CHAPTER 269 - INDUSTRIAL RELATIONS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Conduct of Ballot Regulations

Representative Body (Registration and Prescribed Forms) Regulations

Industrial Relations Court Rules

CONDUCT OF BALLOT REGULATIONS

[Section 109]

Arrangement of Regulations

   Regulation

   1.   Title and application

   1A.   Interpretation

   2.   Notification of ballot

   3.   Establishment of voting points

   4.   Supervision of voting points

   5.   Equipment at voting points

   6.   Distinguishing ballot boxes, etc.

   7.   Structure of ballot boxes

   8.   Condition of ballot boxes

   9.   Conduct of ballot

   10.   Sealing of ballot boxes after voting

   11.   Voting at other voting points

   12.   Representative at counting of votes

   13.   Counting of votes

[Regulations by the Minister]

SI 65 of 1991,

SI 80 of 2003.

1.   Title and application

These regulations may be cited as the Conduct of Ballot Regulations, and shall apply to every ballot conducted by a representative body.

[Reg 1 am by reg 2 of SI 80 of 2003.]

1A.   Interpretation

In these Regulations unless otherwise the context requires–

“representative body” means a trade union, a of trade unions, an employers’ organisations or any other representative registered under the Act.

[Reg 1A ins by reg 3 of SI 80 of 2003.]

2.   Notification of ballot

Where a trade union, the Congress, association or the Federation is required to conduct a ballot it shall—

      (a)   not less than seventy-two hours before the ballot is held, notify the proper officer in writing specifying the matter to be determined and the day and the time when balloting shall take place;

      (b)   not less than twenty-four hours before the ballot is held, furnish to the proper officer a list of the persons who are eligible to vote in the ballot together with such other particulars concerning such persons as the proper officer may require;

      (c)   on the request of the proper officer, furnish him with such evidence, as he may require by affidavit or otherwise, as he may require as to the eligibility to vote of all or any of the persons referred to in paragraph (b);

[Reg 2(c) am by reg 4 of SI 80 of 2003.]

      (d)   before the ballot is conducted, give adequate notice of such intention to its members:

Provided that in the case of a strike ballot or lockout ballot not less than 48 hours notice shall be given to the members before such ballot is conducted.

3.   Establishment of voting points

The proper officer in consultation with a trade union, the Congress, association or the Federation, as the case may be, shall appoint a place or places at which the voting point shall be established.

4.   Supervision of voting points

Every voting point shall throughout the period of voting be supervised by a proper officer who shall keep order thereat, and shall regulate the number of voters to be admitted to such point at any one time.

5.   Equipment at voting points

If the proper officer so directs the representative body shall, not less than one hour before the voting is held, provide, to the satisfaction of the proper officer, enclosed voting booths and, chairs and tables in such numbers as may be necessary.

[Reg 5 subs by reg 5 of SI 80 of 2003.]

6.   Distinguishing ballot boxes, etc.

For the purpose of enabling voters to cast their votes for or against the proposal to be determined by the ballot, the proper officer shall—

      (a)   determine the number of ballot boxes to be put in voting booth;

      (b)   ensure that each ballot box is clearly distinguished from the other, by colour or by a mark affixed to it;

      (c)   affix notice at the entrance to each voting booth stating the proposal to be determined by the booth;

      (d)   take such steps as may seem to him necessary to explain to voters the purpose and method of voting.

7.   Structure of ballot boxes

Each ballot box shall be constructed in such a manner that the balloting tokens can be freely introduced therein but cannot be withdrawn therefrom without the box being unlocked, cut or broken open.

8.   Condition of ballot boxes

   (1) Immediately before a ballot is held, the presiding officer shall show each ballot box empty to—

      (a)   any representative of a representative body or a candidate who may be present and who has previously made his presence known to the proper officer;

[Reg 8(1)(a) am by reg 7 of SI 80 of 2003.]

      (b)   such other persons as may be present.

   (2) The proper officer shall ensure that the ballot box is sealed in a manner that it cannot be opened without breaking the seal.

