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THE INDUSTRIAL RELATIONS ACT 1973
THE INDUSTRIAL RELATIONS ACT 1973
Act 67/1973

ARRANGEMENT OF SECTIONS

PART I – PRELIMINARY 1.
Short title.
2.
Interpretation.
3.
Application of Act.

PART II – REGISTRATION OF TRADE UNIONS 4.
Register of trade unions.
5.
Registration of trade unions.
6.
Application for registration.
7.
Objections to registration.
8.
Consideration of application and objection.
9.
Grounds for refusal to register.
10.
Notification of decision and appeal.
11.
Certificate of registration.
12.
Consequences of refusal to register.
13.
Cancellation of registration by order of Tribunal.
14.
Consequences of cancellation of registration.

PART III – CONSTITUTION AND ADMINISTRATION OF TRADE UNIONS 15.
Acts in contemplation or furtherance of industrial dispute.
16.
Trade union to be a body corporate.
17.
Rules of trade unions.
18.
Alteration of rules or change of name.
19.
Consideration of application.
20.
Membership.
21.
Members’ nominees.
22.
Registered office.
23.
Branches of trade unions.
24.
Executive and officers.
25.
Meetings of trade unions.
26.
Taking of ballots.
27.
Federation and amalgamation.
28.
Dissolution of trade unions.
29.
Application of funds.
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THE INDUSTRIAL RELATIONS ACT 1973
30. Restriction on use for political purposes.
31.
Political fund of federations.
32.
Notice to contribute to political fund.
33.
Misapplication of funds.
34.
Keeping of accounts and records.
35.
General statement to annual general meeting.
36.
Annual return to Registrar.
37.
Retention and inspection of records.
38.
Powers of Registrar in relation to accounts.

PART IV – PERMANENT ARBITRATION TRIBUNAL, INDUSTRIAL RELATIONS
COMMISSION AND NATIONAL REMUNERATION BOARD 39.
Establishment of Tribunal.
40.
Functions of Tribunal.
41.
Establishment of Commission.
42.
Functions of Commission.
43.
References to Commission by Minister.
44.
Conciliation service.
45.
Establishment of Board.
46.
Functions of the Board.
47.
Principles to be applied.
48.
Intervention by the Attorney-General.

PART V – PROTECTION OF INDIVIDUAL RIGHTS 49.
Rights of employees.
50.
Protection in unlawful actions.
51.
Closed shop agreement to be void.

PART VI – PROMOTION OF INDUSTRIAL RELATIONS 52.
Promotion of good industrial relations.
53.
Agreement of representational status.
54.
Order for representational status.
55.
Revocation of order.
56.
Applications to Commission.
57.
Extension of scope of application.
58.
Recommendations as regards recognition.
59.
Enforcement of recommendation for recognition.
60.
Order for recognition.
61.
Saving.
62.
Conditions for check-off agreements.
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THE INDUSTRIAL RELATIONS ACT 1973
63. Registration of check-off agreements.
64.
Tribunal may declare check-off agreements.
65.
Provisions relating to check-off agreements.
66.
Termination of check-off agreements.
67.
Application for agency shop order.
68.
Recommendations for agency shop order.
69.
Making of agency shop order.
70.
Effect of agency shop order.
71.
Workers Education Fund.
72.
Operation of agency shop order.
73.
Discontinuance of agency shop order.
74.
Limitations for applications.
75.
Deductions from wages of employees.
76.
Prohibition of other payments.
77.
Establishment of works councils.

PART VII – INDUSTRIAL DISPUTES 78.
Arbitration in industrial disputes.
79.
Reporting of industrial disputes.
80.
Rejection of report by Minister.
81.
Appeal to Tribunal.
82.
Consideration of report by Minister.
83.
Compulsory arbitration.
84.
Limitation on report of dispute.
85.
Effect of awards.
86.
Registration of collective agreement.
87.
Extension of awards and agreements.
88.
Interpretation of order, award and collective agreement.
89.
Order for adherence to agreed procedure.
90.
Order for utilisation of legal remedies.
91.
Order for adherence to award and agreement.
92.
Unlawful strikes and lock-outs.
93.
Imperiling the national economy.

PART VIII – REMUNERATION ORDERS 94.
References to the Board.
95.
Recommendations.
96.
Remuneration Orders.
96A.
Power to make regulations to reflect payment of additional remuneration
97.
Effect of Remuneration Order.
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THE INDUSTRIAL RELATIONS ACT 1973
98. Permits to infirm and incapacitated persons.

PART IX – THE PUBLIC SERVICE AND CIVIL SERVICE UNIONS 99.
Application of Act to public service.
100.
Civil Service Arbitration Tribunal.

PART X – OFFENCES AND PENALTIES 101.
Prevention of intimidation.
102.
Penalty for strike or lock-out offences.
103.
Offences by trade unions and officers.
104.
Other offences.

PART XI – MISCELLANEOUS
105.
No pay while on strike.
106.
Service of notices.
107.
Publication of returns.
108.
Regulations.

First Schedule – Trade Unions Rules
Second Schedule – Permanent Arbitration Tribunal Industrial
Relations Commission and National Remuneration Board
Third Schedule – Code of Practice
PART I – PRELIMINARY

1. Short title.

This Act may be cited as the Industrial Relations Act.

2. Interpretation.

(1) In this Act, unless the context otherwise requires –

“agency shop order” means an order under section
69;

“award” means an award made by the Tribunal under s
ection 78 or 83;
“bargaining unit” means employees or classes of employ
ees, whether or not
employed by the same employer, on whose behalf a collective agreement ma
y be
made;
“Board” means the National Remuneration Board estab
lished by section 47;
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THE INDUSTRIAL RELATIONS ACT 1973

“branch” means a branch of a trade union;
“check-off agreement” means an agreement between an em
ployer and a
trade union for dues to be deducted from the wages of an employee by the
employer
and paid to the trade union;
“civil service union” means a trade union of employees
membership of which
is confined to public officers;
“collective agreement” means a procedure agreement, or
an agreement which
relates to terms and conditions of employment, made between a trade unio
n of
employees or a joint negotiating panel and an employer or a trade union
of employers;
“collective bargaining” means negotiations relating to te
rms and conditions of
employment or to the subject matter of a procedure agreement;
“Commission” means the Industrial Relations Commission es
tablished by
section 41;
“contract of employment” means a contract of service o
r of apprenticeship,
whether express or implied;
“contribution” means the amount of money deductible fr
om the wages of an
employee under an agency shop order;
“Court” means the Industrial Court established under t
he Industrial Court Act;

“disciplined force” has the same meaning as in section
III of the Constitution;
“dues” means a regular subscription payable to a tr
ade union by a member as
a condition of his membership, but does not include any other subscripti
on or levy;

“executive” means the body entrusted with the manageme
nt of the affairs of a
trade union;

“federation” means a federation of trade unions;
“industrial dispute” means a dispute between an employ
ee or a trade union of
employees and an employer or a trade union of employers which relates wh
olly or
mainly to –

(a) a contract of employment or a procedure agreement except,
notwithstanding any other enactment, those provisions of the contract or

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THE INDUSTRIAL RELATIONS ACT 1973
agreement which –
(i) concern remuneration or allowance of any kind; and
(ii) apply to the employee as a result of the exercise by him of an op
tion
to be governed by the corresponding recommendations made in a report
of the Pay Research Bureau.
(b)
the engagement or non-engagement, or termination or suspension of
employment, of an employee; or
(c)
the allocation of work between employees or groups of employees;
Amended by [
Act No. 13 of 2003]

“industry” means trade;
“joint negotiating panel” means the representatives of
2 or more trade unions
of employees authorised to participate in collective bargaining and to e
nter into a
collective agreement;
“local authority” has the same meaning as in section 2
of the Local
Government Act 1989;
“lock out” means any action taken by an employer, whet
her or not in
contemplation or furtherance of an industrial dispute, and whether or no
t the employer
is a party to the dispute, which consists in –

(a) the exclusion of a group of employees fr
om a place of employment;
(b) the suspension of work in a place of employment; or
(c) the collective, simultaneous or otherwise co
nnected
termination or suspension of employment of a group of employees;
“Minister” means the Minister to whom responsibility f
or the subject of
Industrial Relations is assigned;
“negotiating rights” means the right to participate in
collective bargaining;
“officer” means, in relation to a trade union –

(a) a member of the executive;
(b) a member of the managing body of a branch;
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THE INDUSTRIAL RELATIONS ACT 1973
(c) a shop steward or other executive officer, by wh
atever name called;
“Pay Research Bureau” means the bureau referred to in the yearly Recurre
nt Budget
under the Vote of Expenditure pertaining to the Prime Minister’s Office.

Added by [
Act No. 13 of 2003] “political fund” means a fund of a trade union kept ex
clusively for the purpose
of incurring expenditure for the furtherance of political objects;
“procedure agreement” means an agreement which relates to
–
(a)
machinery for consultation with regard to, or for the settlement of, ter
ms and
conditions of employment;
(b)
negotiating rights;
(c) facilities for officers;
(d) procedures relating to disciplinary mat
ters; or
(e) procedures relating to grievances of in
dividual employees;

“public officer” includes primary aided school tea
cher;
“register” means the register required to be kept by t
he Registrar under
section 4;

“registered” means registered under this Act;
“registered office” means the registered place of busi
ness of a trade union;
“Registrar” means the Registrar of Associations or any ot
her public officer
acting on his behalf or under his authority;
“Remuneration Order” means an order under section 96;

“representational status” means the authority of a tra
de union of employees to
represent a member of that trade union in any difference between the mem
ber and his
employer in which the member is relying upon his legal rights;
“secretary” means the secretary of a trade union or an
y person who acts or
purports to act as such;
“sole bargaining agent” means a trade union or joint nego
tiating panel which
has exclusive negotiating rights in respect of a bargaining unit;
“special fund” means a fund of a trade union, other th
an a political fund, to
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THE INDUSTRIAL RELATIONS ACT 1973
which the members of the trade union are free not to contribute;
“strike” means any action taken by a group of employees,
whether or not in
contemplation or furtherance of an industrial dispute and whether or not
they are parties
to the dispute, which consists in –
(a)
a concerted stoppage of work; or
(b)
a concerted course of conduct, including going slow or working to rule,
which is carried on – (i) with the intention of preventing, reducing or otherwise
interfering with the production or distribution of goods or the
provision of services; and
(ii) in the case of some or all of the employees inv
olved,
in breach of their obligations to their employer or in disregard of the
normal arrangements between them and their employer;
“trade” or “industry” includes any occupation, calling or
business and includes
any part of a trade or industry;
“trade union” means an association of persons, whether
registered or not,
having as one of its objects the regulation of industrial relations betw
een employees
and employers and includes a federation;
“treasurer” means the treasurer of a trade union and i
ncludes any person who,
under the rules of the trade union, is responsible for any accounts of t
he trade union or
for the collection, receipt, disbursement, custody or control of the mon
eys of the trade
union;
“Tribunal” means the Permanent Arbitration Tribunal estab
lished by section
39;
“union’s share” means that portion of the contribution
which is payable under
section 70 to a trade union;
“visiting force” has the same meaning as in section 2
of the Visiting Forces
Act;
“wages” means all emoluments payable in cash to an emp
loyee under a
contract of employment;

3. Application of Act.

(1) Subject to subsection (2), this Act shall bind
the State.
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(2) This Act shall not apply –
(a)
to a member of a disciplined force;
(b)
to a member of a visiting force;

(c) to a person in the service of the State who is n
ot a public officer.
(3) Subject to Part IX, this Act shall apply to the pub
lic service and civil service
unions.

PART II – REGISTRATION OF TRADE UNIONS

4. Register of trade unions.
(1) The Registrar shall keep a register in the prescrib
ed form in which shall be
entered the particulars of all registered trade unions.
(2) Any interested person may, on written application to
the Registrar, at all
reasonable times inspect the register.

5. Registration of trade unions.
(1) Subject to section 110, every trade union shall, no
t later than three months
after the date of its formation, apply to the Registrar for registration
.
(2) No trade union shall claim or receive any admission f
ee, dues or
contribution unless the trade union has been registered under section 11
.
(3) Where a trade union fails to comply with subsection
(1) or (2), the trade
union shall commit an offence and the trade union shall be wound up by t
he Registrar
in the prescribed manner.

