shall be registered in accordance with this Act on payment of the prescribed fees.
[S 49(1) am by s 6 of Act 19 of 2017.]
(2) Any legal proceedings in respect of any rights or obligations of an employer's organisation which has amalgamated with another employer's organisation may be commenced or be continued, if pending, by or against the employer's organisation formed as a result of the amalgamation.
[S 49 am by s 40 of Act 30 of 1997.]
50. Voluntary dissolution of employer's organization
(1) Where an employer's organisation is to be dissolved voluntarily, a notice of the intention to dissolve the employer's organisation signed by all the members of the executive of the employer's organisation and an authenticated copy of the minutes and resolution passed making the decision shall be submitted to the Commissioner with a copy to the Federation of employer's organisation, if the employer's organisation is affiliated to it, which may comment on the intended dissolution within 14 days of receipt of the notice.
(2) If the Commissioner is satisfied that the intended dissolution of an employer's organisation is in accordance with its constitution he may approve the dissolution of the employer's organisation and the dissolution shall be effective from the date the Commissioner accords his approval.
(3) The Commissioner shall notify his approval to the employer's organisation and the Federation of employer's organisation, if the employer's organisation is affiliated to it.
(4) Where an employer's organisation is dissolved under sub-section (2) or dissolved under section 46-
(a) the property of the employer's organisation shall vest in the liquidator appointed by the Commissioner who shall have all the powers to recover, realise and dispose of the property as a trustee in bankruptcy has in relation to a bankrupt's property under the Bankruptcy Act and Part V of the Bankruptcy Act relating to remuneration and costs with the necessary modifications, shall apply to such liquidator;
(b) the liquidator shall wind up the affairs of the employer's organisation and, after satisfying and providing for all the debts or other liabilities, prepare a scheme for the application of its remaining assets or property for purposes likely to benefit the former members of the dissolved employer's organisation, or distribute the assets or property or the proceeds among such of its former members as the Commissioner may determine.
(5) No suit or proceeding shall be instituted against the liquidator appointed by the Commissioner for or in respect of anything done or omitted to be done by him in the performance of his functions under this Act.
[S 50 am by s 41 of Act 30 of 1997.]
51. Affiliation of employer's organisation before commencement of Act
(1) From the commencement of this Act-
(a) an employer's organisation with a valid certificate of registration issued before the commencement of this Act which was affiliated to the Federation before the commencement of this Act shall be subject to paragraph (b), continue to be affiliated to it.
(b) and employer's organisation affiliated to the Federation before the commencement of this Act or affiliated to a federation of employer's organisation after commencement of this Act, may, in accordance with the provisions of its constitution, cease to be affiliated to the Federation or a federation of employer's organisation, as the case may be;
(c) an employer's organisation registered under this Act may, accordance with its constitution, be affiliated to a federation of employer's organisations of its choice;
(d) two or more registered employer's organisation which have ceased to be affiliated to the Federation before the commencement of this Act, or which are not affiliated to any federation of employer's organisation may, in accordance with their constitution establish a federation of employer's organisations of their choice and shall register the federation under this Act; and
(e) a registered employer's organisation affiliated to a federation of employer's organization shall have the rights and privileges specified in the constitution of that Federation of employer's organisations.
(2) Every registered employer's organisation shall, upon request, supply a copy of its constitution and every amendment thereof to every member of that employer's organisatios.
[S 51 subs by s 42 of Act 30 of 1997.]
52. Annual report of accounts of employer's organisation
Section 21 shall apply, with the necessary modifications, to an employer's organisation or executive officer as it applies to a trade union and its executive officer.
[S 52 am by s 43 of Act 30 of 1997.]
53. Acquisition of land by employer's organisation and vesting of property
Section 25 shall apply, with the necessary modifications, to an employer's organisation and its trustees as it applies to a trade union and its trustees.
[S 53 am by s 44 of Act 30 of 1997.]
54. Actions by or against trustees of employer's organisation and limitation of their liability
Sections 26 and 27 shall apply, with the necessary modifications, to an employer's organisation and its trustees as they apply to a trade union and its trustees.
[S 54 am by s 45 of Act 30 of 1997.]
PART V
FEDERATIONS OF EMPLOYERS ORGANISATION
[Am by s 46 of Act 30 of 1997.]
55. Continuation of Federation
The Zambia Federation of Employers formed and registered before the commencement of this Act shall continue to exist as a body corporate and shall be deemed to be registered as a federation employer's organisation under this Act.
[S 55 subs by s 47 of Act 30 of 1997.]
56. Continuation of Federation of employer's organisation
The provisions of section 33 shall with necessary modification apply to a federation of employer's organisations registered under this Act.
[S 56 subs by s 48 of Act 30 of 1997.]
57. Relations between Federation of employer's organisation and employer's associations
Section 34 shall apply to the relationship between the Federation of employer's organisation and employer's organisation, with the necessary modifications, as it applies to a federation of trade unions.
[S 57 am by s 49 of Act 30 of 1997.]
58. Disqualification from election or appointment as officer of Federation of employer's organization
(1) No person shall be qualified for election as an officer of the Federation of employer's organisation if-
(a) he has not, for three years or more, been an officer of an employer's organisation or engaged in a managerial capacity or in the field of personnel management or industrial relations:
Provided that the Federation of employer's organisation may, if it is satisfied as to the suitability of a particular candidate, allow him to stand for such election, notwithstanding that he does not qualify under this paragraph;
(b) he, having been an officer or a member of the executive of any employer's organisation, the registration of which has been cancelled under the provisions of this Act, fails to satisfy the Commissioner that he did not contribute to the circumstances leading to the cancellation;
(c) he has been convicted of an offence involving dishonesty within a period of five years preceding the election or appointment;
(d) he is an undischarged bankrupt;
(e) he is of unsound mind; or
(f) he has been suspended, under the Constitution of the Federation of employer's organisation, from holding office in the Federation of employer's organisation and his suspension has not been revoked, or the period for which he was suspended has not expired.