9.   Conduct of ballot

Every ballot shall be conducted in accordance with the following provisions, that is to say—

      (a)   every voter taking part in a ballot shall present himself to the proper officer at a voting point during the hours laid down for the taking of the ballot and shall before recording his vote, identify himself by the production of his membership card or otherwise, as the proper officer may direct:

[Reg 9(a) am by reg 8(a) of SI 80 of 2003.]

Provided that any direction given by the proper officer under this paragraph shall be in accordance with the constitution of the representative body concerned.

[Reg 9(a) proviso ins by reg 8(b) of SI 80 of 2003.]

      (b)   the proper officer shall mark off the name or number of each voter on the list provided under paragraph (b) of regulation 2;

      (c)   the proper officer shall then deliver to the voter a token marked with an official mark in such form as the proper officer may direct and any token not so marked shall be void and shall not be counted;

      (d)   the voter shall then—

      (i)   enter the balloting booth alone;

      (ii)   record his vote by placing the token in the ballot box or boxes as the case may be, provided therein; and

      (iii)   leave the balloting booth without delay.

10.   Sealing of ballot boxes after voting

As soon as practicable after the close of each day of voting, the proper officer shall at each voting point seal each ballot box, and all the ballot boxes together shall be locked by him in such place as he may provide for the purpose.

11.   Voting at other voting points

Any person otherwise eligible to vote at any voting point who, at the time of voting, finds himself at another voting point may cast his vote at that point:

Provided that—

      (a)   he can satisfactorily identify himself to the proper officer at the voting point where he wishes to cast his vote, and

      (b)   he is in possession of a letter from a responsible official of the trade union, Congress association or Federation as the case may be, stating that he is eligible to vote in the ballot; or

      (c)   any proper officer at the voting point where such person wishes to cast his vote has been advised by telegram or otherwise in terms similar to those specified under paragraph (b).

12.   Representative at counting of votes

The trade union, Congress, association or Federation may appoint no more than three representatives to attend at the counting of votes after the ballot has been closed.

13.   Counting of votes

   (1) Except in the case of a ballot conducted at more than one voting point, the proper officer at each voting point shall, as soon as practicable after the close of voting, count the votes and record the result of the ballot in the presence of representatives referred to under regulation 12 and the result so recorded shall be published in such a manner as the proper officer may direct.

   (2) Where a ballot is conducted at more than one voting point the ballot figures for all voting points shall be added together so as to record the total results of the ballot and the result shall be published in such manner as the Labour Commissioner may direct.

REPRESENTATIVE BODY (REGISTRATION AND PRESCRIBED FORMS) REGULATIONS

[Section 112]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Registration as representative

   3A.   Payment of Registration fee

   4.   Essential service certificate

   5.   Prescribed forms

      SCHEDULE

[Regulations by the Minister]

SI 73 of 1994,

SI 55 of 1999,

SI 79 of 2003.

1.   Title

These Regulations may be cited as the Representative Body (Registration and Prescribed Forms) Regulations.

2.   Interpretation

In these Regulations unless the context otherwise requires—

“representative body” means a trade union, federation of unions, an employers’ organisation and a federation of employers’ organisations or any other representative body registered under the Act.

[Subs by reg 2 of SI 55 of 1999.]

3.   Registration as representative

An application for registration as a representative body, shall be in Form 1 set out in the Schedule.

3A.   Payment of Registration fee

Subject to the provisions of the Act, a certificate of registration shall be issued upon payment of a registration fee of—

      (a)    two thousand seven hundred and seventy-eight fee units in the case of a trade union;

      (b)    two thousand seven hundred and twelve fee units in the case of an employers’ organisation; or

      (c)    eleven thousand one hundred and twelve fee units in the case of a federation of employers’ organisation.

[Subs by reg 2 of SI 79 of 2003.]

4.   Essential service certificate

An employee engaged or employed in an essential service as provided for under section 107 of the Industrial and Labour Relations Act, shall be issued with an essential service certificate by his employer in Form 7 set out in the Schedule.

5.   Prescribed forms

The forms set out in the Schedule to these Regulations are hereby prescribed for the purpose mentioned in each form.

