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 employers' associations

   37.   Rights of employers

   38.   Employers' 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

      SCHEDULE

AN ACT

to revise the law relating to the formation of trade unions and employers' 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

1.   Short title

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 employers' 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.

3.   Interpretation

   (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 employers' 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;

“employers' organisations”

   (a)   means any group of employers registered under this Act whose principal objectives are the representation and promotion of employers' 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 employers' 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 employers' organisation and whose principal objectives include the regulation of relations between employers affiliated to the federation of employers' 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 employers' 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 employers' organisation” means a duly elected or appointed office holder of an employers' 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 employers' 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 employers' 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 employers' 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.]

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