EMPLOYEES' COUNCILS ACT

Arrangement of Sections

1. Short title.

2. Application of this Act.

PART I

Preliminary

3. Administration of this Act.

4. This Act shall be in addition to and not in derogation of any other law.

5. Agreements contrary to the provisions of this Act to be null and void.

PART II

Establishment of Employees' Councils

6. Establishment of Employees Councils.

7. Constitution of first Electoral Board.

8. Commissioner to appoint Electoral Board.

9. Eligibility of employees to be elected and to vote at elections of the Council.

10. Number of members consisting a Council.

11. Mode of election of members of the Council.

12. Power of Minister to make rules.

13. Functions of the Electoral Board.

14. Commissioner to decide branch or section of an undertaking an "undertaking”.

15. Election petitions.

16. Election offences.

17. Cost of election.

18. Duty of employers to grant leave without loss of pay to enable employees to vote.

19. Term of office of Council.

20. Where term of office is terminated earlier.

21. Dissolution of Council by the Commissioner.

22. Commissioner may remove any member of the Council.

23. Termination of membership.

24. Filling of vacancies.

PART III

Conduct of Business of Employees' Councils

25. Chairman and Vice-Chairman of the Council.

26. Meetings of the Council.

27. Decisions of meetings of the Council.

28. Minutes of meetings.

29. Postponement of decisions.

30. Standing Orders.

31. No extra remuneration for members of the Council.

32. Duty of employers to grant leave to members of Councils.

33. Publication of report of Council activities.

PART IV

Objects and Functions of Employees' Councils

34. Objects of the Council.

35. Relationship.

36. Duties of the Council.

37. Council entitled to receive certain information.

38. Meeting of employer and Council.

39. Proceedings before Commissioner.

40. Settlement before the Commissioner binding.

41. Council or a member of the Council not to interfere in the management of the undertaking.

42. Obstructing or hindering a member of the Council, an offence.

43. Member of the Council not to be prejudiced or favoured.

44. Rights of the Council in respect of accidents risks.

45. Right of consultation vested in the Council.

PART V

Representation of Governing Bodies

46. Regulations to be made for election of employees of specified undertakings to governing bodies.

PART VI

General

47. Commissioner or officer authorised by him to issue directions to employer.

48. Offences and penalties.

49. Penalty for offence for which no penalty is prescribed.

50. Liability of certain persons in respect of offences committed by bodies corporate or unincorporated.

51. Protection for members of Employees' Councils against victimisation by employers.

52. No prosecution for offence without sanction of Commissioner.

53. No Prosecution bar to civil action.

54. Regulations.

55. Interpretation

32 of 1979,

5 of 1984.

AN ACT to provide for the establishment of Employees' Councils in state undertakings and to specify their functions, to provide for employee participation in governing bodies of such undertakings, and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 15th June, 1979]

1. Short title.

This Act may be cited as the Employees' Councils Act.

2. Application of this Act.

(1) The Minister may, by Order published in the Gazette declare that the provisions of this Act shall apply to every State undertaking belonging to any such class or category of State undertaking specified in the Order.

(2) Every State undertaking to which the provisions of this Act applies by virtue of an Order made under subsection (1) is hereinafter referred to as a "specified undertaking”.

PART I

Preliminary

3. Administration of this Act.

(1) The Commissioner of Labour (hereinafter referred to as the "Commissioner”) shall, unless otherwise provided for in this Act, be in charge of the general administration of this Act.

(2) There may be appointed such number of Deputy Commissioners, Senior Assistant Commissioners and Assistant Commissioners of Labour, and other officers as may be required for the purpose of carrying out or giving effect to the provisions of this Act.

(3) Every Deputy Commissioner, Senior Assistant Commissioner, and Assistant Commissioner of Labour shall in the exercise, discharge and performance of his powers, functions and duties be subject to any general or special directions of the Commissioner.

4. This Act shall be in addition to and not in derogation of any other law.

The provisions of this Act shall be in addition to and not in derogation of the provisions of the Trade Unions Ordinance or of any other written law relating to employers or employees.

5. Agreements contrary to the provisions of this Act to be null and void.

Any agreement, whether oral or in writing, or whether expressed or implied, whereby any right conferred on an employee by this Act is in any way affected or modified to his disadvantage or whereby any liability imposed on an employer by this Act is in any way removed or reduced shall be null and void in so far as it affects or modifies such right or removes or reduces such liability.

PART II

Establishment of Employees' Councils

6. Establishment of Employees Councils.

Subject to the provisions of this Part, there shall be established an Employees' Council (hereinafter referred to as the "Council”) in every specified undertaking, within six months of the date on which the provisions of this Act commence to apply to such undertaking.

7. Constitution of first Electoral Board.

(1) In respect of every specified undertaking, the Commissioner shall appoint the first Electoral Board which shall consist of five members of whom two shall be eligible employees of the undertaking. The Commissioner shall appoint one member to be the Chairman of the Board.

(2) The first Electoral Board of a specified undertaking shall be constituted within six weeks of the date on which the provisions of this Act commence to apply to such undertaking.

8. Commissioner to appoint Electoral Board.

The Commissioner shall, subject to the provisions of subsection (4) of section 15, appoint an Electoral Board not less than two months before the expiry of the term of office of such Council and such Electoral Board shall consist of five eligible employees of whom one shall be appointed to be the Chairman of such Electoral Board.

[S 8 subs by s 2 of Act 5 of 1984.]

9. Eligibility of employees to be elected and to vote at elections of the Council.

Every eligible employee in any specified undertaking shall be entitled to be elected to and to vote at elections for membership of the Council established in such undertaking.

10. Number of members consisting a Council.

The Council of a specified undertaking shall consist of such number of members according to the number of eligible employees regularly employed in such undertaking, determined as follows—

(a) where the number of eligible employees does not exceed fifty the Council shall consist of three members;

(b) where the number of eligible employees exceeds fifty but does not exceed one hundred and fifty the Council shall consist of five members;

(c) where the number of eligible employees exceeds one hundred and fifty but does not exceed three hundred the Council shall consist of seven members;

(d) where the number of eligible employees exceeds three hundred but does not exceed six hundred the Council shall consist of nine members;

(e) where the number of eligible employees exceeds six hundred but does not exceed one thousand the Council shall consist of eleven members; and

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