(2) An officer of the Federation of employer's organisation shall cease to hold office if any circumstances arise which would disqualify him under sub-section (1) for election as an officer.
(3) The Commissioner shall, for the purpose of satisfying himself that the provisions of this section are being complied with, request for such documentation or information, as he may think necessary, from the executive officer of the Federation of employer's organisation.
(4) Any person who, being disqualified under this section from holding office in the Federation of employer's organisation, acts or purports to act as an officer of the Federation of employer's organisation shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding four hundred penalty units and may be prohibited from holding office in the Federation of employer's organisation for a period determined by the Court.
[S 58 am by Act 13 of 1994, s 50 of Act 30 of 1997.]
59. Notification of results of election of Federation of employer's organisation
(1) Where the Federation of employer's organisation holds an election to fill any office in the Federation of employer's organisation or makes appointment to any office, the executive officer of the Federation of employer's organisation shall, within 30 days of the election or appointment, notify the Commissioner and a federation of trade unions, in writing, of the appointment or of the result of the election, as the case may be.
(2) Any executive officer who fails to comply with sub-section (1) shall be guilty of an offence and liable upon conviction, to a fine not exceeding ten penalty units for every day during which such failure continues.
(3) The name and office of every office holder and trustee of Federation of employer's organisation shall be exhibited in a prominent place at the registered office, where possible, and at every registered office of the affiliates of Federation of employer's organisation.
[S 59 am by Act 13 of 1994, s 51 of Act 30 of 1997.]
60. Annual report or accounts of a Federation of employer's organisation
Section 21 shall apply, with the necessary modifications, to a Federation of employer's organisation and its executive officer as it applies to a trade union and its executive officer.
[S 60 am by s 52 of Act 30 of 1997.]
PART VI
FUNDS OF REPRESENTATIVE BODIES
[Am by s 53 of Act 30 of 1997.]
61. Objectives for which funds shall not be expended
(1) Notwithstanding anything contained in the constitution of a representative body, the funds of the representative body, shall be expended for the lawful objects authorised under its constitution.
(2) Any member of, a representative body may apply to the Court for an order to stop such a representative body from applying its funds to objects which have not been authorised by its constitution.
(3) A representative body shall, in accordance with generally accepted accounting principles and procedures-
(a) keep books and records account of its income, expenditure, assets and liabilities;
(b) prepare annual financial statements consisting of income and expenditure and a balance sheet showing its assets, liabilities and financial position at the end of each financial year; and
(c) have its books and records of account and financial statements audited annually by a qualified auditor appointed by the representative body, which audited report shall be submitted to the Commissioner.
(4) The books and records of account of representative body shall be open to inspection by any member of that body.
[S 61 subs by s 54 of Act 30 of 1997.]
(1) Every treasurer, former treasurer or other officer of a representative body shall, at such times as the officer is required by the constitution of such representative body or upon being requested to do so, submit to the trustees or members of that representative body a true account of-
(a) all monies received and disbursed by the officer; and
(b) the balance of monies in hand.
(2) The trustees or members of a representative body shall, on receipt of the account be submitted under sub-section (1), cause the account to be audited.
(3) Notwithstanding sub-section (1), or the constitution of a representative body may appoint an accountant.
(4) The accountant appointed under sub-section (3) shall-
(a) have access to all books of account, records, returns, reports and other documents relating to the transactions of the representative body;
(b) debit the accounts of the representative body with the professional fees and expenses reasonably incurred by the accountant in the performance of duties under this section.
[S 62 subs by s 55 of Act 30 of 1997.]
PART VII
RECOGNITION OF AGREEMENTS
(1) Every employer employing 25 or more eligible employees, or such lesser number as may be prescribed by the Minister, shall register himself with the Commissioner within a period not exceeding three months from the date of coming into operation of this section or, from the date upon which this section becomes applicable to the employer, as the case may be.
(2) The registration shall be in the manner and in the form as may be prescribed:
Provided that an employer registered under the Industrial Relations Act, 1990, shall be deemed to be registered under this Act.
(3) An employer to whom this section applies and who fails without reasonable cause or excuse, (the onus of proof shall lie on the employer), to register in accordance with this section shall be guilty of an offence and liable, upon conviction, to a fine not exceeding one hundred thousand penalty units.
[S 63(3) am by s 12 of Act 8 of 2008.]
64. Duty to enter into recognition agreement
(1) Not later than three months from the date of registration under section 63 a registered employer and a trade union, if any, to which the employees belong, shall enter into a recognition agreement at sector, trade, undertaking, establishment or industry level as the case may be.
[S 64(1) subs by s 56(1) of Act 30 of 1997, am by s 13(a) of Act 8 of 2008.]
(2) Not later than three months from the date of issue of a certificate of registration, an employer's organisation and trade union to which the employees belong, shall enter into a recognition agreement.
[S 64(2) subs by s 56(1) of Act 30 of 1997.]
(3) The Minister may, for good cause, extend the period laid down in sub-section (1) and (2).
(4) A recognition agreement registered under the Industrial Relations Act, 1990, shall be deemed to be registered under this Act.
(5) Where the parties referred to in sub-section (1) or (2), fail to conclude a recognition agreement under this Part, the failure shall be deemed to be a collective dispute and Part IX shall apply, with the necessary modifications.
(6) An employer who contravenes sub-section (1) or (2), commits an offence and is liable, upon conviction, to a fine not exceeding twenty-seven thousand eight hundred penalty units or to imprisonment for a term not exceeding two years, or to both.
[S 64(6) ins by s 13(b) of Act 8 of 2008.]
65. Essentials of recognition agreement
(1) Every recognition agreement shall be in writing, signed by the representatives of the parties to it and shall provide-
(a) that the employer or employer's organisation, as the case may be, has recognised the trade union as a representative of, and bargaining agent for, the eligible employees represented by the trade union so recognised for the purpose of regulating relations between the employer or employer's organisation and the trade union;
[S 65(1)(a) subs by s 57 of Act 30 of 1997; am by s 14 of Act 8 of 2008.]