SCHEDULE

Form 1

PRESCRIBED FORMS

[Regulation 3]

APPLICATION FOR REGISTRATION OF REPRESENTATIVE BODY

   1. This application is made by—

      (a)   not less than fifty supporting employees in the case of a trade union;

      (b)   in the case of an employers’ organisation not less than five members or such lesser number as the commissioner may accept;

      (c)   in the case of a federation of trade unions or a federation of employers’ organisations, not less than two registered trade unions or registered employers organisations, respectively.

[Form 1 para 1 subs by reg 4 of SI 55 of 1999.]

2. The representative body shall be registered in the name of ....................................................................................................... as set out in rule No. ................................. of the constitution of the representative body.

3. To the best of our belief, there is no other existing representative body registered in the name identical to or so nearly resembles the names of this representative body, so as to cause confusion to its members and the public at large.

4. The representative body was established on the ........................................................... day of ..................................................... in the year......................................................,by a resolution of the general meeting of the said representative body and an authenticated copy of such a resolution is hereby attached to this application.

5. The registered office of the representative body to which all communications and notices may be addressed is at as set out in rule No. ...................................................................... of the constitution of the representative body.

6. The objects for which the representative body is established, and the class or classes or category or categories of employees or employers as the case may be which the representative body shall represent is set out in rule No. ................................. of the constitution of the representative body.

7. The provision for the organisational structure of the representative body, the mode of appointment and removal of officers responsible for the administration of the representative body and the powers and duties of such officers are set out in rule No. ....................... of the constitution of the representative body.

8. The purpose to which the funds of the representative body may be applied are set out in rule No. .......................................... of the constitution of the representative body.

9. The provision for the payment of subscriptions and fees by the members and the methods of collection thereof are set out in rule No. ............................... of the constitution of the representative body.

10. The provision for the vesting and safe custody of the funds and property of the representative body, and the banking and investment of the funds, maintenance, inspection and periodical auditing of its accounts and other financial records are set out in rule No. ............................... of the constitution of the representative body.

11. The provisions for disqualification of a member from voting on any matter concerning the representative body or from election or appointment to any office in the representative body of an office holder who has the function of dealing with the funds or to any office in the representative body or its organs are set out in rule No. ......................... of the constitution of the representative body.

12. The provision for election of officers within six months after registration of the representative body, and thereafter at regular intervals of not more than four years are set out in rule No. .......................... of the constitution of the representative body.

13. The provision for ensuring that all categories of members of the representative body are adequately and effectively represented on all the organs of the representative body are provided for in rule No. ........................... of the constitution of the representative body.

14. The provision for the manner of dissolving the representative body are set out in rule No..........of the constitution of the representative body.

15. The provision for ensuring the secrecy of any ballot regarding the taking of decisions—

      (a)   for the election of delegates, trustees or other officers;

      (b)   affiliation or disaffiliation to national or international organisations;

      (c)   on any proposal to dissolve the representative body or to reconstitute it so as to split it into two or more representative bodies;

      (d)   on any proposal to amalgamate it with one or more representative bodies, are set out in rule No..........of the constitution of the representative body.

16. The procedure for amending or altering the constitution of the representative body is provided for in rule No. ........................... of the constitution of the representative body.

17. The provision for safe-guarding the rights of individual members to a reasonable opportunity to vote in all matters concerning the representative body or to stand for any position in the representative body are set out in rule No. ...................... of the constitution of the representative body.

18. Accompanying this application are two copies of the constitution authenticated by duly authorised officers of the representative body.

19. The names and titles of officers of the representative body (including trustees) are as follows—

Name

Address

Designation

(a)..........................................

.......................................

.......................................

(b).........................................

.......................................

.......................................

(c)..........................................

.......................................

.......................................

(d)..........................................

.......................................

.......................................

(e)..........................................

.......................................

.......................................

(f)..........................................

.......................................

.......................................

(g)..........................................

.......................................

.......................................

(h)..........................................

.......................................

.......................................

(i)...........................................

.......................................

.......................................

(j)...........................................