Amended by [
Act No. 25 of 1975]

6. Application for registration.
(1) The application for registration of a trade union sha
ll be in the prescribed
form.

(2) Every application under subsection (1) sha
ll be accompanied by –

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THE INDUSTRIAL RELATIONS ACT 1973
(a) the prescribed fee;

(b) two copies of the rules of the trade un
ion; and

(c) a statement of particulars in the presc
ribed form.
(3) The Registrar may, by written notice, require an appl
icant to provide any
further information he may reasonably require for the purpose of conside
ring the
application.
(4) Where the Registrar considers that the rules or the n
ame of the trade
union do not comply with this Act, he shall give written notice to the t
rade union of
the want of compliance and afford the trade union such time as he consid
ers
reasonable in which to submit amended rules or another name.
(5) The Registrar shall refuse any application which does
not comply with
this section.
(6)
Where a trade union –
(a)
fails to provide any information required by the Registrar under subsect
ion
(3); or
(b)
refuses to submit amended rules or another name as requested by the
Registrar under subsection (4),

the Registrar shall refer the application to the Commi
ssion.
7. Objections to registration.
(1) The Registrar shall, in the prescribed manner, publis
h in the Gazette and
in 2 daily newspapers a notice of any application which is not refused b
y him under
section 6(5).
(2) Any registered trade union may, not later than 21 day
s after the
publication of the notice in the Gazette under subsection (1), lodge a written
objection to the application with the Registrar.
(3) The Registrar shall, not later than 14 days after rec
eiving an objection
under subsection (2), by written notice, require the applicant to show
cause, within
such time as may be specified in the notice, why the objection should no
t be upheld.

8. Consideration of application and objection.

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THE INDUSTRIAL RELATIONS ACT 1973
(1) Where an objection to an application has been lodged
in accordance with
section 7(2), the Registrar shall, after the time limit specified in a
notice issued under
section 7(3) has elapsed, refer the application and the objection to t
he Commission.
(2) Where no objection is lodged in accordance with secti
on 7(2), the
Registrar may, after the time limit specified in section 7(2) has elap
sed –

(a) register the trade union; or

(b) refer the application to the Commission
.
(3) The Commission shall hear and consider the applicatio
n and any
objection to it and, after making such enquiries as it considers necessa
ry, direct the
Registrar to register or not to register the trade union.
(4) Where in accordance with subsection (3) the Commiss
ion directs the
Registrar –

(a) not to register a trade union; or
(b) notwithstanding an objection lodged against an a
pplication for
registration, to register a trade union,
it shall specify the grounds for refusing to register the trade union or
the reasons for
rejecting the objection, as the case may be.

9. Grounds for refusal to register.

(1) Subject to subsection (2), a trade union shall
not be registered if –

(a) any of its objects is unlawful or is in
consistent with this Act;
(b) the trade union is engaged, or is about to e
ngage, in activities
likely to cause a serious threat to public safety or public order;

(c) its rules are ambiguous;
(d) except in the case of a civil service union, its
membership is
open to public officers;

(e) its membership is open to persons who are not en
gaged in the
same trade, or in similar or connected trades or in the same undertaking
;

(f) its rules do not contain adequate provision, or
it is not organised
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THE INDUSTRIAL RELATIONS ACT 1973
to provide adequately, for the protection and promotion of the interests
of its
members in every trade which it purports to represent;

(g) any of its officers is not qualified to hold, or
is incapable of
performing the duties of, his office;

(h) its name is the same as that of a registered tra
de union or so
resembles that of a registered trade union that the public may be deceiv
ed or
misled; or

(i) its name is, in the Registrar’s opinion, objecti
onable or otherwise
unsuitable.
(2) Subsection (1)(d) shall not apply in relation to
the registration of a
federation comprising a federation of civil service unions and other tra
de unions.

Amended by [
Act No. 25 of 1975]; [ Act No. 35 of 1976]

10. Notification of decision and appeal.
(1) Where, pursuant to a direction of the Commission unde
r section 8(3), the
Registrar –

(a) refuses to register a trade union; or
(b) notwithstanding an objection lodged against
an application for
registration, registers a trade union,
he shall give written notice to the applicant trade union and to any tra
de union which
has objected to the application for registration, of the ground on which
the refusal is
based or, of the reasons for the rejection of the objection, as the case
may be.
(2) Any trade union aggrieved by a decision to register o
r not to
register a trade union may, not later than one month after the date of t
he notification of
the decision, appeal against the decision to the Tribunal and, on appeal
, the Tribunal
may make such order as it thinks fit.
(3) The Registrar may appear and be heard on an appeal u
nder subsection
(2).

11. Certificate of registration.
The Registrar shall, on registering a trade union, issue a certificate o
f registration in the
prescribed form to the trade union and the certificate shall, unless the
registration is
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THE INDUSTRIAL RELATIONS ACT 1973
cancelled pursuant to section 13, be conclusive evidence that the trade
union is not
registered.

Amended by [
Act No. 25 of 1975]

12. Consequences of refusal to register.
(1) Where the Registrar has refused to register a trade u
nion, the trade
union shall be dissolved forthwith and be wound up –
(a) if no appeal has been lodged under section 10(2
), not later than
one month after the date of the notification of the decision;
(b) if an appeal has been so lodged and the appeal h
as been
dismissed, not later than one month after the date of the dismissal of t
he appeal.
(2) Where a trade union is not wound up and its property
distributed as
provided by its rules within the time specified in subsection (1), eve
ry officer shall
commit an offence and the trade union shall be wound up by the Registrar
in the
prescribed manner.

Amended by [
Act No. 25 of 1975]

13. Cancellation of registration by order of Tribunal.

(1) The registration of a trade union may be cancelle
d on the ground that –

(a) the registration was obtained by fraud
or misrepresentation;

(b) the trade union has ceased to exist;
(c) by reason of any change of circumstances for
which the trade
union is responsible, the trade union would no longer be eligible for re
gistration;

(d) the trade union has engaged, or is about to enga
ge, in activities
likely to cause a serious threat to public safety or public order;

(e) the trade union has contravened its rules by fai
ling to provide
effective representation of the interests of its members in general, or
of those of
its members who belong to a particular trade; or

(f) the trade union has failed to comply with any re
quirement
(including a requirement relating to its rules) imposed on it by this
Part, and has
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THE INDUSTRIAL RELATIONS ACT 1973
persisted in its default after the Registrar has given it written notice
specifying
the default and fixing a time which shall not be less than 2 months for
remedying the default, and that time has expired.
(2) Where the Registrar is of opinion that the registrati
on of a trade union
should be cancelled, he shall refer the matter to the Tribunal, stating
the ground
which, in his opinion, justifies the cancellation.
(3) Where on a reference under subsection (2), the Trib
unal is satisfied that
the ground of the reference is well-founded, the Tribunal may –
(a) adjourn the hearing of the reference so as to al
low the trade
union time to remedy the default or failure; or

(b) direct the Registrar to cancel the registrat
ion of the trade
union.
(4) Where, at the resumed hearing after an adjournment un
der subsection
(3) (a), the Tribunal finds that the trade union has not taken adequ
ate steps to
remedy the default or failure, it shall direct the Registrar to cancel t
he registration of
the trade union.
(5) On receipt of a direction under subsection 3(b) or
(4), the Registrar shall
cancel the registration of the trade union.

14. Consequences of cancellation of registration.

(1) Where the Registrar cancels the registration
of a trade union
–
(a) he shall publish a notice of the cancellation in
the Gazette and in
2 daily newspapers;

(b) the trade union shall forthwith cease to eng
age in any trade
union activity;

(c) the trade union shall be dissolved within one mo
nth, or such
further period as the Registrar may allow, after the date of the publica
tion of the
notice in the Gazette under paragraph (q).
(2) Where a trade union is not dissolved within the time
specified in
subsection (1)(c), every officer shall commit an offence and the tra
de union shall be
wound up by the Registrar in the prescribed manner.

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THE INDUSTRIAL RELATIONS ACT 1973
Amended by [ Act No. 25 of 1975]

PART III – CONSTITUTION AND ADMINISTRATION OF TRADE UNIONS
A – RESTRICTION ON LEGAL PROCEEDINGS

15. Acts in furtherance of industrial dispute.
(1) An act done by a person in contemplation or furtheran
ce of an industrial
dispute shall not give rise to an action in damages on the ground only –

(a) that it induces or will induce another person to
break a contract to
which that other person is a party or prevents another person from perfo
rming a
contract;
(b) that it consists in his threatening that a c
ontract, whether he is
a party to it or not, will be broken or will be prevented from being per
formed, or
that he will induce another person to break a contract to which that oth
er person
is a party or will prevent another person from performing a contract; or

(c) that it is an interference with the trade, busin
ess or employment
of another person, or with the right of another person to dispose of his
capital or
his labour as he wishes.
(2) An agreement or combination by 2 or more persons to d
o or procure to
be done any act in contemplation or furtherance of an industrial dispute
shall not
render any of those persons liable to civil or criminal proceedings, if
the act in
question is one which, if done without any such agreement or combination
, would
not render him so liable.
B – STATUS, RULES, MEMBERSHIP AND DISSOLUTION

16. Trade union to be a body corporate.
(1) Subject to the other provisions of this Act, a regist
ered trade union shall
be a body corporate having perpetual succession and a common seal and al
l the
rights and powers of a natural person.
(2) No property belonging to a trade union shall be dispo
sed of, pledged,
mortgaged or charged unless a majority of all the members of the trade u
nion who
are not disqualified from voting pursuant to section 20(2) have consen
ted to the
transaction.
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THE INDUSTRIAL RELATIONS ACT 1973
(3) A trade union may sue and be sued in its corporate na
me and service of
any notice or process by or on the secretary shall be deemed to be servi
ce on behalf
of or on the trade union.

17. Rules of trade unions.
(1) The rules of every trade union shall make provision f
or all the matters
specified in the First Schedule.
(2) Every member of a trade union shall, on request made
to the secretary
and on payment of a fee of one rupee, be entitled to receive a copy of t
he rules of
the trade union.
(3) A secretary who fails to supply a copy of the rules u
nder subsection (2)
shall commit an offence and shall, on conviction, be liable to a fine no
t exceeding 50
rupees.

18. Alteration of rules or change of name.
(1) Subject to subsection (2), a trade union may alter its ru
les or change its
name by a resolution approved at a general meeting held in accordance wi
th the
rules of the trade union.
(2) An alteration of the rules or a change of the name of
a trade union shall
not have effect until it is registered.
(3) An application for the registration of an alteration
of the rules or a change
of the name of a trade union shall be made, in the prescribed form, to t
he Registrar
and shall be accompanied by the prescribed fee.
(4) The Registrar may, by written notice, require the tra
de union to provide
any further information he may reasonably require for the purpose of con
sidering the
application.
(5) The Registrar shall, in the prescribed manner, publis
h in the Gazette and
in 2 daily newspapers a notice of any application for a change of the na
me of a trade
union.
(6) Any other registered trade union may, not later than
21 days after the
publication of the notice in the Gazette under subsection (5), lodge a written
objection to the application with the Registrar.
(7) The Registrar shall, not later than 14 days after rec
eiving an objection
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THE INDUSTRIAL RELATIONS ACT 1973
under subsection (6), by written notice, require the applicant trade u
nion to show
cause, within such time as may be specified in the notice, why the objec
tion should
not be upheld.

19. Consideration of application for alteration of rules and cha
nge of name.
(1) An alteration of the rules or a change of the name of
a trade union shall
not be registered where –
(a) it has not been made in accordance with this Act
or with the rules
of the trade union; or

(b) at the time of the application for registrat
ion of the trade union,
the trade union would not have been registered had –
(i) its rules included any provision contained in th
e
alteration; or

(ii) its name been similar to
the new name.
(2) The Registrar shall, on registering an alteration of
the rules or a change
of the name of a trade union, issue to the trade union a certificate of
the registration,
in the prescribed form.

(3) Where the Registrar –
(a) refuses to register an alteration of the rules o
r a change of the
name of a trade union; or

(b) rejects an objection to a change of the name of
a trade union,
he shall give written notice of his decision to the applicant trade unio
n and to any
trade union which has objected to the change of name.
(4) Any trade union aggrieved by a decision of the Regist
rar under this
section may, not later than 14 days after the date of the notification o
f the decision,
appeal against the decision to the Tribunal and, on appeal, the Tribunal
may make
such order as it thinks fit.
(5) The Registrar may appear and be heard on an appeal under subse
ction (4).

20. Membership.
(1) No person shall be eligible to be a member of a trade
union unless he
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resides in Mauritius and –
(a) he is bona fide engaged in a trade which the trade union purports
to represent; or

(b) if he is not so engaged, he has been so enga
ged at any time
for a period of, or periods amounting in the aggregate to, not less than
18
months.

(2) No member of a trade union shall have the right to vote at a m
eeting of the
trade union if his dues are in arrears by more than 3 months or such sho
rter period
as may be specified in the rules of the trade union.
(3) The minimum age for membership of a trade union shall
be 16 years or
such greater age as may be specified in the rules of the trade union.
(4) Subject to section 24 and to the rules of the trade u
nion, a member of a
trade union who is a minor may enjoy all the rights of a member, and may
execute
any instrument or give any discharge required under the rules of the tra
de union.

21. Members’ nominees.
(1) Subject to subsection (2), a member of a trade unio
n may, by written
notice to the trade union, nominate a person to whom any money payable o
n the
death of the member shall be paid.
(2) An officer of the trade union shall not be nominated
under subsection (1)
unless he is the husband, wife, father, mother or child of the member.
(3) A trade union shall, on receiving satisfactory proof
of the death of a
member, pay any money payable on the death of the member to the person
nominated by the member under subsection (1).

