First Schedule (Section 11)
Guidelines for matters to be provided for in the rules of a trade union
Constitution and management
1.The name of the trade union and the address of its registered office.2.The objects of the trade union3.The election and the re-election of the Managing Committee at intervals to be determined, the function of the office bearers and the manner in which its members may be removed, including the provision for appeals.4.The election or appointment of the officers of the trade union and the manner in which they may be removed, including the provision for appeals.5.The powers and duties of the Managing Committee and of each of the officers of the trade union.6.(a)The manner in which any branch of the trade union shall be formed(b)The management of the branch and the convening and conduct of meetings for the transaction of the business of the branch.7.(a)The convening and conduct of meetings for the transaction of the business of the trade union, including the quorum required and the keeping of the minutes thereof.(b)The manner in which decisions shall be taken.8.The circumstances in which and the persons by whom instructions may be given to members of the trade union for any kind of industrial action (including a strike or lock-out).9.The eligibility of members to vote in any election or ballot.10.(a)The manner in which elections shall be held or ballots shall be taken for any purpose, including provision for vote by proxy.(b)The procedure for the counting and scrutiny of votes and ballot papers and the procedure for the declaration or notification of the result thereof.11.In the case of a federation or a confederation, the circumstances in which the federation or confederation may negotiate and may enter into agreements on behalf of its members.12.The procedure to be followed for the amendment of the rules and change of name.13.The circumstances and the manner in which the trade union may be amalgamated or dissolved.Members of the trade union
14.The conditions of eligibility for membership and the procedure for dealing with applications for membership, which shall include provision for appeals against decisions of the persons responsible for determining such applications.15.(a)Any contribution to be paid in respect of admission or re-admission and the amount of trade union fees or any other fees payable.(b)The procedure and penalties in case of non-payment of trade union fees and other fees.16(a)The descriptions of conduct in respect of which disciplinary action may be taken against any of its members or officers.(b)The procedure for taking disciplinary action, including provision for appeals.(c)The nature of the disciplinary sanction (whether suspension, expulsion or otherwise) which can be taken in respect of each such conduct.17.The circumstances in which and the procedure, other than expulsion by way of disciplinary action, membership may be terminated and the procedure to be followed.18.The procedure for inquiring into any complaint made by a member in relation to the non-compliance with the rules.Property and funds of the trade union
19.Provisions for bank transactions and investment of funds.20.The purposes for which and the manner in which funds shall be applied21.Provisions for acquiring, controlling and disposal of assets, including the circumstances in which any financial benefits arising out of the disposal of assets, shall be made available to members and the amounts of those benefits.22.(a)The keeping of a register of members showing the names, ID number, addresses and payments made by the members.(b)The keeping and preparation of proper accounting records.(c)The inspection of the register of members and of the accounts23.The amount of the security to be furnished by officers whose office is connected with the collection, receipt and management of money on behalf of the trade union.24.The procedure for the distribution of property and funds in the event of dissolution.25.The rules governing special fund, if any.Second Schedule (Sections 85, 87, and 90)
Employment Relations Tribunal, Commission for Conciliation and Mediation and National Remuneration Board
Part I – Employment Relations Tribunal
Organisation and sittings of the Tribunal
1.The Tribunal shall have an official seal.2.The Tribunal may sit—(a)in one or more divisions, as may be necessary;(b)at any time and at any place in Mauritius3.(1)(a)Subject to paragraph (aa), the jurisdiction of the Tribunal shall be exercised by any division of the Tribunal.(aa)In a matter relating to reduction of workforce or closing down of enterprise, the jurisdiction of the Employment Promotion and Protection Division established under section 39A of the Employment Rights Act shall be exercised by the Tribunal.(b)Subject to section 39A of the Employment Rights Act, each division of the Tribunal shall—(i)be presided over by the President or Vice-president of the Tribunal; and(ii)consist of the presiding member and 3 other members, namely a representative from workers’ organisation, a representative from employers’ Organisation and an independent member.(2)Where, in the course of any proceedings before the Tribunal, a vacancy arises in relation to one of the members, other than the President or the Vicepresident, the remaining 2 members of the Tribunal may, where the parties to the proceedings agree, continue and conclude those proceedings notwithstanding the vacancy.(3)Where the Tribunal proceeds in accordance with subparagraph (2), no act, proceedings or determination of the Tribunal shall be called in question or invalidated by a Court of law by reason of the vacancy.4.(1)Where it appears to the President or Vice-president to be expedient to do so, he may appoint 2 assessors to assist the members of the Tribunal in the determination of any particular reference or appeal before the Tribunal, one from a panel of not less than 6 persons appointed by the Minister after consultation with representatives of employers as he considers appropriate, and one from a panel of not less than 6 persons appointed by the Minister after consultation with representatives of workers as he considers appropriate.(2)Where, in the course of any proceedings before the Tribunal, an assessor appointed under subparagraph (1) is absent, the Tribunal may continue and conclude those proceedings notwithstanding the absence of the assessor.5.Any award or decision of the Tribunal shall be that of the members of the Tribunal and, in the event of any disagreement—(a)of the majority of such members, if there are 3; and(b)of the President or Vice-president, as the case may be, where there are only 2 members.Practice and procedure of the Tribunal
6.(1)The Tribunal shall exercise its jurisdiction in any proceedings, except for proceedings relating to a reduction of workforce or closing down of enterprise under the Employment Rights Act, in such manner as to enable the parties to the proceedings to avail themselves of the conciliation and mediation services of the Commission for Conciliation and Mediation, or of other possibilities for conciliation and mediation.(2)The Tribunal may in relation to any dispute or other matter before it—(a)remit the matter, subject to such conditions as it may determine, to the parties for further consideration by them with a view to settling or limiting the several issues in dispute;(b)dismiss any matter or refrain from further hearing or from determining the matter, if it appears to the Tribunal that the matter is trivial, or that further proceedings are unnecessary, or undesirable in the public interest;(c)hear and determine the matter in the absence of any party who has been duly summoned to appear before the Tribunal and has failed to do so;(d)order any person to be joined as a party to the proceedings who, in the opinion of the Tribunal—(i)may be affected by an order or award; or(ii)ought in the interests of justice to be joined as a party,and to do so on such terms and conditions as the Tribunal may decide;(e)generally give all such directions and make all such orders, whether interim or permanent, conditional or unconditional, and do all such things as are necessary or expedient for the expeditious determination of that matter.7.(1)Subject to subparagraph (2), the Tribunal may not order the payment of costs or expenses by any party to proceedings before the Tribunal.(2)Where, in the opinion of the Tribunal—(a)any proceedings before the Tribunal were unnecessary, improper or vexatious; or(b)there has been unreasonable delay or other unreasonable conduct in bringing or conducting the proceedings,the Tribunal may order a party to the proceedings to pay to any other party thereto such amount as it may specify towards the costs or expenses incurred by the other party in connection with the proceedings.7A.(1)The Tribunal shall have the power to issue execution of its orders.(2)Every order of the Tribunal shall be enforced in the same manner as an order of the Industrial Court.Part II – Commission for Conciliation and Mediation