(b) for the rules relating to grievances and bargaining procedures;
[S 65(1)(b) subs by s 57 of Act 30 of 1997.]
(c) for the methods, procedures and rules under which the agreement may be reviewed, amended, replaced or terminated.
(2) Three copies of a recognition agreement and of any alterations to the agreement shall be delivered to the Commissioner by the parties to the agreement.
(3) The Commissioner may, if satisfied that all the conditions of the recognition agreement have been met, register the agreement on payment of the prescribed fees and shall return a copy each to the parties concerned.
[S 65(3) am by s 7 of Act 19 of 2017.]
65A. Termination of recognition agreement
(1) A party to a recognition agreement may apply to the Commissioner for the termination of the recognition agreement, stating the reasons therefore.
(2) The Commissioner shal1, where the Commissioner receives an application under sub-section (1), inform the other party to the recognition agreement in respect of which the application is made and set a date on which the application shall be heard.
(3) The Commissioner may, where the Commissioner hears the parties pursuant to sub-section (2)—
(a) approve the termination of the agreement; or
(b) reject the application and give the applicant the reasons therefore.
[S 65A ins by s 15 of Act 8 of 2008.]
PART VIII
COLLECTIVE AGREEMENTS
66. Establishment of Joint Council
(1) Within three months from the date registration of the recognition agreement under sub-section (3) of section 65, the employer or employer's organisation, as the case may be, and the trade union, shall enter into collective bargaining for the purpose of concluding and signing a collective agreement.
(2) Collective bargaining may be undertaken-
(a) at the level of an undertaking, through negotiations between the management of the undertaking and the trade union representing the eligible employees; or
(b) at the level of an industry, though negotiations between the employer's organisation and the trade union representing the eligible employees.
(3) Every valid collective agreement in force prior to the commencement of this Act shall continue in force until its expiry or replacement under this Act.
[S 66 subs by s 59 of Act 30 of 1997.]
[S 67 rep by s 60 of Act 30 of 1997.]
Every collective agreement shall contain clauses, in this part referred to as statutory clauses, stipulating-
(a) the date on which the agreement is to come into effect and the period for which it is to remain in force; and
(b) the methods, procedures and rules for reviewing, amending, replacing or terminating the collective agreement.
69. Obligations of bargaining unit
(1) The bargaining unit shall-
(a) commence negotiations for the purpose of concluding a new collective agreement at least three months before the date of expiry of the current collective agreement:
[S 69(1)(a) am by s 16(a) of Act 8 of 2008.]
Provided that the most representative trade union shall ensure the participation of any minority trade unions in the sector, trade, undertaking, establishment or industry by forming an alliance with the minority trade unions led by the most representative trade union.
[S 69(1)(a) proviso ins by s 16(b) of Act 8 of 2008.]
(b) notify the Commissioner in writing, within 15 days after the commencement of the negotiations, of the date on which the negotiations were commenced; and
(c) conclude and sign the collective agreement within three months after the commencement of the negotiations.
(2) If the bargaining unit fails, or neglects without reasonable cause or excuse (the onus of proof shall lie on the bargaining unit) to commence negotiations or conclude the collective agreement in the manner and within the period specified in paragraphs (a) and (c) of sub-section (1), or to notify the Commissioner in the manner and within the period specified in paragraph (b) of sub-section (1), every member of the bargaining unit shall be liable, upon conviction, to a fine not exceeding forty penalty units and may be prohibited from holding a position in the bargaining unit for a period not exceeding three months.
[S 69(2) am by Act 13 of 1994.]
70. Lodging of collective agreements
(1) The parties to a collective agreement shall, within 14 days of signing, lodge five signed copies of the collective agreement with the Commissioner on payment of the prescribed fees.
[S 70(1) am by s 8 of Act 19 of 2017.]
(2) The Commissioner shall, within 14 days of receipt of the copies referred to in sub-section (1), submit such copies, together with his comment to the Minister.
71. Approval of collective agreement
(1) The Minister may, after considering a collective agreement lodged in accordance with section 70 together with the comments of the Commissioner received under sub-section (2)-
[S 71(1) am by s 61(a) of Act 30 of 1997.]
(a) direct that a copy of the collective agreement be returned to the parties together with his reasons for not directing the registration and give instructions to re-submit the collective agreement to the Commissioner; or
(b) direct the Commissioner to register the collective agreement.
(2) The Minister shall not direct the registration of a collective agreement unless he is satisfied that-
(a) the agreement contains the statutory clauses referred to in section 68; and
(b) the clauses in the agreement do not contain anything which is contrary to any written law.
(3) Every collective agreement which has been approved by the Minister shall-
(a) come into force on the date on which it is approved or on a later date specified in the collective agreement;
(b) remain in force for such period as shall be specified in the agreement;
(c) be binding on the parties to it.
[S 71(3)(c) am by s 61(b)(i) of Act 30 of 1997.]
(d) …
[S 71(3)(d) rep by s 61(b)(ii) of Act 30 of 1997.]
72. Variation of collective agreement
The parties to a collective agreement may by agreement vary the provisions of a collective agreement and the procedure set out in section 70 shall apply, with the necessary modifications, to the variation.
73. Extension of collective agreement in force
(1) Where a bargaining unit is unable to conclude a new collective agreement before the expiration of the existing collective agreement, or where for any other reason the bargaining unit desires to extend the period during which the existing collective agreement is to remain in force, it may apply to the Minister in that behalf on payment of the prescribed fees.
[S 73(1) am by s 9 of Act 19 of 2017.]
(2) An application under sub-section (1) shall be made not less than 30 and not more than 60 days before the expiration of the existing collective agreement:
Provided that the Minister may, consider an application made at any time before the expiration of the existing collective agreement.
(3)…
[S 73(3) rep by s 62 of Act 30 of 1997.]