22. Registered office.
(1) Every trade union shall have a registered office to w
hich all
communications and notices may be addressed and where all the books and
documents relating to the trade union shall be available for inspection
by the
Registrar or by any person having a pecuniary interest in the funds of t
he trade
union.
(2) The trade union shall give notice of the address and
of any change of its
registered office to the Registrar.

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23. Branches of trade union.
Where a trade union establishes or dissolves a branch, it shall give wri
tten notice of the
establishment of the branch, or of the dissolution, to the Registrar not
later than 14 days
after the date of the establishment or of the dissolution.

24. Executive and officers.
(1) No person shall be qualified to become or, having bee
n so appointed or
elected, shall continue to be an officer who –

(a) is a minor;

(b) is an undischarged bankrupt or is insol
vent;
(c) has, within the 3 preceding years, been conv
icted of an
offence involving fraud or dishonesty;

(d) in the case of a trade union of employees, i
s not a member of
that trade union.
(2) Every trade union shall cause the names and titles of
every officer to be
prominently exhibited in its registered office and in the office of ever
y branch.
(3) Every trade union shall, not later than seven days af
ter the appointment
or election of its officers and of every change among its officers or in
their titles, give
written notice to the Registrar of the appointment, election or change.
(4)
Where the Registrar has reasonable cause to believe that any change
notified to him under subsection (3) was not made in accordance with t
his Act or
the rules of the trade union, he shall not register the change and shall
give
written notice to the trade union of the ground on which the refusal is
based.
(5) Any person aggrieved by a decision of the Registrar u
nder
subsection (4) may, not later than 14 days after the date of the notif
ication of the
decision, appeal against the decision to the Tribunal and, on appeal, th
e
Tribunal may make such order as it thinks fit.
(6) The Registrar may appear and be heard on an appeal un
der
subsection (5).
(7) Any person who, not being qualified as such under sub
section (1),
acts or purports to act as an officer shall commit an offence.

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25. Meetings of trade unions.
(1) Every trade union shall, between 1 January and 31 Mar
ch in every year,
hold an annual general meeting.
(2) The notice convening an annual general meeting shall
be published, not
less than 21 days before the date of the meeting, in one daily newspaper
approved
by the Registrar.

(3) The notice convening the annual general meet
ing shall specify –

(a) that the meeting is convened as an annua
l general meeting; and

(b) that the matters to be considered at th
e meeting will include –
(i) the statement of accounts of the trade union for
the
preceding year; and

(ii) the election of officers
and members of the executive.
(4) Where an annual general meeting of a trade union consists in a
meeting of
delegates of branches or, in the case of a federation, of the constituen
t trade unions,
the trade union shall, at the same time as the publication of the notice
under
subsection (2), give each branch or, in the case of a federation, each
of the
constituent trade unions, written notice setting out all the matters to
be considered at
the meeting and the number of delegates to be elected by each branch or
by each of
the constituent trade unions.
(5) Each branch or, in the case of a federation, each of
the constituent trade
unions shall, not later than 5 days after the publication of a notice un
der subsection
(2), convene a general meeting at which –
(a) all the matters to be discussed at the annual ge
neral meeting of
the delegates shall be considered;

(b) the delegates to represent the branch or, in the
case of a
federation, the constituent trade union shall be elected; and

(c) where the matters to be discussed at the ann
ual general
meeting include a resolution which, under this Act or under the rules of
the trade
union, must be approved by the members of the trade union, there shall b
e
taken a ballot of the members of the branch or, in the case of a federat
ion, of
the members of the constituent trade union, on the resolution.

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26. Taking of ballots.
(1) Where a trade union proposes to take a ballot for any
the purposes
specified in this Act or in its rules it shall, not less than 21 days be
fore the date of the
taking of the ballot, cause notice of the ballot to be published in one
daily newspaper
approved by the Registrar.
(2)
A notice under subsection (1) shall specify –
(a)
the day on which and the time and place at which the ballot is to be tak
en;
and
(b)
the matter which is to be determined by the ballot.
(3) The persons appointed as scrutineers of a ballot shal
l, after the counting
of the votes, certify the result of the ballot to the Registrar and secu
re the ballot
papers which have been counted and those which have been rejected, in se
parate
sealed parcels which shall be retained by the trade union for a period o
f at least 6
months.

27. Federation and amalgamation of trade unions.
(1) Subject to subsection (2), 2 or more trade unions (
including federations)
may combine to form a federation or amalgamate to form one trade union i
f a
resolution for federation or amalgamation is approved, on a ballot, at a
general
meeting of every trade union concerned, by a majority of all the members
of that
trade union who are not disqualified from voting pursuant to section 20(
2).
(2) A federation or amalgamation shall not have effect un
til the federation or
the trade union formed by the amalgamation is registered.
(3) Where the Registrar registers a trade union formed by
an amalgamation
of two or more trade unions he shall cancel the registration of those tr
ade unions.

28. Dissolution of trade unions.
(1) Subject to subsection (2), a trade union may be dis
solved where a
resolution for its dissolution is approved at a general meeting held in
accordance
with the rules of the trade union.
(2) Where, under the rules of the trade union, provision
is made for a special
fund, the dissolution of the trade union shall not have effect until a m
ajority of all the
members who contribute to the special fund have approved, on a ballot, t
he manner
in which any asset of the fund is to be disposed of.
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THE INDUSTRIAL RELATIONS ACT 1973
(3) Where a trade union resolves that it should be dissol
ved, it shall, not later
than 14 days after the date on which the resolution for the dissolution
is approved in
accordance with subsection (1), give written notice of the resolution
to the Registrar.
(4) On receipt of a notice under subsection (3), and on
being satisfied that
the resolution to dissolve the trade union has been approved in accordan
ce with
subsection (1), the Registrar shall publish a notice of the dissolutio
n in the Gazette
and in two daily newspapers.
(5) The dissolution of a trade union shall take effect fr
om the date of the
publication of the notice in the Gazette under subsection (4).
(6) Where on the dissolution of any trade union, the Regi
strar is of opinion
that the rules of the trade union for the disposal of its funds and othe
r property are
inadequate or are not being properly applied, he may issue to an officer
such written
directions as he considers necessary to safeguard the interests of the c
reditors or
members of the trade union, and the officer shall comply with those dire
ctions.

Amended by [
Act No. 25 of 1975] [
Reprint No. 3 of 2003]

C – PROPERTY AND FUNDS

29. Application of funds.
(1) Subject to subsections (2) and (3), no trade unio
n shall apply its funds
except for the following purposes –

(a) expenditure incurred for the purpose of
complying with this Act;

(b) the payment of reasonable emoluments to
officers;
(c) reasonable expenditure for the administratio
n of the trade
union and the auditing of its accounts;

(d) the conduct of legal proceedings to which th
e trade union or
any of its members is a party, where the proceedings are undertaken for
the
purpose of securing or protecting any rights of the trade union or of an
y of its
members in relation to his contract of employment;

(e) the conduct of an industrial dispute on behalf o
f the trade union
or any of its members, and the payment of compensation to members of the

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trade union for any loss arising out of an industrial dispute;

(f) benefits to members of the trade union or their
dependents on
account of accidents, unemployment, sickness, old age or death; and

(g) any other purpose approved by the Minis
ter. (2) No trade union shall apply any of its funds either directly or
indirectly in
payment of any penalty imposed upon any person by a court of law, other
than a
penalty imposed upon the trade union itself.
(3) No trade union shall apply any of its funds in suppor
t of or in connection
with any unlawful strike and lock-out.
(4) Where, under the rules of a trade union, provision is made for
any special
fund, the rules applicable to that special fund –
(a) shall specify the expenses and benefits which ma
y be paid out of
that fund;

(b) shall not be altered except by a resolution
approved, on a
ballot, by a majority of the total number of members who contribute to t
hat fund.

30. Restriction on application of funds for political purposes.
(1) No trade union shall apply any of its funds for a pol
itical object unless its
rules provide for the setting up of a political fund from which payments
for political
objects may be made, and no assets of the trade union other than those f
orming part
of the political fund shall be applied or charged for any political obje
ct.
(2) No assets of the trade union other than lawful contributions o
f members to the
political fund shall be credited to that fund.
(3) Contribution to the political fund of a trade union s
hall not be made a
condition of membership of the trade union.
(4) No member of a trade union shall be liable to contrib
ute to a political fund
unless he has, by written notice to the trade union, agreed to contribut
e to that fund.
(5) A member who is not liable to contribute to a politic
al fund shall not be
excluded from any benefits of the trade union, or placed in any disabili
ty or at any
disadvantage as compared with other members who contribute to the politi
cal fund,
except in relation to the control and management of the political fund.

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(6) For the purposes of subsection (1), payments for po
litical objects include
expenditure incurred for –
(a) the payment of any expenses incurred, either dir
ectly or in-
directly, by a candidate for election to the Assembly or to a local auth
ority,
before, during or after the holding of the election, in connection with
his
candidature or election;
(b) the holding of any meeting or the distribution o
f literature or
documents in support of a candidate or prospective candidate;
(c) the registration of voters, or the selection
of a candidate, for
the Assembly or any local authority;
(d) the holding of a political meeting or the printi
ng or distribution of
political literature or political documents.

31. Political fund of federations.
Where a federation has set up a political fund, no constituent
trade union of the
federation shall contribute to that fund unless –

(a) the constituent trade union has set up a
political fund; (b) the constituent trade union has, with the ap
proval, on a ballot,
of a majority of all the members of the constituent trade union who cont
ribute to
its political fund, given written notice to the federation that it agree
s to contribute
to the political fund;
(c) the contribution of the constituent trade un
ion to the political
fund of the federation is paid exclusively from the assets of the politi
cal fund of
the constituent trade union.

32. Notice to contribute to political fund.
(1) A notice under section 30(4) or 31(b) shall have
effect from the first day
of the month following the month in which it is given and shall cease to
have effect
on the last day of the month following the month in which a written noti
ce of intention
to cease to fund contribute to a political fund is given.
(2) In the case of a federation no notice of intention to
cease to contribute to
a political fund shall be given by a constituent trade union unless the
approval, on a
ballot, of a majority of all the members of the constituent trade union
who contribute
to its political fund has been obtained.
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33. Misapplication of funds.
(1) Where 5 or more members of a trade union, or the Regi
strar, have
reason to believe that a trade union is incurring expenditure in breach
of this sub-
Part or of its rules, they may apply to the Court to restrain the trade
union from
incurring that expenditure and, on such an application, the Court may ma
ke such
order as it thinks fit.
(2) Where an application under subsection (1) is made i
n relation to a trade
union which has been or is about to be dissolved, the Court may order th
at the
assets of the trade union be vested in the Registrar.
(3) Where an order under subsection (2) has been made,
the assets of the
trade union shall vest in the Registrar and the trade union shall be wou
nd up by the
Registrar in the prescribed manner.
D – ACCOUNTS AND RETURNS

34. Keeping of accounts and records.
(1) Every treasurer shall keep a record of all moneys rec
eived and paid by
him for and on behalf of the trade union and shall –
(a)
in respect of each year;
(b)
on his resignation;

(c) on the expiry of his term of office; or

(d) where required so to do by the rules of
the trade union,
render to the trade union a true account of all moneys received and paid
by him since
his appointment or since he last rendered an account, whichever is the l
ater.
(2) The treasurer of a trade union shall prepare a genera
l statement in the
prescribed manner of all receipts and expenditure of the trade union in
respect of
every year, and of the assets and liabilities of the trade union existin
g on the 31
December in every year.
(3) Every account or statement prepared under this sectio
n shall be in the
prescribed form and shall be audited by 2 persons to be appointed by the
trade
union with the approval of the Registrar.

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(4) Every treasurer shall, in accordance with the rules o
f the trade union,
hand over to the trade union the balance which on any audit appears to b
e due from
him and all bonds, securities, books, papers or other property of the tr
ade union in
his possession, under his control or entrusted to his custody.
(5) Where a treasurer fails to comply with subsection (4), the t
rade union, any of
its members acting on behalf of the trade union or the Registrar may, by
judicial
process before the Court, recover from the treasurer –
(a) the balance appearing to have been due upon the
account, if
any, last rendered by him;

(b) all other moneys received by him on account
of the trade
union; and

(c) all bonds, securities, books, papers or other pr
operty in his
control or custody.

35. General statement to be submitted to annual general meeting.
(1) The treasurer of every trade union shall submit the g
eneral statement
prepared under section 34(2) for the approval of the members of the tr
ade union at
the annual general meeting of the general trade union and shall, on the
application
of a member of the trade union, deliver to him a copy of the statement.
(2) Every trade union shall cause a copy of the last gene
ral statement to be
prominently exhibited in the registered office of the trade union and in
the office of
every branch.

36. Annual return to Registrar.
Every trade union shall, on or before the 1 April in every year, submit
to the Registrar a
return, in the prescribed form, containing –
(a) a certified copy of the general statement requir
ed to be prepared
under section 34(2);

(b) a statement of the names and postal add
resses of its officers; and (c) a return of its membership as on the 31 Dece
mber of the
previous year.