Organisation and sittings of the Commission
8.(1)The Commission may sit—(a)in one or more divisions as may be necessary;(b)at any time and at any place in Mauritius.(2)The jurisdiction of the Commission shall be exercised by a division of the Commission.(3)Every division of the Commission shall—(a)be presided over by the President or Vice-president; and(b)consist of the presiding member and 3 other members, namely a representative from a workers’ organisation, a representative from an employers’ organisation and an independent member.Part III – National Remuneration Board
Organisation and sitting of the Board
9.(1)The Board may sit—(a)in one or 2 divisions as may be necessary;(b)at any time and at any place in Mauritius.(2)The jurisdiction of the Board shall be exercised by a division of the Board.(3)Every division of the Board shall—(a)be presided over by the Chairperson or Vice-chairperson of the Board; and(b)consist of the presiding member and 4 other members.Part IV – Provisions applicable to Tribunal, Commission and Board membership
10.(1)A member, other than the President or Vice-president of the Tribunal or the Chairperson or Vice-chairperson of the Board—(a)shall be appointed from among persons with proven experience in the field of human resource management, employment relations, labour economics, industry, commerce and finance; and(b)shall hold and vacate office in accordance with the terms of his letter of appointment.(2)A person shall not be qualified to be appointed as a member—(a)where he is a member of, or a candidate for election to, the National Assembly or any local authority; or(b)in the case of the Tribunal established under section 85 or the Commission established under section 87, where he is a public officer, a local government officer or an officer of a trade union.(3)Previous membership shall not affect eligibility for re-appointment11.A member may, at any time, resign from his office by notice in writing addressed to the Minister.12.The Minister may remove a member, other than the President or Vicepresident of the Tribunal or the Chairperson or Vice-chairperson of the Board, from office.13.The appointment of office of every member shall be notified in the Gazette.14.(1)Notwithstanding that the term of his office has expired, a member may, with permission given in accordance with subparagraph (2), continue in office for so long after the end of his term as may be necessary to enable him to complete the performance of any duty that was commenced before his term of office expired.(2)For the purposes of this paragraph, permission may be given—(a)in the case of the President or Vice-president of the Tribunal or the Chairperson or Vice-chairperson of the Board, by the Public Service Commission;(b)in the case of the President or Vice-president of the Commission, by the Minister;(c)in the case of any other member, by the President or Vice-president of the Tribunal, the President or Vice-president of the Commission, or the Chairperson or Vice-chairperson of the Board, as the case may be.Proceedings of Tribunal, Commission and Board
15.The Tribunal, the Commission or the Board may conduct its proceedings in a manner it deems appropriate in order to determine any matter before it fairly and promptly and may deal with the substantial merits of such matter with a minimum of legal formalities.16.A member of the Tribunal, the Commission or the Board who has a direct or indirect interest in any matter, which is the subject of proceedings before it, shall not take part in those proceedings.17.The Tribunal, the Commission or the Board may appoint committees from amongst its members to examine and report on any matter connected with its functions under this Act.18.(1)In any conciliation or mediation proceedings at the Commission, a party to a labour dispute may, in the case of a worker, be assisted by a co-worker or by an officer of the trade union of workers or a negotiator or in the case of management, by a representative of management or by such other persons at the discretion of the Commission.(2)In any proceedings before the Tribunal, a party to a dispute may be assisted or represented by a law practitioner or an officer of his trade union or by such other persons at the discretion of the Tribunal.19.Where a party fails to appear in person or to be represented at a conciliation, mediation or arbitration proceedings, the President or Vice-president—(a)may dismiss the matter;(b)continue with the proceedings in the absence of that party; or(c)adjourn the proceedings to a later date.20.(1)The Tribunal, the Commission and the Board shall not be bound by the law of evidence in force in Mauritius.(2)Where any witness objects to answering any question or to producing any relevant document on the ground that it will tend to incriminate him or on any other grounds which he can lawfully raise in civil or criminal proceedings, he shall not be required to answer the question or to produce the document, and shall not be liable to any penalty for refusing to do so.(3)For the purpose of dealing with any matter before it, the Tribunal, the Commission or the Board may, by order, require any person to—(a)furnish, in writing or otherwise, such particulars in relation to any matter as may be required;(b)attend before it and to give evidence on oath or otherwise; or(c)attend before it and produce any document.(4)Any order made under subparagraph (3) may include a requirement as to the date on which or the time within which the order is to be complied with.(5)Any order purporting to be signed by or under the authority of the President or Vice-president of the Tribunal, the President or Vice-president of the Commission, the Chairperson or Vice-chairperson of the Board shall be presumed, until the contrary is proved, to have been given by the Tribunal, the Commission or the Board, as the case may be.(6)Any person who, without lawful excuse, fails to obey an order given under subparagraph (3) shall commit an offence.(7)Any person who, being required by an order made under subparagraph (3) to furnish information, makes a statement or furnishes any information which he knows, or has reasonable cause to believe, to be false or misleading in a material particular shall commit an offence.(8)Any witness who is required to attend before the Tribunal, the Commission or the Board shall be entitled to the fees or allowances prescribed in the Witnesses’ Attendance Allowances Act for witnesses in civil cases.21.The President or Vice-president of the Tribunal or of the Commission shall not be called upon to give evidence relating to proceedings held before them in any other proceedings.22.(1)There shall not be included in any publication relating to any order, award, report, recommendation or other statement made or authorised by the Tribunal, the Commission, the Board, or by the Minister, any information disclosed during the course of proceedings under this Act by any party or witness in proceedings before the Tribunal, the Commission or the Board which was made known to the Tribunal, the Commission or the Board only by the disclosure, and in respect of which the party or witness has made a request during the proceedings that the information be withheld from publication, and no person concerned in or present at any proceedings of the Tribunal, the Commission or the Board shall publish or disclose the information to any person not concerned in or present at those proceedings, except with the consent of the party or witness.(2)Any person who publishes or discloses any information in breach of subparagraph (1) shall commit an offence.