[S 74 rep by s 63 of Act 30 of 1997.]
PART IX
SETTLEMENT OF COLLECTIVE DISPUTES
A collective dispute shall exist when there is a dispute between an employer or an organisation representing employers on the one hand and the employees or an organisation representing the employees on the other hand, relating to terms and conditions of, or affecting the employment of, the employees and one party to the dispute has presented in writing to the other party all its claims and demands and-
(a) the other party has, within 14 days from the date of receipt of the claims or demands, failed to answer the claims or demands; or
(b) the other party has formally rejected the claims or demands and has made no counter offer; or
(c) both the parties to the dispute have held at least one meeting with a view to negotiating a settlement of the dispute, but have failed to reach settlement on all or some of the matters in issue between them.
76. Dispute to be referred to conciliator, board of conciliation or to court
(1) Where a collective dispute arises and neither of either party to the dispute is engaged in an essential service, the parties to the dispute shall refer the dispute to-
[S 76(1) am by s 64 of Act 30 of 1997.]
(a) a conciliator appointed by the parties to the dispute; or
(b) a board of conciliation composed of-
(i) a conciliator appointed by the employer or an organisation representing employers;
(ii) a conciliator appointed by the employees or an organisation representing the employees; and
(iii) a conciliator appointed by the employer or the organisation representing the employers and employees or the organisation representing employees, who shall be the Chairman.
(2) Where the parties to a collective dispute not engaged in an essential service fail to agree within a period of seven days from the date when the collective dispute arose on the appointment of a conciliator or of the Chairman, they shall inform the Commissioner accordingly.
(3) The Commissioner on receipt of the information under sub-section (2) shall request the Minister to appoint, within a period of seven days from the date of the request, a conciliator or Chairman of the board of conciliation from a list of names submitted and agreed upon by the representatives of employees and the representatives of employers.
(4) The conciliator or the board of conciliation appointed under sub-section (1) or sub-section (3) shall, within seven days of his or its appointment, summon the parties to the collective dispute to a meeting and proceed to conciliate in the dispute.
(5) Any party to a collective dispute or any agent or representative who refuses or neglects without reasonable cause or excuse (the onus of proof shall lie on such party) to attend a meeting summoned by the conciliator or board of conciliation shall be guilty of an offence.
(6) A conciliator or board of conciliators appointed under this section shall conclude a dispute within 30 days from the date of the appointment.
[S 76(6) ins by s 17(a) of Act 8 of 2008.]
(7) Where a conciliator or board of conciliators fails to settle a dispute within the period stipulated in sub-section (6), the settlement of the dispute shall be deemed to have failed and section 78 shall apply.
[S 76(6) ins by s 17(a) of Act 8 of 2008.]
(8) Where a collective dispute arises and any of the parties to it are engaged in an essential service, the parties to the dispute shall refer the dispute to the Court.
[S 76(6) renumbered as s 76(8) by s 17(b) of Act 8 of 2008.]
(9) Any person who commits an offence under sub-section (5) shall, upon conviction, be liable-
(a) in the case of a body corporate, to a fine not exceeding one thousand penalty units;
(b) in any other case to a fine not exceeding four hundred penalty units.
[S 76(7) am by Act 13 of 1994; renumbered as s 76(9) by s 17(b) of Act 8 of 2008.]
77. Approval of settlement by conciliation
(1) As soon as a collective dispute is settled by means of conciliation, the conciliator or the Chairman of the Board of conciliation shall cause a memorandum of the terms of the settlement to be prepared which shall be signed by the parties to it and shall be witnessed by the conciliator or the Chairman and each member of the board of conciliation, as the case may be.
(2) The conciliator or the Chairman of the board of conciliation, shall, within seven days of the settlement of a dispute by conciliation, submit authenticated copies of the memorandum referred to in sub-section (1) to the Registrar.
(3) The Registrar shall, as soon as possible after receipt of a copy of the memorandum refer it to the Court which shall, subject to the settlement embodied in the memorandum, if not contrary to any written law, approve the settlement.
(4) If the Court decides that the settlement as a whole or any term of the settlement embodied in the memorandum is contrary to any written law, the Registrar shall communicate the decision of the Court to the parties to the dispute accordingly.
78. Failure to reach settlement by conciliation
(1) Where a conciliator or board of conciliation fails to settle a collective dispute either party to the collective dispute may-
[S 78(1) am by s 18(a)(i) of Act 8 of 2008.]
(a) refer it to the Court;
[S 78(1)(a) am by s 18(a)(ii) of Act 8 of 2008.]
(b) conduct a ballot to settle the dispute by a strike or lockout;
[S 78(1)(b) am by s 18(a)(iii) of Act 8 of 2008.]
(c) refer it to arbitration and the provisions of 2000 of the Arbitration Act shall apply accordingly.
[S 78(1)(c) ins by s 18(a)(iv) of Act 8 of 2008.]
(2) Where a collective dispute is referred to the Court under sub-section (1) or under sub-section (6) of section 76 the decision of the Court shall, subject to section 97 be binding upon the parties to the dispute for such period as the Court may specify in the Order.
(3) Where the parties, decide to proceed on strike or lockout, the parties shall not proceed on strike or lockout unless a simple majority decision of the employees present and voting is made by employees in favour of the strike or lockout.
(4) The strike or lockout may, subject to section 75, commence 10 days following the decision to do so and shall continue for a period of 14 days after which the dispute shall if it remains unresolved, be referred to the Court.
[S 78(4) am by s 18(b) of Act 8 of 2008.]
(5) The Minister may intervene before or after the commencement of the strike or lockout under sub-section (4) to try and settle the dispute.
[S 78(5) am by s 18(c) of Act 8 of 2008.]
(6) The Minister may, after consultation with the Tripartite Consultative Labour Council apply to the Court for a declaration that the continuance of the strike or lockout is not in the public interest.
(7) The Court shall make a decision within seven days of the application for a declaration that the strike or lockout is not in the public interest.