37. Retention and inspection of trade union records.

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(1) Every trade union shall retain –
(a) for a period of at least three years after the l
ast date to which
they relate –

(i) all books and statements of accounts, and audito
rs’
reports;
(ii) all registers of members, and all records of mo
ney
paid by members to the trade union;
(b) for a period of at least three years after their
date of origin, all
minutes of meetings (including branch meetings), vouchers, receipts,
correspondence and other documents relating to the affairs of the trade
union.
(2) A trade union shall permit a member of the trade unio
n to inspect the
books and accounts of the trade union and the register of its members on
his giving
reasonable notice to the trade union.

38. Powers of Registrar in relation to accounts.
(1) The Registrar may verify, inspect or audit the books
and accounts of any
trade union and, for this purpose, may require any trade union or any of
ficer or
former officer to appear and to produce for his inspection the books and
accounts.
(2) The secretary or treasurer of a trade union shall, no
t later than 21 days
after the receipt by him of a written notice from the Registrar, furnish
the Registrar
with such information relating to the trade union, including detailed ac
counts of the
funds or other assets of the trade union or its branches, as may be spec
ified in the
notice.
PART IV – PERMANENT ARBITRATION TRIBUNAL,
INDUSTRIAL RELATIONS COMMISSION AND NATIONAL REMUNERATION BOARD
A – PERMANENT ARBITRATION TRIBUNAL

39. Establishment of Tribunal.
(1) There is established for the purposes of this Act a t
ribunal to be known
as the Permanent Arbitration Tribunal.
(2)
The Tribunal shall consist of –

(a) (i) a President; and
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(ii) a Vice-President,

whose offices shall be public offices; and

(b) not more than 6 other members, who shall be
appointed
annually by the Minister, after consultation with such organisations rep
resenting
employees and employers as he considers appropriate.
(3) A person shall not be appointed President of the Trib
unal unless he is
qualified for appointment as a judge.
(4) Part I and, where appropriate, of Part II of the Seco
nd Schedule shall
have effect with respect to the Tribunal and its members.

40. Functions of Tribunal.
The Tribunal shall have such functions as are set out in this Act or as
may be prescribed or
as may otherwise be provided by Parliament.

B – INDUSTRIAL RELATIONS COMMISSION

41. Establishment of Commission.
(1) There is established for the purposes of this Act a c
ommission to be
known as the Industrial Relations Commission.
(2) The Commission shall consist of a Chairman and not le
ss than 3 nor
more than 6 other members, who shall be appointed annually by the Minist
er, after
consultation with such organisations representing employees and employer
s as he
considers appropriate.
(3) Part II of the Second Schedule, where appropriate, sh
all have effect with
respect to the Commission and its members.

42. Functions of Commission.
The Commission shall have such functions as are set out in this Act or a
s may be
prescribed or as may otherwise be provided by Parliament.

43. References to Commission by Minister.
(1) The Minister may refer to the Commission any question
relating to
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industrial relations generally or to industrial relations in any particu
lar industry, and
the Commission shall enquire into and report upon any question so referr
ed.
(2) The report of the Commission on any question referred
to it under
subsection (1) may be published in such manner as the Minister may, af
ter
consultation with the Commission, determine.

44. Conciliation service.
The Commission shall provide a conciliation service for the assistance o
f employees,
employers and trade unions.

C – NATIONAL RENUMERATION BOARD

45. Establishment of National Remuneration Board.
(1) There is established for the purposes of this Act a b
oard to be known as
the National Remuneration Board.
(2) The Board shall consist of a Chairman and not less th
an 4 and not more
than 10 other members who shall be appointed by the Minister, after cons
ultation
with such organisations representing employees and employers as he consi
ders
appropriate.
(3) The Chairman, Vice-Chairman and the members of the Bo
ard shall be
appointed for such term as the Minister may determine.
(4) (a) Where the Minister refers any matter to the Boa
rd under section
94, the Minister may appoint such even number of assessors as he thinks
fit,
half to represent employees and half to represent employers, to assist t
he
Board in its determination of the matter.
(b) Before making any appointment under this subsect
ion the
Minister shall consult such organisations representing employees and
employers, interested in the particular matter, as he considers appropri
ate and
if, after consultation, the Minister is unable to secure the consent of
suitably
representative persons for appointment as assessors, whether to represen
t
employees or employers or both, the Minister may appoint assessors to
represent employees only, or employers only, or may refrain from appoint
ing
any assessor.
(c) A person shall not be qualified to be appoin
ted as an assessor
if he is a member of, or a candidate for election to, the Assembly or an
y local
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THE INDUSTRIAL RELATIONS ACT 1973
authority.
(5) Part II of the Second Schedule, where appropriate, sh
all have effect with
respect to the Board and its members.

46. Functions of the Board.
The Board shall have such functions as are set out in Part VIII or as ma
y be prescribed or
as may otherwise be provided by Parliament.
D – GENERAL

47. Principles to be applied by Tribunal, Commission and Board.
Where any matter is before the Tribunal, the Commission or the Board sha
ll, in the
exercise of their functions under this Act, be applied have regard, inter alia, to –
(a) the interests of the persons immediately concern
ed and the
community as a whole;

(b) the principles and practices of good in
dustrial relations; (c) the need for Mauritius to maintain a favoura
ble balance of
trade and balance of payments;
(d) the need to ensure the continued ability of the
Government to
finance development programmes and recurrent expenditure in the public
sector;
(e) the need to increase the rate of economic growth
and to provide
greater employment opportunities;
(f) the need to preserve and promote the competitive
position of
local products in overseas markets;
(g) the need to develop schemes for payment by resul
ts, and so far
as possible to relate increased remuneration to increased labour product
ivity;
(h) the need to prevent gains in the wages of employ
ees from being
adversely affected by price increases;
(i) the need to establish and maintain reasonable di
fferentials in
rewards between different categories of skills and levels of responsibil
ity; and

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(j) the need to maintain a fair relation between the
incomes of
different sectors in the community.

[
Reprint No. 4 of 1974]

48. Intervention by the Attorney-General.
(1) Where any matter is before the Tribunal, the Commissi
on or the Board,
the Attorney-General may, for the purpose of giving such assistance to t
he Tribunal,
the Commission or the Board as he may be able to provide, intervene in t
he matter if
it appears to him that some question of public importance or affecting t
he public
interest is in issue.
(2) The Attorney-General may, at the request of the Tribu
nal, the
Commission or the Board, intervene in any matter before the Tribunal, th
e
Commission or the Board.
(3) The Attorney-General may, on an intervention made und
er this section,
tender such evidence, and make such submissions, as he thinks fit with r
espect to
the matter before the Tribunal, the Commission or the Board.
(4) No intervention by the Attorney-General shall be take
n to cause the
Attorney-General to become a party to the matter before the Tribunal, an
d
accordingly no order or award shall be made against the Attorney-General
in any
matter.
PART V – PROTECTION OF INDIVIDUAL RIGHTS

A – TRADE UNION ACTIVITIES

49. Rights of employees.
(1) Every employee shall, as between himself and his empl
oyer, have the
right –

(a) to be a member of a trade union;
(b) not to be a member or to refuse to be a memb
er of a trade
union; and

(c) to take part, at the appropriate time, in the ac
tivities of a trade
union of which he is a member, including the right to seek appointment o
r
election as an officer of the trade union, and to hold office as such.

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THE INDUSTRIAL RELATIONS ACT 1973
(2) No employer shall refuse to engage an employee or dis
miss, penalise, or
otherwise discriminate against an employee by reason of his having exerc
ised, his
exercising, or wishing or being likely to exercise any right under subse
ction (1).
(3) Nothing in this section shall be construed as prevent
ing an employer
from encouraging an employee to join a trade union which has negotiating
rights in
respect of that employee.

(4) In this section –

“appropriate time” means time which –

(a) is outside the working hours of an emplo
yee; or
(b) is within the working hours of an employee a
nd which, in
accordance with arrangements with his employer, is consented to by, or o
n
behalf of, the employer;
“working hours” means any time when, under his contrac
t of employment, an
employee is required to be at work.
(5) Any employer who fails to comply with subsection (2)
shall commit an
offence and shall, on conviction, be liable to imprisonment for a term n
ot exceeding
six months and to a fine not exceeding two thousand rupees.

50. Protection in unlawful actions.
Notwithstanding anything in the rules of a trade union, no person who re
fuses to participate
in, or otherwise to act in furtherance of, any strike or lock-out which
is unlawful, or who
refuses to take any other action which is unlawful, shall, by reason of
the refusal be subject
to –

(a) expulsion from a trade union;

(b) removal from office as an officer;

(c) any fine or penalty imposed by a trade
union; (d) deprivation of any right or benefit to which
he or his legal
personal representatives would otherwise be entitled; or
(e) any disability or disadvantage, whether direct o
r indirect, as
compared with other members of the trade union.

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B – PROHIBITION OF CLOSED SHOP

51. Closed shop agreement to be void.
(1) No employer shall enter into an agreement with a trad
e union which
purports to –
(a) preclude the employer from engaging an employee
who is not a
member of a trade union;

(b) preclude the employer from engaging an emplo
yee who has
not been recommended or approved by a trade union;

(c) require that one of the terms and conditions of
employment of an
employee shall be that that employee must become a member of a trade uni
on.
(2) Any person who has been refused employment and who cl
aims that the
refusal was attributable wholly or partly to a provision in an agreement
as is specified
in subsection (1), may apply to the Court for an order under subsectio
n (3).
(3)
Where on an application under subsection (2) the Court finds –
(a) that a provision in an agreement as is specified in subse
ction (1) is or
was in force; and

(b) that the refusal to employ the applicant was who
lly or partly
attributable to that provision,
the Court may order the employer to pay to the applicant such sum by way
of
compensation as the Court thinks just.
PART VI – PROMOTION OF INDUSTRIAL RELATIONS

A – CODE OF PRACTICE

52. Practical guidance for promotion of good industrial relation
s.

(1) The Code of Practice set out in the Third Sc
hedule shall –
(a) provide practical guidance for the promotion of
good promotion of
industrial relations;

(b) provide practical guidance for the grant of
negotiating trial
rights;
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(c) assist employers and trade unions of employees t
o make
effective collective agreements.
(2) A failure on the part of any person to observe any pr
ovision of the Code
of Practice shall not of itself render that person liable to proceedings
of any kind.
(3) In any proceedings under this Act any provision of th
e Code of Practice
which appears to the Tribunal, the Commission or the Court to be relevan
t to any
question arising in the proceedings shall be taken into account for the
purpose of
determining that question.
B – REPRESENTATIONAL STATUS

53. Agreement for representational status.
An employer and a trade union of employees may enter into an agreement w
hereby the
employer recognises the representational status of the trade union in re
lation to his
employees who are members of the trade union.

54. Order for representational status.
(1) Subject to subsection (2), a trade union of employe
es which has been
refused representational status by an employer employing any of the memb
ers of
the union may apply to the Court for an order directing the employer to
recognise the
representational status of the trade union.
(2) Where an application under subsection (l) relates t
o an employer in
respect of whom the same trade union has previously made an application,
the
Court shall not consider the application unless –
(a) it is made after one year from the date on which
the Court
decided the previous application; or
(b) the applicant satisfies the Court that there
has, since the
previous application, been a change in circumstances sufficient to justi
fy
another application.
(3) Subject to subsection (4), the Court may make an or
der under this
section if it is satisfied that –
(a) the applicant has sufficient resources and is su
fficiently well
organised to effectively represent its members;

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THE INDUSTRIAL RELATIONS ACT 1973
(b) the grant of the application is not likely to af
fect adversely any
existing or proposed collective agreement; and

(c) the grant of the application is conducive to
good industrial
relations.
(4) The Court shall not, unless it considers that there a
re exceptional
circumstances, make an order under this section if the applicant –

(a) has less than 100 members; or
(b) has less than 5 members in the employme
nt of the employer.

55. Revocation of order for representational status.
Where there has been a change of circumstances which would justify the r
evocation of an
order under section 54, the Court may, at the instance of an employer, r
evoke the order.
C – RECOGNITION

56. Application to Commission
(1) An application for the consideration of any question
relating to the claim
of a trade union of employees or a joint negotiating panel for negotiati
ng rights may
be made to the commission by the trade union or panel, or by the employe
r directly
affected by the claim, or jointly by the trade union or the panel and th
e employer.
(2) Subject to subsection (3), the Commission shall con
sider an application
under subsection (1) if it is satisfied that a reference of the questi
on to the
Commission is necessary with a view to promoting a satisfactory settleme
nt.
(3) The Commission shall not consider an application unde
r subsection (1)
where it appears to the Commission that it is being invited to consider
an order made
by the Tribunal which is still in force or, in the case of an applicatio
n which relates to
a previous recommendation made by the Commission, if the application is
made
within one year of the date on which the previous recommendation was mad
e.