(3)Subparagraphs (1) and (2) shall be without prejudice to the power of the Tribunal, the Commission or the Board to take such other steps as they may consider necessary or desirable to safeguard national or industrial secrets or other information appearing to the Tribunal, the Commission or the Board to be deserving of confidential treatment.23.Subject to any other enactment, it shall be at the discretion of the Tribunal, the Commission or the Board to admit or exclude the public or representatives of the press from any of their proceedings.24.(1)In relation to proceedings before the Tribunal, the Commission or the Board—(a)where the public or representatives of the press are excluded, no report or summary of the proceedings shall be published; and(b)where the public or representatives of the press are permitted to be present, a fair and accurate report or summary of the proceedings may be published.(2)Until the order, award, report or other result of the proceedings has been published in accordance with this Act, no comments shall be published in respect of the proceedings or any evidence adduced in the course of those proceedings.(3)Any person who, before any award, order or other result of any proceedings before the Tribunal, the Commission or the Board has been published in accordance with this Act, publishes—(a)the terms of the order, award or report of other result; or(b)any comment on the proceedings or any evidence adduced thereat, shall commit an offence.Powers of Tribunal, Commission and Board
25.At any sitting of the Tribunal, the Commission or the Board, any person who—(a)subject to paragraph 20 (2), refuses to answer any question to the best of his ability;(b)insults any member thereof;(c)wilfully interrupts the proceedings or misbehaves in any other manner; or(d)commits any contempt of the Tribunal, the Commission or the Board, shall commit an offence.Miscellaneous
26.The Tribunal, the Commission or the Board shall be assisted in the performance of their functions by such public officers as the Minister may determine.27.Proceedings before the Tribunal, the Commission or the Board shall be exempt from stamp duty and registration dues.Third Schedule (Section 81)
Services requiring a minimum service
Air traffic controlCivil aviation and airport, including ground handling and ancillary servicesCustomsElectricityHealthHotel servicesHospitalPort, including cargo handling services and other related activities in the ports including loading, unloading, shifting, storage, receipt and delivery, transportation and distribution, as specified in section 36 of the Ports ActRadio and televisionRefuse disposalTelephoneTransport of passengers and goodsWater supplyFourth Schedule (Section 35)
Code of practice
Part I – Introduction
1.This Code is founded on the following 4 main principles—(a)the employer and his workers have a common interest in the success of the undertaking;(b)good employment relations are the joint responsibility of management and workers and the trade unions representing them;(c)collective bargaining, carried out in a reasonable and constructive manner between employers and strong representative trade unions, is the best method of conducting employment relations;(d)good human relations between employers and workers are essential to good employment relations.2.The standards set by this Code are not intended to be exhaustive or to prevent, by any person or authority concerned, the introduction of, or recommendation for, any additions or improvements.Part II – Basic employment relations principles
Harmonious employment relations
3.Neither management nor trade unions can alone promote and maintain a harmonious employment relations climate.4.Management and trade unions shall be engaged constructively and be committed to develop the necessary conditions conducive to harmonious employment relations at the workplace.5.Management and trade unions shall address employment relations and human resources management issues in a spirit of openness, trust, honesty, mutual respect and understanding.6.Management and trade unions shall adopt the right mindset to address conflict with a view to reaching a win-win situation through compromise or consensus, wherever possible.7.Management and trade unions shall be recognised as social partners on the same footing.8.A balance of power between management and trade unions is essential for harmonious workplace relations.Building up shared values
9.Management and trade unions both recognise that they have legitimate, different and also common interests.10.It is when they accept their differences that management and trade unions can be in a better position to develop a more structured, practical and proactive approach to employment relations issues, address conflicts, manage change in a more constructive manner and build upon areas of co-operation where the interests of labour and the organisation can converge and be eventually reconciled.11.Management and trade unions shall build up shared values around the improvement of the quality of working life (QWL) of the workers and the enhancement of productivity.12.(1)Management, workers and trade unions shall be committed to the improvement of productivity.(2)Productivity improvement contributes to enhance enterprises’ competitiveness and increase job opportunities, job security, wages and improve quality of jobs.13.Enhancing productivity shall not be understood as working harder, but rather as working smarter.14.It is management’s responsibility to provide the appropriate conditions for productivity enhancement by—(a)improving the working conditions and the workplace environment;(b)recognising the creative ability of workers and their potential to develop various skills and involving them in the decision making process at different levels;(c)empowering workers to enable them to participate effectively in the decision making process;(d)enhancing the self-image and self-esteem of workers;(e)considering trade unions as parties to the process;(f)rewarding workers for creativity, skill acquisition and productivity gains;(g)addressing concomitantly issues such as innovative work organisation methods and practices including team work and flexible work arrangements, flat organisation, quality circles, autonomous work group, marketing, purchasing, design, warehousing, distribution, administration and investment in technology.Socially responsible management
15.Management shall reconcile its objective of profitability with protection of employment and job creation.16.Management shall be committed to the concepts of good governance, such as transparency, accountability, responsibility, fairness and social responsibility.17.Management shall provide a safe workplace and decent work in conditions of freedom, equity, security and human dignity to workers.18.Management shall provide a work environment which enables workers to balance work with family commitments.19.Management shall ensure that enterprise restructuring, including merger and closure, takes place in conditions of fairness and equity.Proactive trade unionism
20.Trade unions shall approach employment relations issues in a proactive manner with a view to improving the conditions of employment of workers whilst preserving jobs and supporting job creation.21.Trade unions shall broaden their scope and place new issues, such as occupational safety and health, performance related pay schemes, productivity, technological and organisational innovation, flexibility, training, employability and enterprise competitiveness, on their agenda.22.Trade unions shall take a broader economic perspective when negotiating at industry level.23.Trade unions shall favour social dialogue and avoid confrontation24.Trade unions shall be proactive in addressing labour problems and endeavour to pre-empt conflicts at the workplace.25.Trade unions shall consider industrial action as a last resort26.Trade unions shall be engaged in the capacity building of their members for more effective participation in discussions at the workplace and in national social dialogue forum.Part III – Responsibilities management