(8) Where the Court issues a declaration in favour of the application, the strike or lockout shall cease and the dispute shall be deemed to have been referred to the Court under paragraph (a) of sub-section (1).
(9) The Court shall have power to decide whether the workers on a legal strike should be eligible for payment of wages during the period of the strike.
(10) Where action in pursuance of a strike or a lock-out takes place in accordance with the provisions of this Act-
(a) the provisions of the recognition and collective agreements, if any, between the parties shall not be deemed to have been breached by reason only of such action; or
(b) the contract of employment with respect to each employee involved in the strike or lock-out shall not be deemed to have been breached by reason only of such action.
[S 78(11) ins by s 65 of Act 30 of 1997.]
PART X
TRIPARTITE CONSULTATIVE LABOUR COUNCIL
79. Consultative Labour Council
(1) There is hereby constituted the Tripartite Consultative Labour Council, in this part referred to as the Council which shall consist of the Minister and such equal number of members representing the trade unions, the employers and the Government, as the Minister may determine but the members shall not be less than 21.
(2) The members representing—
(a) the trade unions shall be nominated by trade unions registered under this Act;
(b) the employers shall be nominated by employer's organisation registered under this Act; and
(c) the Government shall be nominated by the Minister.
[S 79(2) subs by s 66 of Act 30 of 1997.]
(3) The Commissioner shall act as the secretary to the Council and any committee which may be formed by the Council.
80. Chairman and Vice-Chairman of Council
(1) The Council shall be chaired by the Minister, or in his absence, the Deputy Minister responsible for labour.
(2) There shall be two Vice-Chairmen of the council of which one shall be nominated by trade unions and the other nominated by the employer's organisation.
[S 80 am by s 67 of Act 30 of 1997.]
81. Proceedings of Consultative Council
(1) Subject to the other provisions of this Part, the Council may regulate its own procedure.
(2) For the transaction of its business, the Council shall meet at least twice annually at such places and at such times, as the Chairman, in consultation with the trade unions and the associations, may determine.
(3) A meeting of the Council may be called by giving notice of not less than 14 days:
Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving shorter notice.
(4) At any meeting of the Council, one-half of the members shall form a quorum.
(5) Decisions of the Council on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote.
(6) The Council may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of a meeting of the Council but such person shall have no vote.
(7) The validity of any proceedings, act or decision of the Council or any committee of the Council shall not be affected by any vacancy in the membership of the Council or committee of the Council, as the case may be, or by any defect in the appointment of any member or member of such committee or by reason that any person not entitled to do so took part in the proceedings.
(8) The Government, trade unions and the employer's organisation shall be responsible for paying allowances for the attendance of meetings of the Council, to their respective representatives.
[S 81(8) am by s 68 of Act 30 of 1997.]
(1) The council may establish any number of standing or ad hoc committees to assist the Council in the performance of its functions.
(2) The Council may appoint as members of a committee established under sub-section (1), persons who are or are not members of the Council and such persons shall hold office for such period as the Council may determine.
(3) Subject to any specific or general direction of the Council, a committee established under this section may regulate its own procedure.
The functions of the Council shall be to advise the Government on all issues relating to labour matters, manpower development and utilisation and any other matter referred to the Council by the Government.
PART XI
INDUSTRIAL RELATIONS COURT
The Industrial Relations Court established by section 64 of the Industrial Relations Act, 1990, is hereby continued as if established under this Act.
(1) The Court shall have original and exclusive jurisdiction to hear and determine any industrial relation matters and any proceedings under this Act.
[S 85(1) subs by s 69(a) of Act 30 of 1997.]
(2) The Court shall have jurisdiction to commit and punish for contempt any person who disobeys or unlawfully refuses to carry out or to be bound by, an order made against that person by the Court under this Act.
[S 85(2) subs by s 69(a) of Act 30 of 1997.]
(3) The Court shall not consider a complaint or an application unless the complainant or applicant presents the complaint or application to the Court—
(a) within 90 days of exhausting the administrative channels available to the complainant or applicant; or
(b) where there are no administrative channels available to the complainant or applicant, within 90 days of the occurrence of the event which gave rise to the complaint or application:
Provided that—
(i) upon application by the complainant of applicant, the Court may extend the period in which the complaint or application may be presented before it; and
(ii) the Court shall dispose of the matter within a period of one year from the day on which the complaint or application is presented to it
[S 85(3) subs by s 19 of Act 8 of 2008.]
(4) The Court shall have the jurisdiction to hear and determine any dispute between any employer and an employee notwithstanding that such dispute is not connected with a collective agreement or other trade union matter.
(5) The Court shall not be bound by the rules of evidence in civil or criminal proceedings, but the main object of the Court shall be to do substantial justice between the parties before it.
(6) An award, declaration, decision or judgement of the Court on any matter referred to it for its decision or on any matter falling within its exclusive jurisdiction shall, subject to section 97, be binding on the parties to the matter and on any parties affected.
(7) It shall be within the exclusive jurisdiction of the Court to resolve any ambiguity in any collective or recognition agreement brought to its notice by any of the parties concerned.
(8) No person shall take part in a lockout or a strike against or in defiance of any award, declaration, decision or judgement of the Court and any person who contravenes this sub-section shall be liable, upon conviction, to a fine not exceeding two thousand penalty units or to imprisonment for a term not exceeding 12 months, or to both.
(9) For the purpose of this section “industrial relations matters” shall include issues relating to-
(a) inquiries, award and decisions in collective disputes;
(b) interpretation of the terms of awards, collective agreements and recognition agreements;
(c) general inquiries into, and adjudication on, any matter affecting the rights, obligations and privileges of employees, employers and their representative bodies.
[S 85(9) ins by s 69(b) of Act 30 of 1997.]