57. Extension of scope of application.
(1) Subject to subsection (2), where an application is
made under section
56, the Commission may extend the scope of the application if, after hea
ring the
parties on the proposed extension of the scope of the application, it ap
pears to the
Commission to be appropriate to do so in the interests of a satisfactory
settlement of
the question in issue.

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THE INDUSTRIAL RELATIONS ACT 1973
(2) The scope of an application shall not be extended to
any employer who
is not specified in the original application, unless that employer has b
een made a
party to the proceedings.

58. Recommendation as regards recognition.
(1) Subject to subsections (3) and (4), the commissio
n shall make a
recommendation on an application under section 56 and the recommendation
may
be made subject to such conditions as the Commission thinks fit.
(2) The Commission may, in making a recommendation under
subsection
(1), require –
(a) a trade union of employees recommended for recog
nition as a
sole bargaining agent, or for inclusion in a joint negotiating panel, to
make
sufficient trained officers available for purposes of collective bargain
ing; or

(b) any trade union so recommended to undertake
not to make or
pursue any claim to be recognised as sole bargaining agent for any other

bargaining unit consisting wholly or partly of employees of any employer
to
whom the recommendation relates.
(3) Where at any time while an application under section
56 is under
consideration by the Commission, it appears to the Commission that a sat
isfactory
settlement of the question in issue has been reached by agreement of the
parties, it
may terminate consideration of the application and confine its recommend
ation to a
record of the terms of the agreement and of the material circumstances s
urrounding
it.
(4) The Commission shall not recommend the recognition of
a sole
bargaining agent for a bargaining unit unless the Commission is satisfie
d that to
effectively represent the bargaining unit –
(a) the trade union of employees concerned or, in th
e case of a joint
negotiating panel, each of the trade unions concerned has sufficient res
ources
and is sufficiently well organised, and
(b) the trade union of employees or the joint negoti
ating panel
concerned is sufficiently supported by, or is acceptable to, the employe
es
comprised in the bargaining unit.
(5) Where the Commission makes a recommendation under thi
s section, it
shall publish, in such manner as it considers appropriate, the recommend
ation and
the reasons therefor.
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59. Enforcement of recommendation for recognition.
(1) Subject to subsection (2), where the Commission has
made a
recommendation for the recognition by an employer of a sole bargaining a
gent, an
application for an order to enforce the recommendation may be made to th
e Tribunal
by the trade union of employees concerned or, in the case of a joint neg
otiating
panel, any of the trade unions concerned, or the employer.
(2) Except in the case of a recommendation which records
an agreement
between the parties, no application under subsection (1) shall be ente
rtained by the
Tribunal where it is made more than one year after the date on which the

recommendation was made.
(3) The Tribunal shall, when considering an application u
nder subsection (1),
take into account any change in the material circumstances which appears
to the
Tribunal to have occurred since the making of the recommendation to whic
h the
application relates.
(4) Before making an order on an application under subsection (1)
, the Tribunal
may refer to the Commission, for investigation and report, any question
material to
the application.

60. Order for recognition.
(1) Where the Tribunal makes an order on an application u
nder section 59,
the order shall –
(a)
define the bargaining unit;
(b)
specify the employer and the trade union or joint negotiating panel
concerned;
(c)
specify the duration of the order, which shall not exceed the period of
2
years beginning with the date of the recommendation to which the applica
tion
relates;

(d) declare that, while the order remains in for
ce, the trade union
of employees or joint negotiating panel concerned shall be recognised as
sole
bargaining agent; and

(e) require the trade union of employees or joint ne
gotiating panel
and the employer concerned to meet at specified intervals or at such tim
es and
on such occasions as the circumstances may reasonably require for the
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purposes of collective bargaining.
(2) The Tribunal may, at the instance of any party specif
ied in the order,
revoke or vary an order made under subsection (1) where it is satisfie
d that there
has been a change of circumstances, or any default on the part of any pa
rty
specified in the order, which is sufficient to justify the revocation or
variation of the
order.
(3) The Tribunal may, in addition to any order it may mak
e under this
section, order the payment of compensation to a trade union by an employ
er if it is
satisfied that the recommendation to which the application relates has n
ot been put
into effect or an order made by the Tribunal has not been coupled with.

61. Saving.
(1) Nothing in this Part shall prevent the parties affect
ed by a
recommendation of the Commission under section 58 or an order of the Tri
bunal
under section 60(l) from agreeing to vary the recommendation or order.

(2) Where an agreement to vary a recommendation of the Co
mmission
under section 58 or an order of the Tribunal under section 60(l) is re
ached by the
parties affected by the recommendation or the order, a copy of the agree
ment shall,
not later than fourteen days after the date on which the agreement is re
ached, be
filed –
(a) in the case of a variation of a recommendation,
with the
Commission;

(b) in the case of a variation of an order,
with the Tribunal.
D – CHECK-OFF AGREEMENTS

62. Conditions for check-off agreements.
(1) Subject to subsection (2), no employer shall refuse
to enter into a check-
off agreement with a trade union if the following conditions are satisfi
ed –

(a) the trade union has negotiating rights;

(b) the trade union has a membership of not less tha
n 200 persons
and has had that membership for a period of not less than one year immed
iately
preceding the date on which the request to enter into the check-o agreem
ent is
made; and

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(c) the employer employs not less than 10 m
embers of the trade union.
(2) An employer may, at any time, enter into a check-off
agreement with a
trade union of employees.

63. Registration of check-off agreements.
The terms of any check-off agreement shall be set out in a memorandum an
d signed by or
on behalf of the parties thereto and a copy of the memorandum shall, wit
hin one month of
its being signed, be lodged with the Tribunal.

64. Tribunal may declare check-off agreements.
(1) Where a trade union requests an employer to enter int
o a check-off
agreement and the employer refuses to enter into the check-off agreement
, the trade
union may, where it satisfies the conditions set out in section 62(l),
make an
application to the Tribunal for an order that a check-off agreement shou
ld have effect
between the trade union and the employer, and, on hearing the applicatio
n, the
Tribunal may make such order as it thinks fit.
(2) Where, on an application under subsection (1) the T
ribunal has made an
order that a check-off agreement should come into force between a trade
union and
an employer, the trade union may, by written notice, require the employe
r to comply
with the agreement in respect of the members of the trade union who are
employed
by him.

65. Provisions relating to check-off agreements.
(1) Where a check-off agreement is in force, the followin
g relating to
provisions shall have effect –
(a) a deduction of dues from the wages of an employe
e shall only be
made if the employee has given written notice to the employer to make th
e
deduction;

(b) the first deduction made pursuant to a notice gi
ven by an
employee under paragraph (a) shall be made from the wages earned for t
he
month following the month in which the notice is received by the employe
r;

(c) the notice given under paragraph (a) shall
cease to have effect
on the last day of the sixth month following the month in which written
notice is
given by the employee of his intention to cease to pay dues to the trade
union;

(d) the employer shall, not later than the tenth
day in each month,
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give written notice to the trade union of the names of any persons who h
ave
given notice under paragraph (a) –

(i) who have ceased to be emp
loyed by him; or (ii) who have notified him of their intention to cease to pay dues to
the trade union;

(e) where dues are validly altered in amount
by a trade union – (i) the trade union shall give written notice of the alteration to the

employer; and
(ii) the employer shall deduct the amount of the dues as altered from
the wages earned by an employee for the month following the month
in which the notice of the alteration is received by him;

(f) the whole amount of the deductions shall accrue
to the trade
union.
(2) Every check-off agreement which is inconsistent with
the provisions of
this section shall, to the extent of the inconsistency, be void.

66. Termination of check-off agreements.
Where any of the conditions of section 62(l) is no longer satisfied by
a trade union, the
employer may apply to the Tribunal for the termination of the check-off
agreement and, on
hearing the application, the Tribunal may make such order as it thinks f
it.
E – AGENCY SHOP ORDERS

67. Application for agency shop order.
(1) Subject to section 74, where a check-off agreement is
in force between a
trade union and an employer, the trade union may make an application to
the
Commission for a recommendation that the Tribunal make an order in its f
avour
directing that the contract of employment of an employee comprised in a
bargaining
unit shall include a condition that a deduction be made from the wages o
f the
employee.

(2) The application under subsection (1) shall set
out –
(a) the name and address of the trade union and of t
he employer
against whom the application is made;
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(b) the bargaining unit in respect of which the agen
cy shop order is
sought;

(c) the particulars of the check-off agreement t
o which the trade
union and the employer are parties;

(d) the rules of the trade union relating to the pay
ment of dues and
the imposition of levies; and

(e) the amount of the dues and levies and the times
at which the
dues and levies are payable.

68. Recommendations for agency shop order.
(1) The Commission shall, before recommending the making
of an agency
shop order, have regard to the material circumstances surrounding the ap
plication
and in particular to –
(a) the amounts payable on admission, the dues and l
evies which
may be imposed by the trade union, and the times at which those amounts
become payable;

(b) the circumstances in which a member may be e
xcused from
the payment of dues or levies; and

(c) the circumstances in which a person may join
, and may resign
from, the trade union.
(2) The Commission shall not recommend an application unl
ess it is satisfied
that –

(a) the officers are elected and removable i
n a democratic manner; and
(b) any power contained in the rules of the trad
e union to waive
the payment of dues or levies is limited to cases of genuine hardship.
(3) Where the Commission is of opinion that a prima facie case has
been made
out for recommending the making of an agency shop order, it shall take a
ballot to
determine, in relation to the employer against whom the application is m
ade, the
number of employees comprised in the bargaining unit specified in the ap
plication
who are in favour of the making of the order.
(4) Where, in relation to the employer against whom the applicatio
n is made, on a
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ballot under subsection (3), three-fourths or more of the employees co
mprised in the
bargaining unit vote in favour of the making of an agency shop order, th
e
Commission shall recommend that the Tribunal make the agency shop order.

(5)
The recommendation under subsection (4) shall specify –

(a) the bargaining unit;
(b) the name and address of the trade union and
the employer
against whom the application is made;

(c) the total amount deductible monthly as contribut
ion, being an
amount which shall not exceed the monthly dues payable by a member of th
e
trade union; and

(d) the union’s share of the deduction in respect of
each employee
who is not a member of the trade union.
(6) The union’s share specified in the recommendation of
the Commission
under this section shall in no case be less than 50 per cent, or more th
an 75 per
cent, of the contribution.

69. Making of agency shop order.
(1) Where the Commission makes a recommendation under sec
tion 68, the
Tribunal may, after hearing the trade union and the employer against who
m the
application is made, make an order on such terms as it thinks fit.
(2) An agency shop order shall be in the prescribed form and sh
all come into
force on such day as may be fixed in the order.

70. Effect of agency shop order.
(1) Notwithstanding anything in any other law in force, a
gency shop where
an agency shop order has been made under section 69 –
(a) all employees in the employment of the employer
against whom
the application is made, comprised in the bargaining unit specified in t
he agency
shop order, shall pay the contribution specified in the order;

(b) the agency shop order shall be binding
on the employer who shall – (i) deduct the contribution specified in the agency
shop
order from the wages of his employees comprised in the bargaining
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unit specified in the order; and
(ii) pay to the trade union concerned the union’s sh
are
specified in the order.
(2) Any employee comprised in the bargaining unit and who
is not a member
of the trade union may, by written notice, authorise the employer to pay
to the trade
union the whole of the contribution specified in the agency shop order,
and the
employer shall pay the amount accordingly.
(3) Where no notice under subsection (2) is given by an
employee who is
not a member of the trade union, the balance of the contribution after t
he payment of
the union’s share, shall be paid to the Workers Education Fund establish
ed under
section 71.

71. Workers Education Fund.
For the purposes of section 70(3), there is established a fund to be k
nown as the Workers
Education Fund which shall be administered in the prescribed manner.

72. Operation of agency shop order.
(1) Where a trade union specified in an agency shop order
under section 69
ceases to be registered under this Act, the order shall cease to have ef
fect, and any
other trade union may, in accordance with section 67, apply for an agenc
y shop
order in respect of the employees comprised in the bargaining unit speci
fied in the
agency shop order which has ceased to have effect.
(2) Where, on the application of a trade union, the Court
is satisfied that
there has been a breach of an agency shop order made in favour of the tr
ade union,
the Court may –
(a) make such order as it thinks fit for the enforce
ment of the agency
shop order; and

(b) order the payment of compensation to the trade u
nion, by the
employer, not exceeding two thousand rupees in respect of any one applic
ation.
(3) Where an agency shop order is in force, the trade uni
on specified in the
order shall represent every employee comprised in the bargaining unit sp
ecified in
the agency shop order in any dispute in which the employee is concerned,
whether
or not the employee is a member of the trade union.
(4) If a trade union specified in an agency shop order fa
ils to comply with
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THE INDUSTRIAL RELATIONS ACT 1973
subsection (3), any employee who is aggrieved by the non-compliance ma
y make an
application to the Court to revoke the agency shop order, and the Court
may, upon
hearing the application, make such order as it thinks fit.