27.While good employment relations are a joint responsibility, the primary responsibility for their promotion rests with management.28.Management at all levels shall pay regular attention to employment relations and managers shall, wherever possible, receive training in the employment relations implications of their jobs.29.Where a trade union has negotiating rights, management shall—(a)jointly with the trade union maintain effective arrangements for negotiation, consultation, communication, and for settling grievances and disputes;(b)take all reasonable steps to ensure that managers abide by collective agreements and use agreed procedures; and(c)make clear to workers that it welcomes their membership of the recognised trade union and their participation in the trade union’s activities.30.Where a trade union represents its members on legal issues, management shall—(a)maintain effective arrangements for consultation, communication and settling of individual grievances of members of the trade union, and ensure that those arrangements fully satisfy the rights of representation of the trade union, whether established by law or by agreement;(b)take all reasonable steps to ensure that managers comply with those arrangements; and(c)make clear to workers that it respects their rights to join a registered trade union and to take part in its activities, which include seeking recognition for negotiating purposes.31.Effective organisation of work is an important factor in good employment relations. Management shall, therefore, ensure that—(a)responsibility for each group of workers is clearly defined in the organisational structure;(b)each manager understands his responsibilities and has the necessary authority and training to do his job; and(c)individual workers or work groups know their objectives and priorities and are kept informed of progress towards achieving them.32.Every enterprise having more than 100 workers shall set up a Human Resources Management Department.33.Where an enterprise has less than 100 workers, the manager or his representative shall be appropriately trained in basic Human Resources Management principles.Trade unions of workers
34.The principal aim of trade unions of workers is to promote their members’ interests. They can do this only if the undertakings in which their members are employed prosper. They, therefore, have an interest in co-operating in measures taken to promote efficiency. They also share with management the responsibility for good employment relations.35.Trade unions of workers shall, therefore—(a)where appropriate, jointly with individual management, maintain effective arrangements for negotiation, consultation, communication and settling of grievances and disputes;(b)where appropriate, jointly with employers’ organisations and others concerned, maintain effective arrangements at industry or other levels for settling disputes and for negotiating terms and conditions of employment;(c)take all reasonable steps to ensure that their officers and members abide by collective agreements and agreed procedures; and(d)maintain effective procedures for resolving particular issues with other trade unions and make full use of any procedures established for settling inter-union disputes.36.Trade unions of workers shall ensure that their officers—(a)understand the organisation, policies and rules of their trade union;(b)understand their rights and obligations; and(c)are adequately trained to look after their members’ interests in an efficient and responsible way.37.To ensure that their organisation is effective, trade unions of workers shall also—(a)employ sufficient number of full-time officers to maintain adequate contact with management and with their members in every establishment where these trade unions have negotiating rights, and with any employers’ organisation concerned;(b)encourage their members to attend trade union meetings and to take part fully in trade union activities by holding branch meetings at times and places convenient to the majority; and(c)maintain effective procedures for settling disputes within the trade union.Trade union of employers
38.The principal aim of a trade union of employers is to promote those interests of their members which can best be served by co-operation at industry or other appropriate levels.39.A trade union of employers shall, therefore—(a)where appropriate, jointly with the trade unions of workers concerned, maintain effective arrangements at industry or other levels for settling disputes and for negotiating terms and conditions of employment;(b)encourage its members to develop effective arrangements for settling grievances and disputes at the level of the establishment or undertaking;(c)take all reasonable steps to ensure that its members abide by collective agreements and agreed procedures;(d)identify trends in employment relations to help its members to anticipate and keep abreast of changes;(e)collect and analyse information about employment relations and disseminate it among its members; and(f)provide an advisory service to its members on all aspects of employment relations.The individual worker
40.The individual worker has obligations towards his employer, towards the trade union to which he belongs and towards his fellow workers. He shares responsibility for the state of employment relations in the establishment where he works and his attitudes and conduct can have a decisive influence on them.41.Every worker shall—(a)satisfy himself that he understands the terms of his contract of employment and abide by them; and(b)make himself familiar with any arrangements for dealing with grievances and other questions which may arise out of his contract of employment, and make use of them as and when the need arises.42.Some workers have special obligations arising from membership of a profession and are liable to incur penalties if they disregard them. These may include obligations, for example with regard to health, safety and welfare, over and above those which are shared by the community as a whole.43.A professional worker who belongs to a trade union shall fulfil the obligations which he has voluntarily undertaken on joining the trade union. He shall not, when acting in his professional capacity, be called upon by his trade union to take action which would conflict with the standards of work or conduct laid down for his profession and, in particular, if that action would endanger—(a)public health or safety;(b)the health of an individual needing medical or other treatment; or(c)the well-being of an individual needing care through personal social services.44.Professional associations, employers and trade unions shall co-operate in preventing and resolving any conflicts which may occur between obligations arising from membership of a profession and those which the professional worker owes to his employer and to his trade union, where he belongs to one.Part IV – Employment policies general
45.Clear and comprehensive employment policies are essential to good employment relations. Management shall initiate these policies which shall be developed in consultation or following negotiations, as appropriate, with trade unions of workers.46.Employment policies shall be positive to—(a)avoid discrimination of any kind as to occupation, age, marital status, sex, sexual orientation, colour, race, religion, HIV status, national extraction, social origin, political opinion or affiliation; and(b)promote equal opportunity in employment.Planning and use of manpower
47.Manpower planning such as taking stock, calculating future requirements, identifying the action necessary, shall be carried out in a manner appropriate to the size and nature of the undertaking.48.In operating its manpower policies, management shall—(a)avoid unnecessary fluctuation in manpower;(b)where changes become necessary, make them, as far as practicable, with little disruption to the workers concerned;(c)maintain arrangements for staff redeployment within the undertaking; and(d)record information with a view to identifying the cause of, and to controlling, absenteeism and labour turnover.Recruitment and selection