Where the Court finds that the complaint or application presented to it is justified and reasonable, the Court shall grant such remedy as it considers just and equitable and may-
(a) award the complainant or applicant damages or compensation for loss of employment;
(b) make an order for reinstatement, re-employment or re-engagement;
(c) deem the complainant or applicant as retired, retrenched or redundant; or
(d) make any other order or award as the court may consider fit in the circumstances of the case.
[S 85A ins by s 70 of Act 30 of 1997.]
(1) The Court shall consist of the following members:
(a) a Chairman;
(b) Deputy Chairmen; and
(c) not more than 10 members appointed by the Judicial Service Commission.
[S 86(1)(c) subs by s 20 of Act 8 of 2008.]
(2) A person shall not be qualified for appointment as Chairmen or Deputy Chairman, unless he qualifies to be appointed as High Court Judge.
(3) The Chairman and Deputy Chairman shall be appointed by the President on the recommendation of the Judicial Service Commission.
(4) The members, other than the Chairman and Deputy Chairman, shall hold office for a period of three years but shall be eligible for re-appointment.
[S 86(4) subs by s 71 of Act 30 of 1997.]
(5) The Chairman and Deputy Chairman shall have the same tenure and security of office as a judge of the High Court prescribed in the Constitution in the Article relating to tenure of office of judges of the Supreme and High Court and shall be subject to removal from office for inability to perform the functions of his office under that Article.
87. Registrar and other officers of Court
(1) There shall be a Registrar and such Deputy Registrars and such Assistant Registrars, as may be necessary, who shall be public officers and who shall be appointed by the Judicial Service Commission.
(2) The Judicial Service Commission may appoint such other officers of the Court, as may be necessary.
[S 88 rep by s 72 of Act 30 of 1997.]
(1) The Chairman or a Deputy Chairman shall preside over the Court.
(2) The court, when hearing any matter, shall be duly constituted if it consists of three members or such uneven number as the Chairman may direct:
Provided that the Chairman or a Deputy Chairman may deal with interlocutory matters and deliver a ruling or make any order in chambers and may deliver any ruling or judgment made by the Court duly constituted.
(3) Subject to sub-section (2), the determination of any matter before the Court shall be according to the opinion of the majority of the members of the Court considering or hearing the matter:
Provided that on a point of law the decision of the Chairman or the Deputy Chairman shall prevail.
(4) A person shall not sit or act as a member of the Court, if he has any interest direct or indirect, personal or pecuniary, in any matter before the Court.
[S 89(4) am by s 73 of Act 30 of 1997.]
(5) The sittings of the Court shall be held in such places as the Chairman may direct.
(1) The court may, on application, declare who is or should be the holder of any office in a representative body.
[S 90(1) am by s 74 of Act 30 of 1997.]
(2) The Chairman may make rules providing for the procedure to be followed on an application for a declaration under this section and prescribing any fees which shall be payable on any application.
(3) Without prejudice to the power of the Court to punish for contempt of court, where it has been declared under sub-section (1) that any person is or should be the holder of an office, any other person who acts or purports to act as the holder of the office contrary to the terms of the declaration, shall be liable upon conviction, to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding three months, or to both.
[S 90(3) am by Act 13 of 1994.]
(1) At any hearing before the Court, any party may appear in person or be represented-
(a) by an officer of a representative body; or
[S 91(1)(a) subs by s 75 of Act 30 of 1997.]
(b) by a legal practitioner.
[S 91(1)(b) subs by s 75 of Act 30 of 1997.]
(c) …
[S 91(1)(c) rep by s 75 of Act 30 of 1997.]
92. Powers to summon witnesses
(1) The court may summon witnesses, call for the production and inspection of, books, documents, records and other things, and to examine witnesses.
(2) A summons for the attendance of a witness or for the production of books, documents, records or other things shall be signed by the Registrar or Deputy Registrar and served in the same manner as if it were a summoned for the attendance of a witness at a civil trial in the High Court.
(3) Any person giving evidence or summoned to give evidence or to produce any book, document, record or other thing before the Court, shall be entitled to the same privileges and immunities as if he were summoned to attend or were giving evidence in civil proceedings before the High Court.
(4) A person summoned under this section, other than a public officer or a person having an interest in the proceedings for which he is summoned, may on the order of the Court be paid from moneys appropriated by Parliament such allowances as may be prescribed by the Chairman.
(1) If any person who has been summoned under section 92 having reasonable notice of the time and place at which he is required to attend, fails to attend, or fails to remain in attendance until duly excused by the Court from further attendance, the Chairman or Deputy Chairman may, upon being satisfied by the return of the person charged with the service of the summons, that the summons was duly served upon such person, issue a warrant signed by him for the apprehension of the person.
(2) A person against whom a warrant has been issued under sub-section (1), shall be apprehended by any police officer to whom the warrant is delivered and shall be brought before the Court to give evidence or to produce a book, document, record or other thing.
(3) If any person who has been summoned under section 92-
(a) refuses to be sworn or affirmed as a witness;
(b) having been sworn or affirmed refuses to answer fully and satisfactorily any question he is lawfully required to answer; or
(c) refuses or fails to produce any book, document, record or other thing and does not excuse his refusal or failure to the satisfaction of the Court;
the Chairman or Deputy Chairman may order that person to be detained in custody, as if he were a prisoner awaiting trial, for any period not exceeding eight days unless he sooner consents to do what is required of him.
(4) Where the person referred to in sub-section (3), upon being brought before the Court at an adjourned hearing, further refuses or fails to do what is required of him, the Chairman or Deputy Chairman may, if he sees it fit, adjourn the proceedings and order that person to be detained for a like period until the person consents to do what is required of him.
(1) The Court shall deliver judgment within 60 days after the hearing of the case.
(2) Failure to deliver judgment, within the period stipulated in sub-section (1) shall amount to inability by the Chairman or Deputy Chairman to perform the functions of his office and the provisions of the Constitution in dealing with the inability by a judge to perform his functions under the Constitution shall apply.