73. Discontinuance of agency shop order.
(1) Subject to subsection (2), where an agency shop ord
er is in force, an
employee comprised in the bargaining unit specified in the agency shop o
rder may
make an application to the Commission for a ballot to determine whether
the agency
shop order should not be discontinued.
(2) The Commission shall not consider an application unde
r sub- section (1)
unless –
(a) it is made after not less than 2 years after the
date on which was
taken –

(i) the ballot under section
68; or (ii) a ballot under subsection (3) in respect of t
he same
agency shop order; and
(b) the Commission is satisfied that not less than o
ne-fifth of the
employees comprised in the bargaining unit have signified in writing the
ir
concurrence in the application.
(3) Subject to subsection (2), the Commission shall, on
an application being
made under subsection (1), take a ballot of employees comprised in the
bargaining
unit specified in the agency shop order to which the application relates
on the
question whether the agency shop order should not be discontinued.
(4) The Commission shall notify the result of the ballot
to the employee who
made the application for a ballot, the employer and the trade union conc
erned.

(5) Where, on a ballot taken under subsection (
3) –

(a) a majority of the employees eligible to
vote; or

(b) three-fourths or more of those who vote
d in the ballot,
have voted in favour of the discontinuance of the agency shop order, the
order shall
cease to have effect on the last day of the month following the month in
which the ballot
was taken.

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74. Limitation for applications.
An application by a trade union for an agency shop order in respect of a
bargaining unit, or
any part thereof, shall not be entertained by the Commission if it is ma
de within 2 years of
the date on which –
(a) an application in respect of the same bargaining unit
was last made by the
trade union; or

(b) an agency shop order in respect of the same bargainin
g unit in favour of the
trade union ceased to have effect under section 73(5).
F – PAYMENTS IN ACCORDANCE WITH CHECK-OFF AGREEMENTS OR AGENCY SHOP
ORDERS

75. Provisions from wages of employees.
(1) Where a deduction is made from the wages of an employ
ee in
accordance with a check-off agreement or an agency shop order –
(a) the amount of the deduction shall not be recover
able by the
employee from his employer;

(b) not more than one deduction shall be made in
respect of any
month, and the deduction shall not exceed in amount the dues payable by
any
member of the trade union in respect of that month;

(c) a deduction shall only be made after all deducti
ons required or
permitted to be made by or under any other law in force have been made;

(d) every employer shall, not later than 14 days
after making a
deduction –
(i) pay over the amount accruing to the trade union
concerned by cheque made payable to the trade union and marked
“Account Payee”, to a bank with which the trade union has a current
account;
(ii) give written notice to the trade union of the r
emittance;
and

(iii) pay over to the Workers Education Fund the amo
unt
accruing to the Fund, in such manner as may be prescribed;

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(e) the trade union shall, not later than 14 days af
ter the receipt of a
notice under paragraph (d)(ii), deliver a written acknowledgment of
the
remittance to the employer.
(2) Where an employee takes part in an unlawful strike, t
he employer may
decline to make any deduction as required by any check-off agreement or
agency
shop order from wages earned by the employee for the month in which the
strike
commences or continues.

76. Prohibition of other payments.
(1) Subject to subsection (3), an employer who makes a
deduction from the
wages of an employee for the purpose of making a payment to a trade unio
n shall,
unless that deduction is made in accordance with a check-off agreement o
r of an
agency shop order, commit an offence, and shall, on conviction, be liabl
e to
imprisonment for a term not exceeding 6 months and to a fine not exceedi
ng 2,000
rupees.
(2) On the conviction of an employer under subsection (1
) the Court may, in
addition to any fine imposed, order the repayment to the employee of the
amount of
any deduction of wages made in contravention of this section.
(3) It shall be a defence in any proceedings under subsec
tion (1) for an
employer to satisfy the Court –
(a) that he was purporting to act in accordance with
a check-off
agreement or of an agency shop order; and

(b) that the commission of the offence was
due – (i) to the employer’s ignorance of any facts which h
e
could not with reasonable diligence have ascertained; or
(ii) to a bona fide mistake in the keeping of the
employer’s records; and
(c) that the consequences of the ignorance or mistak
e have been
rectified.
G – WORKS COUNCILS

77. Establishment of works councils.
(1) The Minister may require the Commission to examine th
e state of
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industrial relations in an industry and to report on the desirability or
otherwise of
forming works councils in that industry.
(2) Subject to subsection (3), on any reference to the
Commission under
subsection (1), the Commission shall enquire into the matter and may r
ecommend
the establishment of works councils in the industry, and shall specify,
in its
recommendation, the terms on which the works councils should be establis
hed.
(3) The Commission shall not recommend the establishment
of a works
council in an undertaking in any industry where –
(a) it is satisfied that the establishment of a work
s council in the
undertaking will not be conducive to good industrial relations;

(b) a works council or similar body is already funct
ioning under a
voluntary arrangement in the undertaking;

(c) there are less than 20 employees in the
undertaking.
(4) Where the Commission recommends the establishment of works cou
ncils, the
Minister may, by regulations, establish works councils in accordance wit
h the terms
specified by the Commission in its recommendation.
(5) Nothing in this section or in any regulation made und
er this Act relating to
works councils shall prevent or discourage the establishment under volun
tary
arrangements in any undertaking of improved means of communication betwe
en
employees and employer.

PART VII – INDUSTRIAL DISPUTES
A – VOLUNTARY ARBITRATION

78. Arbitration in industrial disputes.
(1) Subject to subsection (2), the parties to an indust
rial dispute may jointly
refer the dispute to the Tribunal and thereupon Tribunal shall enquire i
nto the dispute
and make an award thereon.
(2) The Tribunal shall not enquire into any industrial di
spute, or any matter
connected therewith, where –
(a) notification of the reference of the dispute
has not been given
to the Minister;
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(b) the dispute relates to any matter within the
exclusive
jurisdiction of the Court; or

(c) the dispute relates to any matter which is the s
ubject of pending
proceedings before the Commission or any court of law.
B – REPORTING, INVESTIGATION, CONCILIATION AND
COMPULSORY ARBITRATION OF DISPUTES

79. Reporting of industrial disputes.
(1) Any industrial dispute, whether existing or apprehend
ed, may be
reported to the Minister by or on behalf of any party to the dispute.
(2) Every report of an industrial dispute shall be made i
n writing and shall
specify –
(a) the employees and employers, or the descriptions
thereof, who
are parties to the dispute;

(b) the party by or on whose behalf the report i
s made; and

(c) every issue or matter giving rise to the dispute.
(3) Where an industrial dispute is reported to the Minist
er, a copy of the
report shall be served by or on behalf of the party making the report up
on every
other party to the dispute.

80. Rejection of report by Minister.
(1) The Minister may reject a report under section 79, if
it appears to him
that the report –
(a) relates in whole or in part to a dispute which i
s not an industrial
dispute; or

(b) is made by or on behalf of a party who is no
t, or is not entitled
to be, a party to an industrial dispute in relation to any of the issues
or matters
raised in the report; or

(c) does not contain sufficient particulars of t
he issues or matters
giving rise to the industrial dispute.

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(2) Where the Minister rejects a report under subsection
(1), he shall give
written notice of the rejection to all the parties specified in the repo
rt.

81. Appeal to Tribunal against rejection of report.
Where a report of an industrial dispute under section 79 is rejected by
the Minister, any
party aggrieved by the rejection may appeal against the rejection to the
Tribunal and on
any such appeal the Tribunal may confirm or revoke the decision of the M
inister.

82. Consideration of report by Minister.
(1) Where an industrial dispute has been reported to the
Minister under
section 79, and the report has not been rejected by the Minister under s
ection 80 or,
if it has been rejected, the rejection has been revoked on an appeal to
the Tribunal
under section 81, the Minister may, with a view to promoting a settlemen
t of the
dispute, take any one or more of the following steps –

(a) make proposals to the parties for the s
ettlement of the dispute;
(b) recommend that the parties make use or further u
se of any
machinery for the voluntary settlement of disputes available to them;

(c) refer the parties to the Commission for
conciliation;

(d) cause the Commission to make an investi
gation into the dispute;

(e) advise the parties to refer the dispute
to the Tribunal;

(f) subject to subsection (2), refer the
dispute to the Tribunal.

(2) The Minister shall not refer a dispute to the Tri
bunal –
(a) within 14 days of the day on which the Minis
ter received the
report of the dispute under section 79; or

(b) where the parties are endeavouring to reach
agreement,
before the expiry of such longer period of time as the parties jointly d
eclare they
require for the settlement of the dispute.

83. Compulsory arbitration.
Where any dispute is referred to the Tribunal by the Minister under sect
ion 82, the Tribunal
shall, with all diligence, enquire into the dispute and make an award th
ereon.

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84. Limitation on report of dispute.
Where a dispute has been referred to the Tribunal under this Pa
rt, no party to the
dispute may report any other dispute between the same parties within the
period of 6
months immediately following the date on which the original report was m
ade.

C – AWARDS AND AGREEM
ENTS
85. Effect of awards.

(1) An award shall be published in the Gazette, and shall –
(a)
state the parties, the employees and the employers to whom each of the
provisions of the award shall apply; and
(b)
take effect –

(i) on the date of its public
ation in the Gazette, or
(ii) if it is expressed to have retrospective effect
, on the
date specified in the award; and
(c) be binding on all the parties to whom the aw
ard applies for
such period not exceeding 2 years as the Tribunal may determine.
(2) Any party to whom an award applies may, while the awa
rd is in force,
make an application to the Tribunal for a variation of the award and the
Tribunal
may, after hearing all the parties to whom the award applies, vary the a
ward where it
is satisfied that there has been, since the making of the award, a chang
e in
circumstances which justifies the variation.
(3) Subject to subsection (4), an award shall, from the
date on which the
award takes effect, be an implied term of every contract of employment b
etween the
employees and employers to whom the award applies until –
(a) it is varied by agreement or by a subsequent awa
rd pursuant to
subsection (2); or

(b) it ceases to have effect.
(4) An award shall not contain any provision which is inc
onsistent with the
provision of any law, other than a Remuneration Order, relating to the t
erms or
conditions of, or affecting, employment, and any award containing any su
ch
inconsistent provision shall, to the extent of the inconsistency, be voi
d.

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86. Registration of collective agreement in settlement.
Where the parties to an industrial dispute which has been notif
ied or reported to the
Minister under this Part have reached a collective agreement by settleme
nt, the terms of
the agreement shall be set out in a memorandum which shall be signed by
or on behalf of
all the parties to the dispute, and any such party may lodge a copy of t
he memorandum
duly signed with the Tribunal.

87. Extension of awards and agreements.
(1) Subject to subsection (2), where an award or a coll
ective agreement
which governs the terms and conditions of employment in a part of an ind
ustry
is in force, an employer or a trade union of employees to whom the award
or
agreement applies may make an application to the Tribunal for an order t
o
extend the award or agreement to the whole of the industry and, on heari
ng the
application, the Tribunal may grant or refuse the order.
(2) No order shall be made under subsection (1) unless
the Tribunal is
satisfied that –
(a) the parties to the award or agreement are or rep
resent a
substantial proportion of the employees or of the employers in the indus
try, the
employees being employees of the description to which the award or agree
ment
applies;

(b) an employer engaged in the industry is not bound
by the award
or agreement;

(c) the extension of the award or agreement is n
ecessary or
desirable in the interests of uniformity of terms and conditions of empl
oyment in
the industry.
(3) An order under subsection (1) may be made subject t
o such
conditions as the Tribunal thinks fit and, in particular, the order may
provide that
where an employer is observing terms and conditions of employment which
are
more favourable than the terms and conditions of employment specified in
the
award or agreement, the employer shall continue to be bound by the more
favourable terms and conditions of employment.
(4) The terms of an order under subsection (1) shall be
deemed to form
part of the award or agreement and shall be deemed to have had effect on
the
date on which the award or agreement came into force.

88. Interpretation of order award and agreement.
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(1) Where any question arises as to –

(a) the interpretation of any order or award
made by the Tribunal;

(b) any order or award being inconsistent w
ith any law in force;
(c) the interpretation of any collective agreeme
nt, any party to
whom the order, award or agreement relates, or the Minister, may apply t
o the
Tribunal for a declaration on the question, and thereupon the Tribunal s
hall
make a declaration on the question after hearing the parties concerned.
(2) A declaration by the Tribunal under subsection (1)
shall be notified
to the parties and shall be deemed to form part of the order, award or c
ollective
agreement.
(3) Notwithstanding subsection (1), where a question arises out
of any clerical
mistake, incidental error or omission, the Tribunal may, on its own moti
on and
without hearing the parties, make a declaration to rectify the mistake,
error or
omission.
D – ENFORCEMENT OF COLLECTIVE BARGAINING

89. Order for adherence to agreed procedure.
(1) Where it appears to the Tribunal on an application ma
de to it under this
section that, in regard to any existing or threatened strike or lock-out
arising out of an
industrial dispute, all the conditions specified in subsection (4) are
fulfilled, the
Tribunal may make an order under this section.
(2) An application under subsection (1) may be made by
the Minister or by
or on behalf of any party to an industrial dispute whether or not the di
spute has been
reported to the Minister under section 79 and if the dispute has been so
reported,
whether or not the report has been rejected by the Minister under sectio
n 80.