49.In recruiting and selecting workers, management shall—(a)decide on the qualifications and experience required for the job;(b)consider filling vacancies by transfer or promotion within the undertaking;(c)obtain as much information about applicants as is relevant to selection for the job, but avoid inquiries which are unnecessary for that purpose;(d)base selection on suitability for the job; and(e)explain the main terms and conditions of employment and give any relevant information about existing trade union arrangements before an applicant is engaged.Training
50.Management shall ensure that new recruits are given—(a)induction training; and(b)training needed to supplement previous education, training and experience.51.Management shall ensure that young recruits are, in addition, given broader initial instruction covering—(a)a general introduction to their working life, including the importance of health and safety precautions; and(b)basic training in related skills, where appropriate, as well as specific training in their particular jobs.52.Management shall—(a)ensure that any necessary further education and training is provided when there is a significant change in the nature or level of the job; and(b)encourage workers to take advantage of relevant further education and training opportunities at all stages of their careers.Payment systems
53.Payment systems vary according to the nature and organisation of the work, local conditions and other related factors.54.Payment systems shall be—(a)kept as simple as possible and be consistent with their purpose so that workers can understand them;(b)based, wherever applicable, on some form of work measurement under which payment is linked to performance; and(c)jointly negotiated where trade unions have negotiating rights.55.Differences in remuneration shall be related to the requirements of the job, which shall, wherever possible, be assessed in a rational and systematic way in consultation with the trade unions concerned.56.Payment systems shall be periodically reviewed to make sure that they suit current circumstances and take account of any substantial changes in the organisation of work or the requirements of the job.Status and security of workers
57.As far as is consistent with operational efficiency and success of the undertaking, management shall—(a)provide stable employment, including reasonable job security for workers who are absent due to illness or other causes beyond their control; and(b)avoid unnecessary fluctuations in the level of earnings of workers.58.Differences in the conditions of employment and status of different categories of workers and in the facilities available to them shall be based on the requirements of the job. The aim shall be to reduce progressively and remove ultimately differences which are not so based. Management, workers and trade unions shall co-operate in working towards this objective.Reduction of workforce
59.Management shall anticipate and manage changes and avoid crisis management.60.Management shall introduce training programmes to prepare workers for—(a)different approaches to their work as a result of technological, organisational or economic changes;(c)adapting to the needs of the labour market, should they be forced to leave the enterprise.61.A policy for dealing with reductions in the workforce, if they become necessary, shall be worked out in advance as far as practicable and shall form part of the undertaking’s employment policies. As far as is consistent with operational efficiency and the success of the undertaking, management shall, in consultation with the trade unions concerned, seek to avoid redundancies by such means as—(a)restrictions on recruitment;(b)retirement of workers who are beyond the normal retiring age;(c)reduction in overtime;(d)shorter working hours to cover temporary fluctuations in manpower needs; or(e)re-training or transfer to other work.62.Where redundancy becomes inevitable, management shall—(a)give reasonable or prescribed notice to the workers, to the Ministry responsible for labour and industrial relations and to the trade unions concerned;(b)consider introducing schemes for voluntary redundancy, retirement, transfer to other departments within the undertaking, and a phased rundown of employment;(c)establish which workers are to be made redundant and the order of discharge;(d)offer help to workers in finding other jobs, in co-operation with the Ministry responsible for employment; and(e)decide how and when to make the facts public, ensuring that no announcement is made before the Ministry, the workers and their trade unions have been informed.working conditions
63.Management shall, in consultation and co-operation with workers and their trade unions, aim at improving the minimum standards of working conditions specified in any enactment.64.Management and trade unions shall—(a)take all reasonable steps to ensure that workers understand and observe all health and safety precautions, whether established by law or by agreement and, in particular, make use of appropriate protective equipment; and(b)maintain regular consultation on matters relating to health and safety.Part V – Communication and consultation general
65.Management and trade unions shall co-operate to ensure that effective communication and consultation take place so as to promote efficiency, understanding and the individual worker’s sense of satisfaction and involvement in his job.66.Communication and consultation are particularly important in times of change. The achievement of change is a joint concern of management and workers and shall be carried out in a way which has regard both for the efficiency of the undertaking and the interests of the workers. Major changes in working arrangements shall not be made by management without prior discussions with workers and their trade unions, if any.67.When changes in management take place following, for example, a merger or take-over, the new managers shall make prompt contact with the trade unions concerned and take steps to explain any changes in policies affecting workers.communication
68.The most important method of communication is through personal contact between each manager and his immediate work group or individual workers and between managers and workers’ representatives.69.Personal contact shall, where appropriate, be supplemented by written information and additionally by training and induction lectures or courses and special meetings.70.Management shall, as far as is reasonably possible, regularly provide workers with information on—(a)the performance and plans of the establishment in which they work and, so far as they affect it, of the whole undertaking;(b)working environment and conditions; and(c)any changes in organisation and management affecting workers71.It is the duty of managers at all levels to explain clearly to those responsible to them management policies and working instructions.workers handbook
72.Every enterprise of 100 or more workers shall issue to every worker a handbook, which shall be in a simple and clear language. The handbook may include the following—(a)the mission statement of the organisation;(b)the goals and objectives of the organisation;(c)the corporate culture of the organisation;(d)the organisation’s performance and prospects;(e)the organisational charts and its communication flow charts;(f)the contractual terms and conditions of employment of the workers;(g)the organisation policies and procedures;(h)the training policy and career development prospects; and(i)the disciplinary, grievance and dispute procedures73.Management shall avoid impersonal forms of communication, especially when dealing with important and sensitive issues.Consultation
74.Consultation means jointly examining and discussing problems of concern to both management and workers. Consultation between management and workers or their trade union representatives about operational and other day-today matters is necessary in all establishments, whatever their size. Large establishments shall have systematic arrangements for management and trade union representatives to meet regularly.75.Management shall, after consultation with the trade unions concerned, set up and maintain appropriate consultative arrangements. The arrangements shall not be used to bypass or discourage trade unions.76.Consultation and negotiation are closely related but distinct processes. Management and trade unions shall consider carefully how to link the two. It may often be advantageous for the same committee to cover both. Where there are separate bodies, systematic communication between those involved in the 2 processes is essential.Part VI – Workers’ participation