95. Publication of judgments of Court
(1) The Registrar or Deputy Registrar shall cause every award, decision or judgment of the Court to be communicated to the parties concerned and to the Commissioner.
(2) The Chairman may cause to be published in the Gazette any award, decision or judgment of the Court which, in his opinion, is of general interest.
The Chairman shall, by statutory instrument, make rules regulating the procedure of the Court.
Any person aggrieved by any award, declaration, decision or judgment of the Court may appeal to the Supreme Court on any point of law or any point of mixed law and fact.
PART XII
GENERAL
98. Immunity of officials of trade unions, congress, associations and Federation
An act done by a person in contemplation or furtherance of a collective dispute shall not be actionable on the ground that it induces some other person to break a contract of employment, or that it interferes, with the trade, business or employment of some other person, or with the right of that other person to dispose of his capital or labour as he wishes.
99. Conspiracy in collective disputes
(1) An agreement by two or more persons to do, or procure to be done, any act in contemplation or furtherance of a collective dispute shall not be punishable as a conspiracy if such act when committed by one person would not be punishable as a crime.
(2) An act done in pursuance of an agreement by two or more persons shall not, if done in contemplation or furtherance of a collective dispute, be actionable unless the act, if done without any such agreement would be actionable.
(3) Nothing in this section shall-
(a) affect the law relating to conspiracy for which punishment is prescribed by any law in force in the Republic; or
(b) affect the law relating to riot, unlawful assembly, breach of the peace, or sedition.
100. Breach of contract involving injury to persons or property
(1) Where any person or in combination with others willfully break a contract of service or of hire, knowing or having reasonable cause to believe that the probable consequence of their so doing will endanger human life or cause serious bodily injury or expose any property, whether real or personal, to destruction or serious injury, shall be guilty of an offence and liable, upon conviction, to a fine not exceeding four hundred penalty units or to imprisonment for a term not exceeding six months, or to both.
[S 100(1) am by Act 13 of 1994.]
(2) No prosecution under this section shall be brought except by, or with the written consent of, the Director of Public Prosecutions.
101. Prohibition from participation in lockouts or strikes
(1) No employer or other person shall take part in a lockout which is not in contemplation or furtherance of a collective dispute to which the employer or that person is a party.
(2) No employee, trade union or other person shall take part in a strike which-
(a) has not been authorised by a strike ballot taken in the manner provided by the constitution of a trade union under this Act; or
(b) is not in contemplation or furtherance of a collective dispute to which the employee or trade union is a party.
(3) Any employer or other person who does any act in contravention of sub-section (1), shall be liable, upon conviction-
(a)in the case of a body corporate, to a fine not exceeding one thousand penalty units
(b) in any other case to a fine not exceeding four hundred penalty units.
(4) Any employee, trade union or other person who does any act or incites any person to do any act in contravention of sub-section (2), shall be guilty of an offence and shall be liable upon conviction-
(a)in the case of the trade union, to a fine not exceeding one thousand penalty units; or
(b) in the case of an employee or other person, to a fine not exceeding four hundred penalty units and may be prohibited from holding office in a trade union for such period as the Court may determine.
[S 101 am by Act 13 of 1994.]
102. Attendance at or near place of residence, business or employment for certain purposes
(1) Any person acting on behalf of a trade union or a federation of trade unions in contemplation or furtherance of the settlement of a collective dispute may attend at or near a place not being a dwelling house, where a person works or carries on business, for the purpose of peacefully persuading an employee or an employer involved in the collective dispute to take part in a lawful demonstration:
Provided that no person shall intimidate that other person or any other person in that place or obstruct the approach thereto or egress therefrom.
[S 102(1) am by s 76 of Act 30 of 1997.]
(2) Any person who contravenes sub-section (1) shall be guilty of an offence.
103. Attendance at or near place of residence
(1) Any person acting in contemplation or furtherance of the settlement of a collective dispute may attend, at or near a dwelling house or place where another person resides or happens to be, for the purpose of peacefully obtaining or communicating information or of persuading or inducing the other person to take part in a strike or a demonstration:
Provided that no person shall intimidate that other person in that place.
(2) Any person who contravenes sub-section (1) shall be charged with the offence of watching and besetting such house or place wrongfully and without legal authority within the meaning of sub-section (1) of section 173 of the Penal Code, and shall be liable, upon conviction, to a fine not exceeding four hundred penalty units or to imprisonment for a term not exceeding six months or to both.
[S 103(2) am by Act 13 of 1994.]
104. Obstructing Commissioner, etc
Any person who willfully obstructs or hinders the Commissioner, or any other person, in the exercise of any of his powers under this Act shall be liable, upon conviction, to a fine not exceeding two hundred thousand penalty units and may be prohibited from holding office in a trade union or employer's organisation for such period as the Court may determine.
[S 104 am by s 77 of Act 30 of 1997, s 21 of Act 8 of 2008.]
All offences under this Act may be prosecuted before a subordinate court of the first or second class.
Any person who does any act prohibited by this Act or who omits to do any act which he is required to do under this Act shall be charged with an offence and, where no specific penalty is provided by this Act in respect of such act or omission, he shall be liable, upon conviction, to a fine not exceeding one thousand penalty units and, in the case of an individual, he may also be barred from holding office of a trade union or employer's organisation for such period as the Court may determine.
[S 106 am by Act 13 of 1994, s 78 of Act 30 of 1997.]
107. Essential service certificates
(1) Every employee engaged or employed in an essential service shall be issued by his employer with an essential service certificate in such form and in such manner as may be prescribed and such certificate shall be prima facie evidence for the purpose of any inquiry or proceedings under this section that the person to whom such certificate has been issued is engaged or employed in an essential service and that the attention of such employee has been drawn to the provisions of this section.
(2) Any person engaged or employed in an essential service who, without just cause or excuse (the onus of proof shall lie on him), does any act, or omits to do any act, the doing or the omission of which is likely to hinder or interfere with the carrying on of an essential service, shall be guilty of an offence.