(3) An order under subsection (1) shall –
(a) require the parties named therein to make use of
the existing
machinery for the voluntary settlement of disputes; and

(b) declare any existing or threatened strike or loc
k-out in the
industry named therein to be unlawful.
(4) The conditions specified for the purposes of subsecti
on (1) in relation to
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an existing or a threatened strike or lock-out arising out of an industr
ial dispute in
any industry, are –
(a) that there is machinery of negotiation or arbitr
ation for the
voluntary settlement of disputes in that industry;

(b) that a substantial proportion of the employe
es and of the
employers in that industry are, either directly or indirectly, parties t
o an
agreement for the use of that machinery;

(c) that that machinery is suitable, for the set
tlement of that
dispute; and

(d) that all practical means of reaching a settl
ement of that dispute
through that machinery have not been exhausted.

90. Order for utilisation of legal remedies.
(1) Where it appears to the Tribunal on an application ma
de to it under this
section that, in regard to any existing or threatened strike or lock-out
arising out of an
industrial dispute, the dispute relates wholly or mainly to issues speci
fied in
subsection (4), the Tribunal may make an order under this section.
(2) An application under subsection (1) may be made by
the Minister or by
or on behalf of any party to the dispute.

(3) An order under subsection (1) shall –
(a) require the parties named therein to make use of
the procedure
and remedies available under this Act or any other law in force; and

(b) declare any existing or threatened strike or loc
k-out in the
industry named therein to be unlawful.
(4) The issues specified for the purposes of subsection (
1) are issues or
matters for the determination of which procedures and other remedies are
available
under this Act or any other law in force, and without prejudice to the g
enerality of the
foregoing, include any issue or matter relating to –
(a) the recognition of a trade union of employees as
having
negotiating rights or representational status;

(b) the introduction or implementation of a
check-off agreement;
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(c) the legal rights of individual employees, wh
ether as employees
or members of trade unions.

91. Order for adherence to award and agreement.
(1) Where it appears to the Tribunal on an application ma
de to it under this
section that, in regard to any existing or threatened strike or lock-out
arising out of an
industrial dispute, all the conditions specified in subsection (4) are
fulfilled, the
Tribunal may make an order under this section.
(2) An application may be made under subsection (1) by
the Minister or by
or on behalf of any party to the dispute and on any such application the
Tribunal
may, without hearing any of the other parties to the dispute, make an in
terim order
for such limited duration as the Tribunal may consider necessary and pro
per in order
to safeguard the interests of the applicant.

(3) An order under subsection (1) shall – (a)
require the parties named therein to comply with the existing award or
agreement; and
(b)
declare any existing or threatened strike or lock-out in the industry na
med
therein to be unlawful until a date specified in the order, being a date
on which,
in the opinion of the Tribunal, the award or agreement shall cease to ha
ve
effect.
(4) The issues specified for the purposes of subsection (
1) are issues or
matters for the determination of which procedures and other remedies are
available
under this Act or any other law in force and, without prejudice to the g
enerality of the
foregoing, include any issue or matter relating to –
(a) the recognition of a trade union of employees or
a joint
negotiating panel as having negotiating rights or representational statu
s;

(b) the introduction or implementation of a
check-off agreement;
(c) the legal rights of individual employees, wh
ether as employees
or members of trade unions.
E – UNLAWFUL STRIKES OR LOCK-OUTS

92. Unlawful strikes or lock-outs.
(1) Subject to subsections (2) and (3), an existing o
r threatened strike or
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lock-out in any industry shall be unlawful unless –
(a) a report of the industrial dispute out of which
it arises has been
made under section 79; and

(b) 21 days have elapsed since the date on which
the Minister
received the report and the dispute has not been settled or referred to
the
Tribunal; and

(c) the strike or lock-out commences within 56 d
ays from the date
on which the Minister received the report.
(2) Where the parties to an industrial dispute have, purs
uant to section 82(2)
(b), declared that they require a longer period than 21 days for the s
ettlement of the
dispute, an existing or threatened strike or lock-out in any industry sh
all be unlawful
unless –
(a) the longer period so declared, and a further per
iod of 7 days
thereafter, have elapsed, and the dispute has not been settled or referr
ed to the
Tribunal; and
(b) the strike or lock-out commences within 35 days
after the
expiration of the longer period so declared.
(3) Where the Minister has rejected the report of an indu
strial dispute and
his declaration has, on an appeal under section 81, been revoked, the ti
me-limits
specified in subsection (1) shall be reckoned as from the date of the
decision of the
Tribunal on the appeal.

Amended by [
Act No. 25 of 1975]

93. Imperilling the national economy.
Where a strike or lock-out which is not unlawful has commenced and the P
rime Minister is
of opinion that the continuance of the strike or lock-out will imperil t
he national economy,
he may, by regulations, declare that strike or lock-out to be unlawful a
nd, thereupon, the
strike or lock-out shall be unlawful for a period of 60 days beginning f
rom the day following
the day on which the Order is published.
PART VIII – REMUNERATION ORDERS

94. References to the Board.

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(1) Where the Minister is of opinion that it is expedient
to fix a minimum
remuneration in respect of any category of employees, he may refer the m
atter to
the Board.
(2) (a) Without prejudice to subsection (1), a joint
consultative or
negotiating body composed of representatives of substantial numbers of
employees and of employers in an industry may request the Minister to re
fer
any matter concerning minimum remuneration in that industry to the Board
.
(b) The Minister shall consider any request under pa
ragraph (a)
and may, if he thinks fit, refer the matter to the Board.

95. Recommendations.
(1) Upon a reference under section 94, or on its own moti
on, the Board may
submit to the Minister recommendations –
(a) for fixing the remuneration (including holiday
remuneration) to be
paid and prescribing the conditions of employment to be provided, either

generally or for any particular industry, by their employers to or for a
ll or any of
the employees of the category mentioned in the recommendation; or

(b) for requiring holidays to be allowed by employer
s for any of the
employees of the category mentioned in the recommendation.

(2) Before submitting any recommendation to the Minis
ter, the Board shall –

(a) make such investigations as it thinks fi
t;
(b) publish in the Gazette and in at least 3 daily newspapers a notice
specifying that copies of the recommendation it proposes to make may be
obtained at the office of the Board and the time, which shall not be les
s than
seven nor more than fourteen days from the date of the publication, with
in
which written representations with respect to the proposed recommendatio
n
may be sent to the Board;

(c) consider any written representation made within
the time
specified in the notice;

(d) make such further enquiries or give such fur
ther consideration
to the matter as it thinks necessary.
(3) The Board shall, not later than 28 days after the pub
lication of the notice
under subsection (2)(b), submit its recommendation to the Minister,
either without
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amendment or with such amendments to the proposed recommendation as it t
hinks
fit.

96. Remuneration Orders.
(1) Where the Minister receives a recommendation under se
ction 95, he
may –
(a) by regulations, make a Remuneration Order implem
enting the
recommendation;
(b) reject the recommendation and –
(i) make no Remuneration Order; or
(ii) by regulations, make any such Remuneration Order as he
thinks fit; or
(c)
refer the recommendation back to the Board with a request to reconsider
the recommendation in the light of observations the Minister may make.
(2)
Where the Minister refers a recommendation back to the Board under
subsection (1), the Board shall reconsider the recommendation and make
a
fresh recommendation to the Minister and, on the submission of a fresh
recommendation by the Board, the Minister may –
(a)
by regulations, make a Remuneration Order implementing it; or
(b)
reject the fresh recommendation and –
(i) make no Remuneration Order; or
(ii) by regulations, make such Remuneration Order as he thinks fit.
(3) The Minister shall cause every Remuneration Order und
er this section to
be published in the Gazette and in at least 3 daily newspapers.
(4) Any Remuneration Order under this section shall take
effect from a date
which shall be specified in the Order, and different dates may be fixed
in relation to
different categories of employees.

(5) A Remuneration Order may be made to take eff
ect retrospectively.
(6) A Remuneration Order may authorise specified benefits
or advantages,
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THE INDUSTRIAL RELATIONS ACT 1973
being benefits or advantages provided by the employer or by some other p
erson
under an arrangement with the employer, to be reckoned as payment of wag
es by
the employer in lieu of payment in cash, and defining the value at which
any such
benefits or advantages are to be reckoned.

96A. Power to make regulations to reflect payment of additional remuner
ation

(1) Notwithstanding sections 94 to 96, the Minister may, following
the
enactment of any law providing for the payment of additional remuneratio
n, make
such regulations as are necessary in order to reflect any such additiona
l
remuneration in the salary, wage or other remuneration payable under any

regulations implementing any Remuneration Order governing any category o
f
employees, to whom the additional remuneration is payable.
(2) Regulations made under subsection (1) may be by way
of regulations
amending regulations made to implement any Remuneration Order.

Amended by [
Act No. 25 of 1975]; [ Act No. 10 of 1997]

97. Effect of Remuneration Order.
(1) Subject to section 98, where a Remuneration Order is
in force in relation
to an employee, the Order shall have effect notwithstanding the terms an
d conditions
contained in any agreement entered into by the
employee.
(2) Subject to subsection (3), any employer who contrav
enes any
Remuneration Order made in respect of his employee shall commit an offen
ce and
shall, on conviction, be liable to imprisonment for a term not exceeding
6 months and
to a fine not exceeding 2,000 rupees.
(3) It shall be a defence in any proceedings under subsec
tion (2) for an
employer to satisfy the Court –
(a) that he has used every diligence to ensure compl
iance with this
Part; and

(b) that the offence was committed –
(i) without his knowledge, consent, or connivance; or
(ii) by reason of a bona fide mistake in the keeping of his records;
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THE INDUSTRIAL RELATIONS ACT 1973
and

(c) that the consequences of the ignorance or mistak
e have been
rectified.
(4) Where an employer is convicted of an offence under su
bsection (2)
which consists in the payment to an employee of a lesser remuneration th
an the
minimum remuneration specified in a Remuneration Order the Court may, wi
thout
prejudice to any penalty which may be imposed under subsection (2), or
der the
employer to pay to the employee the amount which represents the differen
ce
between the amount which ought to have been paid to the employee and the
amount
actually paid.

98. Permits to infirm and incapacitated persons.
(1) Where, in respect of a person employed or desiring to
be employed in
circumstances in which a Remuneration Order applies or will apply to him
, the
Principal Labour Officer or any public officer duly authorised by him is
satisfied, on
application being made to him either by the person or his employer or pr
ospective
employer, that the person is affected by infirmity or physical incapacit
y which renders
him incapable of earning the minimum remuneration specified in a Remuner
ation
Order, he may, subject to such conditions as he thinks fit, grant a perm
it authorising
the employment of that person at less than the minimum remuneration so s
pecified.
(2) Where a permit under subsection (1) is in force, th
e remuneration
authorized to be paid to the employee under the permit shall, subject to
compliance
with the conditions under which the permit has been granted, be deemed t
o be the
minimum remuneration in relation to that employee.
(3) Where a person is employed at a lesser rate than the
minimum
remuneration specified, the employer shall give written notice to the Pr
incipal Labour
Officer of the employment and of the rate of remuneration.
(4) Any person, employer or prospective employer who is a
ggrieved by the
decision of the Principal Labour Officer or officer authorised by him to
grant or to
refuse to grant a permit under subsection (1) may make an application
to the
Tribunal to reverse the decision, and, on hearing the application, the T
ribunal may
make such order as it thinks fit.
PART IX – THE PUBLIC SERVICE AND CIVIL SERVICE UNIONS
99.
Application of Act to public service.

In the application of this Act to the public service and civil service u
nions –
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THE INDUSTRIAL RELATIONS ACT 1973
(a)
the functions of the Permanent Arbitration Tribunal, the Industrial Rela
tions
Commission and the Minister shall be exercised –
(i) in the case of the Tribunal, by the Civil Service Arbitration Trib
unal
established under section 100;
(ii) in the case of the Commission, by such machinery as may be
prescribed;
(iii) in the case of the Minister, by the Minister to whom
responsibility for the Public Service is assigned; and
(b) Sub-Part C of Part IV, Sub-Part G of Part VI
, Part VIII, section
108(b) and the Second Schedule shall not apply.