77.Workers’ participation is essential to create an environment of openness and to manage workplace changes.Workers’ participation in decision-making
78.Management shall establish mechanisms, such as a Joint Consultative Committee, for effective consultation with workers and their trade union representatives.79.A Joint Consultative Committee shall be established through agreement between employers, workers and their recognised trade unions, if any, and shall aim at improving—(a)quality of working life;(b)employment relations; and(c)productivity and efficiency.80.Every enterprise having a labour force of 50 or more workers shall establish a Joint Consultative Committee.81.Any established Joint Consultative Committee shall lay down the rules and procedures of the Committee, which shall include—(a)the title and objectives of the Committee;(b)the terms of reference of the Committee and subjects to be discussed;(c)the size and composition of the Committee;(d)procedure for electing workers’ representatives;(e)a provision that workers will not be penalised for their participation in the activities of the Committee;(f)meeting arrangements and intervals of meetings;(g)rules of confidentiality;(h)facilities for committee members, such as time-off facilities;(i)arrangements for reporting back; and(j)training facilities for Committee members.82.Management shall nominate senior managers with authority and standing in the Joint Consultative Committee.83.The subjects to be discussed in the Joint Consultative Committee may include—(a)the overall business situation;(b)the business prospects;(c)the business strategy;(d)the improvement of labour processes, introduction of new technologies and new systems of working;(e)output, quality, productivity and performance enhancement programmes;(f)review of existing incentives and introduction of new one;(g)workers’ financial participation schemes;Workers’ financial participation
84.Management may set up workers’ financial schemes so as to ensure a fair distribution of profits and productivity gains to workers.85.Where there is a recognised trade union, the modalities of any workers’ participation scheme shall be subject to discussions and agreement between management and the recognised trade union.86.Workers’ financial participation schemes may include—(a)cash-based gain sharing, such as sharing profit or productivity gains;(b)deferred profit-sharing; or(c)workers’ shared ownership.Part VII – Collective bargaining general
87.Collective bargaining may take place at various levels, ranging from a group of workers within an enterprise to an industry. Negotiations for the same group of workers may be conducted at different levels about different issues.88.Where negotiations take place at more than one level, the matters to be bargained about at each level shall be defined by agreement. The aim shall be to assign to each level the matters which can be realistically settled at that level. Whatever the level at which an agreement is reached, its terms shall be applied effectively at the place of work.Bargaining units
89.Collective bargaining in an enterprise is conducted in relation to defined groups of workers which can appropriately be covered by one negotiating process.90.A bargaining unit shall cover as wide a group of workers as practicable. Too many small units make it difficult to ensure that related groups of workers are treated consistently. The number of separate units can often be reduced by the formation of a joint negotiating panel representing a number of trade unions.91.The interests of workers covered by a bargaining unit need not be identical, but there shall be a substantial degree of common interest. In deciding the pattern of bargaining arrangements, the need to take into account the distinct interests of professional or other workers who form a minority group shall be balanced against the need to avoid unduly small bargaining units.92.Factors which shall be taken into account in establishing a bargaining unit include—(a)the nature of the work;(b)the training, experience and professional or other qualifications of the workers concerned;(c)the extent to which they have common interests;(d)the general wishes of the workers concerned;(e)the organisation and location of the work;(f)hours of work, working arrangements and payment systems;(g)the matters to be bargained about;(h)the need to fit the bargaining unit into the pattern of trade union and management organisation;(i)the need to avoid disruption of adequate existing collective bargaining arrangements which are working well; and(j)whether separate bargaining arrangements are needed for particular categories of workers, such as supervisors or workers who represent management in negotiations.93.(1)Where proposals are made for establishing or varying a bargaining unit, the first aim of management and trade unions shall be to reach agreement.(2)Where there is no agreement, parties shall, jointly or separately, consider referring the matter to—(a)an employers’ organisation;(b)a higher level within the trade union; or(c)the Commission for examination and advice.Recognition - general consideration
94.The interests of workers are best served by strong and effective trade unions.95.The competition among separate trade unions for the right to negotiate for the same category of workers leads to friction and weakens the trade unions.96.Recognition agreements applying to an industry and made between federations or groups of trade unions and employers shall be concluded whenever appropriate.Claims for recognition
97.A claim for recognition by a trade union shall not be entertained insofar as that claim is based on discrimination of any kind including discrimination as to occupation, age, marital status, sex, sexual orientation, colour, race, religion, HIV status, national extraction, social origin, political opinion or affiliation.98.Claims by trade unions for recognition for negotiating purposes shall, as far as possible, be settled voluntarily between the parties.99.In the case of any claim, management is entitled to know the number, but not the identities of the workers in the proposed bargaining unit who are members of the union making the claim.100.In general, it is in the interest of workers and of the industry that any given category of workers in an undertaking shall be represented by a single trade union.101.The fact that conflicting claims are made by trade unions to represent a given category of workers is not in itself a justification for the employer to refuse negotiating rights to a trade union.102.Where 2 or more trade unions seek recognition in respect of the same category of workers in an industry, those unions shall examine the possibilities of an amalgamation, or of the formation of a joint negotiating panel, or of some other appropriate variation in the trade union structure in the industry in question.103.The responsibility to avoid disputes on recognition matters between trade unions rests principally with the trade unions themselves. Employers shall endeavour to observe a position of neutrality where rival claims are concerned, and a position of neutrality must include the honouring of all existing collective bargaining commitments.104.The responsibility of a trade union for the failure of an existing joint negotiating panel, or for the failure of a proposed panel to gain acceptance, shall weigh heavily against any claim by that trade union for individual recognition.105.Where there is any uncertainty as to the prospect of a joint negotiating panel acting as a single entity and behaving responsibly towards the employer, the formation of that panel may be recommended or agreed upon for a trial period, or for more than one trial period.After recognition
106.Management and recognised trade unions shall facilitate and encourage personal contact and discussions between managers and officers of the trade unions at all appropriate levels.Collective agreements