.......................................

.......................................

(k).........................................

.......................................

.......................................

20. We, the undersigned, have been duly authorised by the representative body to make this application on its behalf. (The number required to make this application should be as indicated in paragraph (1).

Name

Employer

Address

Signature

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

Form 2

[Regulation 5]

CERTIFICATE OF REGISTRATION No.

IT IS HEREBY CERTIFIED that the whose registered office is situated at has been duly registered under the Industrial and Labour Relations Act, 1993, as a representative body for this ................................................ day of ................................................, the year .............. Signed:

Name:............................

Commissioner.........................................

Form 3

[Regulation 5]

APPLICATION FOR REGISTRATION OF ALTERATION OR ADDITION TO THE REPRESENTATIVE BODY'S CONSTITUTION

Name of Representative Body..........................................

Certificate of Registration No..............................................

Registration office situated at.................................................

1. This application for the registration or alteration or addition to the constitution of the above named representative body is made by—

      (a)   seven members in case of trade union; or

      (b)   four members in case of employer's association, whose names are subscribed at the foot hereof including the executive officers.

2. The applicants have been duly authorised to make this application on behalf of the said representative body, such authority consisting of a resolution passed at a general meeting held on the ............................................... day of .................................................... in the year .........................................

3. With this application are sent—

      (a)   a copy of the resolution or other authority authorising the alteration or addition to the constitution and signed by each of the applicants with their name and designation against each signature;

      (b)   two copies of the previous registered constitution amended or underlined in red showing where and in what manner alterations or addition have been made.

4. We, the persons whose names, signatures and designations are subscribed at the foot hereof, have made this application on behalf of the said representative body satisfied that the rules of the constitution were duly complied with.

Name

Signature

Designation

1.

2.

3.

4.

5.

6.

7.

Form 4

[Regulation 5]

REQUEST TO CANCEL CERTIFICATE OF REGISTRATION

Name of the Registration Body..................................................................................................................

Certificate of Registration No....................................................................................................................

To: THE COMMISSIONER

1. The above-named representative body desires that its certificate of registration under the Industrial and Labour Relations Act, 1993 may be cancelled on the following grounds:

(State reasons for desiring cancellation of the certificate of registration)......................................................................................

........................................................................................................................................................................................................

.........................................................................................................................................................................................................

2. (1) The request is duly made following a general meeting on .................................... day of ............................................ 20......... during which it was resolved as follows:

"that the trustees be authorised to request the commissioner to cancel the certificate of registration of this representative body"

      (2) If not at the general meeting, state in what manner the request has been determined:

3. This request is made on behalf of the representative body accordingly.

Name

Designation

Signature

1.

2.

3.

4.

5.

6.

7.

Note: Seven officers are required in case of trade unions whilst four officers are required for employers' associations.

Registered Office..................................................................................

Name and address to which communications are to be sent........................................................

Form 5

[Regulation 5]

To: The Commissioner P.O. Box 32186 Lusaka

I/We............................................................................................................ (name and address of employer) carrying on the business of ..............................................at and employing ....................................................................... eligible employees, do hereby apply for registration as an employer under section 63 of the Act.

Dated the day of........................................................... 20.............

Signature.....................................................

Designation:.................................................

Form 6

[Regulation 5]

CERTIFICATE OF REGISTRATION

IT IS HEREBY CERTIFIED that (name and address of employer).................................................................... carrying on the business of................................................... is registered as an employer under section 63 of the Act.

Dated the ................................................ day of ....................................... 20............

Signature:...............................................

Name: ...............................................

Commissioner................................................

Form 7

[Regulation 5]

ESSENTIAL SERVICE CERTIFICATE

Name and address of employer...........................................................

Name of employee:.................................................................................

Employee's National Registration Card No...................................................

Capacity in which employed..............................................................................

This is to certify that the employee mentioned herein is employed in an essential service (specify it here)

.......................................................................................................................................................................

........................................................................................................................................................................

Dated this ...................................................... day of ......................................... 20..........

Signed: ................................................................

Signed:...........................................................

Name: ....................................................................

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