(3) No employer or other person shall take part in a lockout and no employee, trade union or other person shall take part in a strike which is likely to hinder or interfere with the carrying on of any essential service.
(4) No person engaged in an essential service shall be eligible for payment of his salary if such person goes on strike or go-slow.
(5) Any person who incites or encourages a person engaged or employed in an essential service to do any act, or omit to do any act, the doing or the omission of which is likely to hinder or interfere with the carrying on of an essential service, shall be guilty of an offence.
(6) A police officer may arrest without warrant any person whom he has reasonable grounds to believe is acting in contravention of this section, and any person who obstructs a police officer in the execution of his duties under this sub-section shall be guilty of an offence.
(7) Any person who contravenes sub-section (2), (4) or (5) shall be liable, upon conviction, to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding six months and may be prohibited from holding office in a trade union for such period as the Court may determine.
(8) Any employer or other person who contravenes sub-section (3) shall be guilty of an offence and shall be liable, upon conviction-
(a) in the case of a body corporate, to a fine not exceeding one thousand penalty units; or
(b) in any other case, to a fine not exceeding four hundred penalty units.
(9) Any employee, trade union or other person who contravenes sub-section (3) shall be guilty of an offence and shall be liable, upon conviction-
(a) in the case of the trade union, to a fine not exceeding one thousand penalty units; or
(b) in the case of the employee or other person, to a fine not exceeding two hundred penalty units.
(10) For the purpose of this section, “essential service” means-
(a) any service relating to the generation, supply or distribution of electricity;
(b) any hospital or medical service;
(c) any service relating to the supply and distribution of water;
(d) any sewerage service;
(e) any fire brigade; or
(f) any service for the maintenance of safe and sound conditions in a mine of-
(i) underground working and drainage;
(ii) shafts and shaft installations; or
(iii) machinery and plant;
[S 107(10)(f) am by s 79(a) of Act 30 of 1997.]
(g) such other service which the Minister may, in consultation with the Tripartite Consultative Labour Council, prescribe by statutory instrument as an essential service.
[S 107 am by Act 13 of 1994, s 107(10)(g) ins by s 79(b) of Act 30 of 1997.]
108. Restriction on discrimination in employment
(1) No employer shall terminate the services of an employee or impose any other penalty or disadvantage on any employee, on grounds of race, sex, marital status, religion, political opinion or affiliation, tribal extraction or status of the employee.
[S 108(1) am by s 80 of Act 30 of 1997.]
(2) Any employee who has reasonable cause to believe that the employee's services have been terminated or that the employee has suffered any other penalty or disadvantage, or any prospective employee who has reasonable cause to believe that the employee has been discriminated against, on any of the grounds set out in sub-section (1) may, within 30 days of the occurrence which gives rise to such belief, lay a complaint before the Court:
Provided that the Court may extend the 30 day period for a further three months after the date on which the complainant has exhausted the administrative channels available to him.
(3) The Court shall, if it finds in favour of the complainant-
(a) grant to the complainant damages or compensation for loss of employment;
(b) make an order for re-employment or reinstatement in accordance with the gravity of the circumstances of each case.
(1) The Minister may, by statutory instrument, make regulations governing the conduct of ballots for any representative body, and such regulations may include provisions relating to the giving of notices to any person qualified to vote in such ballots.
(2) Where a secret ballot is to be held in more than one place in connection with any matter, it shall be held in all such places on the same day or days and between the same hours.
110. Complaints against irregularities in elections
(1) Any interested person who has reasonable grounds to believe that the election of any person to any office in a representative body has been conducted in an irregular manner, that person may, not later than 21 days after the holding of such election, lay a complaint before the Court.
(2) The Court may, if it is satisfied that an irregularity has occurred in the conduct of any election, declare the election null and void and order fresh elections to be conducted under the supervision of such person, and on such conditions, as the Court may determine.
111. Report to National Assembly
The Minister shall each year lay before the National Assembly a report on the working of this Act.
The Minister may, by statutory instrument-
(a) make regulations for the purpose of giving effect to the provisions of this Act; and
(b) make regulations prescribing all matters which by this Act are required or permitted to be prescribed.
[S 112 am by s 81 of Act 30 of 1997.]
(1) The Industrial Relations Act, 1990, is hereby repealed.
(2) Notwithstanding the repeal of the Industrial Relations Act, 1990, any statutory instrument or directive issued or made under that Act shall remain in force, so far as it is not inconsistent with this Act until revoked or cancelled under this Act.
[Sections 11, 29, 42, 56]
The Constitution of every representative body shall include-
(a) the name of the representative body and the address of its registered office in Zambia;
(b) the principal objects for which the representative body is established and the class or classes of employees or employers which the representative body shall represent:
Provided that-
(i) a representative body may include in its constitution objects other than principal objects and, subject to the other provisions of this Act, any such representative body shall have power to apply its funds for any lawful objects authorised under its constitution;
(ii) no objects of any representative body shall not, by reason that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust;
(c) the purposes to which the funds of the representative body may be applied;
(d) the organisational structure of the representative body, the mode of appointment and removal of the officers responsible for the administration of the representative body and the powers and duties of such officers;
(e) the payment of subscriptions and fees by the members and the method of collection and the grounds for disqualifying a member from voting on any matter concerning the representative body;
(f) the vesting and safe custody of the funds and property of the trade representative body, the banking and investment of its funds, and the maintenance, inspection and periodic auditing of its accounts and all other financial records;
(g) provision for disqualification from election or appointment to any office in the representative body of any office holder who has misappropriated the funds of the representative body;
(h) the election of the officers within six months after registration of a representative body and thereafter, at regular intervals of not more than four years;
(i) the election of not less than two and not more than four trustees of the representative body;
(j) the election by secret ballot supervised by a proper officer for a strike;
(k) the procedure for amending the constitution of the representative body; and
(l) a provision to ensure that all classes of members of a representative body are adequately and effectively represented on all organs of a representative body.
{/mprestriction}