107.Collective agreements deal with matters of procedures and matters of substance which are of joint concern to management and workers. A single agreement may contain provisions of both kinds or they may be dealt with in separate agreements. In either case, the agreement shall be in writing and shall contain provisions for checking that procedural provisions have not become out of date.108.Collective agreements shall contain substantive provisions relating to terms and conditions of employment and shall indicate the duration for which they are to apply. Collective agreements shall inter alia, cover—(a)wages or salaries as appropriate, overtime rates, bonuses, piecework rates and other systems relating earnings to performance;(b)hours of work, and, where appropriate, provisions for hours of overtime and shift work; and(c)leave entitlement and pay.109.Collective agreements may also cover such matters as—(a)techniques for determining levels of performance and job grading, such as work measurement and job evaluation;(b)procedures for handling redundancy and temporary lay-offs; and(c)the deduction by management of trade union dues from the pay of members110.It is advantageous for collective agreement to be made at industry level to cover as many aspects as possible relating to—(a)terms and conditions of employment suitable for general application;(b)general guidelines for negotiating at a lower level matters which cannot be decided satisfactorily at industry level; and(c)a procedure for settling disputes, either for the industry as a whole or as a model for individual undertakings to adopt by agreement.111.To maintain fair and stable pay structures, an agreement reached at the level of the enterprise shall define—(a)how and within what limits any negotiations at a lower level shall be conducted; and(b)how it relates to any relevant industry-wide agreement.Bargaining in good faith
112.Where a trade union or a group of trade unions has been recognised as a bargaining agent, the trade union or the group of trade unions and the employer shall bargain in good faith.113.Bargaining in good faith requires the trade union or the group of trade unions and the employer to—(a)meet and discuss meaningfully—(i)a collective agreement or any variation of a collective agreement, including matters relating to the initiation of the bargaining or for the renewal of a collective agreement;(ii)any matter arising out of or in relation to a collective agreement while the agreement is in force; and(iii)any proposal by an employer that may affect the workers’ terms and conditions of employment, including a proposal to contract out work otherwise done by the workers or to sell or transfer all or part of the employer’s business.(b)do their best to enter into a procedure agreement as soon as possible;(c)do their best to find mutually acceptable solutions and to enter into an agreement, as soon as possible;(d)recognise the role and the authority of any person chosen by each party to be its representative or advocate;(e)negotiate in a reasonable, fair and honest manner;(f)refrain from doing any act that is likely to undermine the bargaining process or the authority of the other party;(g)provide the other party information that is reasonably necessary to support or substantiate their respective position;(h)respond and give consideration to proposals made by the other party;(i)consider the proposals of the other party within a reasonable period and, where the proposal is not accepted, offer an explanation for the non-acceptance;(j)identify the barriers to agreement and give further consideration to their respective position in the light of any alternative options put forward;(k)conclude a collective agreement, unless there is a valid reason not to do so; and(l)sign the collective agreement.114.Bargaining in good faith does not require a trade union or a group of trade unions and an employer bargaining for a collective agreement to—(a)agree on all matters to be included in a collective agreement; and(b)enter into a collective agreement.115.Notwithstanding paragraph 114, bargaining in good faith implies that the parties shall continue to bargain on other issues even if they have come to a dead-lock on any issue and to conclude an agreement, unless there is a reasonable ground not to do so.116.Bargaining in good faith does not prevent the parties from expressing their respective opinions.117.Collective bargaining shall be deemed to be in bad faith where a trade union or an employer without entering into discussion—(a)rejects a claim without any valid reason or explanation;(b)uses delaying tactics;(c)adopts a take-it or leave-it attitude; or(d)threatens and uses intimidating language with a view to endangering the harmonious industrial relations at the workplace.118.Where a party has reasonable grounds to believe that there has been a breach of good faith during the negotiations, the party shall, wherever practicable, raise the matter at an early stage to enable the other party to remedy the situation.Part VIII – Worker representation at the place of work
119.Workers need representatives to put forward their collective views to management and to safeguard their interests. It is also easier for management to deal with representatives who can speak for their fellow workers.120.A workplace representative represents the members of his trade union at the place of work, but the trade union of which he is an officer is responsible for his actions. Accordingly, trade unions shall clearly define the powers and duties of workplace representatives, and the circumstances and manner in which they can be removed from office.121.Trade unions and management shall seek agreement on—(a)the number of workplace representatives needed in the workplace; and(b)the work groups for which each representative is responsible.122.Management shall make available facilities to the trade unions to conduct elections at the workplace.123.Trade unions shall notify management promptly in writing when officials are appointed and when changes are made.124.Trade unions shall—(a)give each workplace representative written credentials setting out his powers and duties within the trade union, the work group he represents and his term of office; and(b)seek agreement with management on the issue of joint written credentials setting out the relevant rights and obligations of such representatives.125.Where more than one trade union is recognised but each trade union has only a small number of members, the trade unions shall seek to agree on the election of a common representative to represent all their members at the workplace.126.Where there are a number of representatives of different trade unions which negotiate jointly, the trade unions shall seek to agree on the election of a common representative to co-ordinate their activities at the workplace.127.In each of these cases, trade unions shall seek agreement with management on the co-ordinating functions of the representative concerned.128.Management shall make available facilities appropriate to the circumstances, such as—(b)accommodation for meetings with, the workers whom they represent, other representatives and officers;(c)access to a telephone and the provision of notice boards; and(d)the use of office facilities where the volume of the representative’s work justifies it.129.Each trade union shall ensure that its representatives are adequately informed about its policies, organisation and agreements to which it is a party. Management shall ensure that the representatives are adequately informed about its objectives and employment policies.Part IX – Grievance and dispute procedures general
130.All workers have a right to seek redress for grievances relating to their employment. Each worker must be told how he can do so.131.Management shall establish, with the trade unions of workers concerned, arrangements under which individual workers can raise grievances and have them settled fairly and promptly. There shall be a formal procedure, except in very small enterprises where there is close personal contact between the employer and his workers.132.Where trade unions are recognised, management shall establish with them a procedure for settling collective disputes.133.Individual grievances and collective disputes are often dealt with through the same procedure. Where there are separate procedures, they shall be linked so that an issue can, if necessary, pass from one to the other, since a grievance may develop into a dispute.Individual grievance procedure
134.The aim of the procedure shall be to settle the grievance fairly and as near as possible to the point of origin. It shall be simple and rapid in operation.135.The procedure shall be in writing and provide that—(a)the grievance shall normally be discussed first between the worker and his immediate superior;(b)the worker shall be accompanied at the next stage of discussion with management by his workplace representative if he so wishes;(c)there shall be a right of appeal.Collective dispute procedures
136.Disputes are broadly of 2 kinds—(a)disputes of rights (i.e. as to legal rights), which relate to application of existing collective agreements or contracts of employment; and(b)disputes of interests (i.e. economic disputes), which relate to claims by workers or proposals by management about terms and conditions of employment.137.procedure for settling collective disputes shall be in writing and shall—(a)state the level at which an issue shall first be raised;(b)lay down time limits for each stage of the procedure, with provision for extension by agreement; and(c)preclude a strike, lock-out, or other form of industrial action until all stages of the procedure have been completed and a failure to agree formally recorded.138.The procedure shall have the following stages—(a)workplace representatives shall raise the issue in dispute with management at the level directly concerned;(b)failing settlement, it shall be referred to a higher level within the establishment; and(c)if still unsettled, it shall be referred to further agreed stages, for example, to a stage of an industry-wide procedure, or to a higher level within the establishment.139.The procedure shall include agreement to make use of the conciliation service provided by the Commission, and of the arbitration service provided by the Tribunal, and to take claims to the Court, as appropriate, before considering resort to any industrial action.Part X – Disciplinary procedures
140.Management shall ensure that fair and effective arrangements exist for dealing with disciplinary matters. These shall be agreed upon with the trade unions concerned and shall provide for full and speedy consideration by management of all the relevant facts. There shall be a formal procedure, except in very small establishments where there is close personal contact between the employer and his workers.141.Management shall make known to every worker—(a)disciplinary rules and the agreed procedures; and(b)the type of circumstances which can lead to suspension or dismissal.142.Disciplinary rules shall not be perceived as a means of imposing sanctions or a dismissal procedure but rather aiming at encouraging workers to conform to acceptable and reasonable standards at the workplace.143.Management shall apply progressive discipline on the understanding that discipline shall be corrective rather than coercive.144.In defining the rules and procedures, management shall consult and seek the agreement of the workers’ representatives or the recognised trade unions, where workers are unionised.145.The rules shall be set out clearly and concisely in writing and shall be communicated to all workers.146.The rules shall make a distinction between minor and serious cases of misconduct.147.When a disciplinary matter arises, the relevant supervisor or manager shall first establish the facts and, where appropriate, obtain statements from the witnesses before deciding to drop the matter, arrange for informal counselling or initiate formal disciplinary proceedings.148.Minor cases of misconduct and cases of sub-standard performance shall be dealt with by informal advice and counselling with the objective to help the workers to improve.149.Formal hearing shall be held in cases of alleged misconduct.150.Where a formal hearing is held, the person presiding over the hearing shall be a person who is able to make an independent decision and shall not have been involved in the investigation of the case.151.The person presiding over the hearing shall consider among other factors whether—(a)the worker broke a rule of conduct;(b)the rule was valid or reasonable;(c)the worker knew the rule or shall have known about the rule; and(d)the employer had been consistent in applying the rule.152.In any case, incidents related to gross misconduct shall be subject to investigation and or disciplinary proceedings before a decision is taken.153.Gross misconduct may include theft, fraud and deliberate falsification of records, physical violence, serious bullying and harassment, deliberate damage to property, serious insubordination, misuse of the enterprise’s property or name, bringing the employer into serious disrepute, serious incapacity due to alcohol or illegal drug abuse, serious negligence which may cause unacceptable loss, damage, or injury, serious infringement of health and safety rules, serious breach of confidence.154.The disciplinary procedures shall, without distinction or discrimination of any kind as to occupation, age, marital status, sex, sexual orientation, colour, race, religion, HIV status, national extraction, social origin, political opinion or affiliation—(a)specify the level of management which has the authority to take disciplinary actions;(b)provide for the worker to be informed of the charges levelled against him;(c)give the worker an opportunity to state his case;(d)give the worker the right to be accompanied in a hearing by his trade union representative or an officer of the Ministry responsible for labour relations or his legal adviser;(e)provide for proceedings, witness statements and records to be kept confidential;(f)provide for the matters to be dealt with without undue delay;(g)indicate the disciplinary actions which may be taken;(h)ensure that disciplinary actions are not taken until the case has been fully investigated into;(i)ensure that workers are given an explanation for any sanction taken;(j)provide procedures for right of appeal and for the appeal to be heard by a senior manager not involved in the initial disciplinary proceedings;(k)set a time limit not exceeding one fortnight for an appeal to be lodged;(l)provide for independent arbitration where the parties so wish.155.Where an appeal is given, the worker shall be informed of the results of the appeal in writing and if the decision constitutes the final stage of the appeal procedure, the worker shall be informed accordingly.156.Where the worker objects, on reasonable grounds, to the disciplinary proceedings being presided over by the person designated to do so, it may be appropriate to bring another person to chair the meeting.157.Management may have recourse to an oral warning in case of minor infringement, where the worker fails to meet the required standards in spite of counselling. Where the worker receives a warning, he shall be informed of the reason for it and of his right of appeal. The warning shall be disregarded after three months if the worker improves his conduct or his performance.158.Management may have recourse to a written warning for more serious infringement. The worker shall be informed of the reason for the warning and notified that a final warning would be given if there is no improvement after 6 months. He shall be informed of his right of appeal. The warning shall be disregarded after 6 months if the worker improves his conduct or performance.159.Management may have recourse to a final written warning where there has been no improvement despite previous warnings or where the infringement is sufficiently serious that management has no alternative than to issue a final warning. The worker shall be informed of the reason for the warning and of his right of appeal and of the possibility that failure on his part to improve his conduct or performance may lead to his dismissal. The warning shall be disregarded after 12 months if the worker has improved his conduct or his performance.160.Any suspension without pay shall be limited to a period of not more than 4 days.161.As a last resort, management may consider dismissal where the worker still fails to improve his conduct or performance or where there is a case of gross misconduct.162.No disciplinary action shall be contemplated against an officer until the case is discussed with a senior officer.