100. Civil Service Arbitration Tribunal.
(1) There is established for the purposes of this Part
a Tribunal to be known
as the Civil Service Arbitration which shall consist of –

(a) a President to be appointed by the Minis
ter; and
(b) two assessors who shall be chosen in such manner
as may be
prescribed.
(2) The President of the Permanent Arbitration Tribunal e
stablished under
section 39 may be appointed President of the Civil Service Arbitration T
ribunal.
(3) In the exercise of its functions under this Act the C
ivil Service Arbitration
Tribunal shall, in so far as may be appropriate –

(a) have regard to the principles laid down
in section 47;

(b) be guided by the Code of Practice set o
ut in the Third Schedule.
(4) The Civil Service Arbitration Tribunal shall have suc
h other functions as
may be prescribed or may otherwise be provided by Parliament.
(5) The Civil Service Arbitration Tribunal shall regulate
its proceedings in
such manner as it may determine.
PART X – OFFENCES AND PENALTIES

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101. Prevention of intimidation.
(1) Without prejudice to the Public Order Act but subject
to section 102, any
person acting on his own behalf or on behalf of a trade union may, in co
ntemplation
or furtherance of an industrial dispute, attend at or near a place where
a person
works or carries on business, either alone or in reasonable numbers and
at a
reasonable time for the purpose of peacefully obtaining or communicating

information, or of peacefully persuading any other person to work or abs
tain from
working.
(2) Any person who, without lawful excuse, attends at or
near a place where
a person works or carries on business, otherwise than in accordance with
the
conditions specified in subsection (1) or for a purpose other than one
that is
specified in subsection (1), shall commit an offence.
(3) Any person who, with a view to compelling any other p
erson to abstain
from doing or to do any act which that other person has a legal right to
do or abstain
from doing, without lawful authority or excuse –
(a) uses violence on or intimidates such other perso
n or his wife or
children or damages his property;

(b) persistently follows such other person
about from place to place;
(c) hides any tools, clothes or other property o
wned or used by
such other person or deprives him of, or hinders him in, the use thereof
;

(d) watches or besets the house or other place where
such other
person resides, or works or carries on business, or happens to be, or th
e
approach to such house or place; or

(e) follows such other person with two or more p
ersons in a
disorderly manner in or through any street or road,
shall commit an offence, and shall, on conviction, be liable to a fine n
ot exceeding 500
rupees and to imprisonment for a term not exceeding 3 months.

102. Penalty for strike or lock-out offences.
(1) Any person who in connection with any strike or lock-
out which is
unlawful –
(a)
calls, institutes, organises, carries on, procures or incites other pers
ons to
take part in, the strike or lock-out; or
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(b)
takes part in or assists in the strike or lock-out, shall commit an offe
nce, and
–
(i) in the case of an offence under paragraph (a)
shall, on
conviction, be liable to a fine which shall not be less than 500 rupees
nor more than 1,000 rupees or to imprisonment not exceeding 12
months;
(ii) in the case of an offence under paragraph (b)
shall, on
conviction, be liable to a fine not exceeding 500 rupees and to
imprisonment not exceeding 3 months.
(2) Any person who ceases work or refuses to continue wor
k, being work
which under his terms and conditions of employment he is bound to do, in

circumstances which give rise to a reasonable suspicion that he is takin
g part in or
acting in furtherance of an un- lawful strike, and fails to satisfy the
Court that he
ceased work, or refused to continue work, as the case may be, for causes
wholly
unconnected with that strike, shall commit the offence of taking part in
an unlawful
strike.
(3) Any person who, for the purpose of promoting or maint
aining a strike or
lock-out which is unlawful, directly or indirectly contributes financial
assistance –
(a) to a trade union of employees which calls, organ
ises or carries
on the strike, or to any employee who takes part in or assists in the st
rike; or

(b) to an employer or trade union of employers w
hich institutes,
takes part in or assists in the lock-out,
shall commit an offence and shall, on conviction, be liable to a fine no
t exceeding
10,000 rupees.
(4) Any trade union or any employee or employer or any ot
her person who
receives financial assistance for the purpose of promoting or supporting
a strike or
lock-out which is unlawful shall commit an offence and shall, on convict
ion, be liable
to a fine not exceeding 2,000 rupees.
(5) Where a person who commits an offence under this section was a
t the time of
the offence an officer of a trade union it shall be presumed, until the
contrary is
proved, that he committed the offence with the authority of the trade un
ion.
(6) Where an officer of a trade union commits an offence
with the authority
of the trade union, every person who at the time of the offence was an o
fficer of the
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trade union shall likewise commit that offence, unless he proves that th
e offence was
committed without his consent or connivance and that he exercised all re
asonable
diligence to prevent the commission of the offence.

103. Offence by trade unions and officers of trade unions.
(1) Any trade union which fails to comply with any provis
ion of this Act or the
Second Schedule or any regulation made under this Act shall commit an of
fence and
shall, on conviction, be liable to a fine not exceeding 5,000 rupees.
(2) Any officer of a trade union who fails to comply with
any provision of this
Act or the Second Schedule or any regulation made under this Act shall c
ommit an
offence.
(3) Where a trade union commits an offence under subsection (1)
the officer
responsible under the rules of the trade union for complying with the pr
ovision of this
Act, or the Second Schedule or the regulation which has been contravened
by the
trade union shall commit an offence unless he proves that the offence wa
s
committed without his consent or connivance and that he exercised all re
asonable
diligence to prevent the commission of the offence.
(4) Any officer of a trade union who commits an offence u
nder this section
shall, on conviction, be liable to a fine not exceeding 2,000 rupees.
(5) Where an officer of a trade union is convicted under
this section of a
misapplication of the funds of the trade union in breach of section 29 o
r 30 –
(a) he shall be disqualified for a period of 3 years
for being an officer
of a trade union; and

(b) the Court may, in addition to any fine impos
ed upon the officer,
order him to refund to the trade union the amount of the funds illegally
applied.

104. Other offences.
Any person, other than an officer of a trade union, who fails to comply
with this Act or the
Second Schedule or any regulations made under this Act shall commit an o
ffence and shall
on conviction, be liable to a fine not exceeding 500 rupees.
PART XI – MISCELLANEOUS

105. No pay while on strike.
Notwithstanding any other enactment, an employee shall not be entitled t
o receive, nor
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THE INDUSTRIAL RELATIONS ACT 1973
shall be awarded by any court of law or by the Tribunal, any wages in re
spect of any day
during which he takes part or assists in a strike.

106. Service of notices.
(1) Subject to subsection (2), every notice or other do
cument required to be
served on or sent to a trade union or to an officer shall be deemed to h
ave been duty
served or sent if forwarded by registered post to the postal address of
the registered
office of the trade union.
(2) Where any notice has to be served on or sent to a tra
de union and the
trade union –

(a) has ceased to exist; or

(b) has no registered office,
the notice shall be published in the Gazette and in 2 daily newspapers.

107. Publication of returns.
The Registrar shall publish in a concise form, in the Gazette and in 2 daily
newspapers, the returns, other than the general statements prepared unde
r section 34(2),
submitted to him by trade unions under this Act.

108. Regulations.
The Minister may make such regulations as he thinks fit for the
purposes of this Act,
and in particular, but without prejudice to the generality of the forego
ing power, regulations
may be made –
(a) to provide for the inspection of registers and d
ocuments kept by
the Registrar, and the making of copies of any entries in it;
(b) to provide for the operation, composition, r
ules and
proceedings of works councils and the tenure of office of their members;

(c) to provide for the records to be kept by
trade unions;

(d) for the levying of fees and charges; an
d

(e) to amend the Schedules.
——
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FIRST SCHEDULE
(Section 17)
CONSTITUTION AND MANAGEMENT
1.
The name of the trade union, and the address of its registered office.
2.
The objects for which the trade union is established.
3. The election of the executive and the re-election of that body a
t regular intervals not
exceeding 2 years, and the manner in which members of the executive may
be removed.
4. The election or appointment of the officers of the trade union a
nd the manner in
which they may be removed.
5. The powers and duties of the executive and of each of the office
rs of the trade union.
6. The manner in which any branch of the trade union shall be forme
d; the management
of the branch; and the convening and conduct of meetings for the transac
tion of the
business of the branch.
7. The convening and conduct of meetings for the transaction of the
business of the
trade union.
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 conditions governing the eligibility of members for voting i
n any election or ballot.
10. The manner in which, for any purpose of the trade union, election
s are to be held or
ballots taken, including the procedure for the counting and scrutiny of
votes and ballot
papers and the procedure for the declaration or notification of the resu
lt of any election or
ballot.
11. In the case of a federation of trade unions or a trade union of e
mployers, the
circumstances (if any) in which the federation or the trade union has
power to negotiate
and enter into agreements on behalf of its members.

12. The procedure to be followed for the alteration of the rules.

13. The circumstances and the manner in which the trade union may be
dissolved.
MEMBERS OF THE TRADE UNION
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14. The description of persons who are eligible for membership of the
trade union, the
procedure for dealing with applications for membership, including provis
ion for appeals
against decisions of the persons responsible for determining such applic
ations.
15. (a) The dues payable in respect of membership of the trade
union (including
any contributions payable in respect of admission or re-admission), or
the basis on
which the amount of the dues is to be determined.

(b) The procedure and penalties in case of defau
lt in payment of dues.
16. (a) The descriptions of conduct in respect of which discipl
inary action
(whether by way of suspension, expulsion or otherwise) can be taken by
or on
behalf of the trade union against any of its members .
(b) The nature of the disciplinary action which can be so
taken in respect of
each such description of conduct.
(c) The procedure for the taking of disciplinary action,
including provision for
appeals against decisions of the persons responsible for taking it.
17. The circumstances in which, and the procedure, other than expu
lsion by way of
disciplinary action, by which membership of the trade union may be termi
nated.
18. The procedure for inquiring into any complaint of a member of
the trade union that
action contrary to the rules of the trade union has been taken by the tr
ade union or by any
person acting on its behalf.
PROPERTY AND FUNDS OF THE TRADE UNION
19. The investment of the funds of the trade union (or their depo
sit in a bank).
20. The purposes for which, and the manner in which, any property
or funds of the
trade union are authorised to be applied.
21. Where any financial benefits are to be available to members of
the trade union out
of its property or funds, the circumstances in which those benefits are
to be available to
members, and the amounts of those benefits.
22. (a) The keeping of a register of members showing the names, a
ddresses and
payments made by the members.

(b) The keeping of proper accounting records, the prepar
ation of accounts in
accordance with the relevant provisions of this Act.
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(c) The audit of the register of members and of the acc
ounts at least once
every 6 months.

(d) The rights of members of the trade union to inspect
the accounting records
and the register of members.
23. The amount of the security to be furnished by officers whose offi
ce is connected with
the collection, receipt and management of moneys on behalf of the trade
union.
24. The distribution of the property and funds of the trade union in
the event of its
dissolution.
————————————SECOND SCHEDULE
(Sections 39, 41 and 45)
PERMANENT ARBITRATION TRIBUNAL, INDUSTRIAL RELATIONS COMMISSION AND NATIONAL REMUNERATION BOARD
PART I
ORGANISATION AND SITTINGS OF TRIBUNAL
1.
The Tribunal shall have an official seal.
2.
The Tribunal may sit –

(a) in one or 3 divisions as may be necessary;

(b) at any time and in any place in Mauritius.
3. (1) (a) The jurisdiction of the Tribunal shall be exerci
sed by a division of
the Tribunal.
(b)
Every 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 2 other members.

(2) Applications in respect of such matters as the rules
of the Tribunal may
specify may be heard and determined by the President or any member of th
e Tribunal
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THE INDUSTRIAL RELATIONS ACT 1973
designated by the President for the purpose.

(3) Where in the course of any proceedings before the T
ribunal, a vacancy
arises in relation to one of the members other than the President, or th
e Vice-President,
as the case may be, the remaining 2 members of the Tribunal may, where t
he parties to
the proceedings agree, continue and conclude those proceedings notwithst
anding the
vacancy.

(4) Where the Tribunal proceeds in accordance with sub-p
aragraph (3), no act,
proceedings or determination of the Tribunal shall be called in question
or invalidated
by reason of the vacancy.
4. (1) Where it appears to the President to be expedient to
do so, he may appoint
two 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 six
persons appointed by the Minister after consultation with such represent
atives of
employers as he considers appropriate, and one from a panel of not less
than six
persons appointed by the Minister after consultation with such represent
atives of
employees as he considers appropriate.
(2) Where, in the course of any proceedings before the Tribunal,
an assessor
appointed under paragraph (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 membe
rs of the Tribunal
and, in the event of any disagreement –

(a) of the majority of such members, if there are three;
and

(b) of the President if there are only two members.

PRACTICE AND PROCEDURE OF TRIBUNAL
6. (1) The Tribunal shall so exercise its jurisdiction in any p
roceedings as to enable
the parties to the proceedings to avail themselves of the conciliation s
ervices of the
Commission, or of other opportunities for conciliation.

(2) The Tribunal may in relation to any dispute or o
ther 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 heari
ng or from
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THE INDUSTRIAL RELATIONS ACT 1973
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 i
nterest;

(c) hear and determine the matter in the absence of
any party who
has been 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 just
ice to be joined as a party,
and to do so on such terms and conditions as the Tribu
nal may
decide;

(e) generally give all such directions and make all
such orders,
whether interim or permanent, conditional or unconditional and do all su
ch
things as are necessary or expedient for the expeditious determination o
f 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 unneces
sary, improper
or vexatious; or

(b) there has been unreasonable delay or other u
nreasonable
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.
PART 1A

ORGANISATION AND SITTINGS OF THE BOARD

7A. (1) the Board may sit –
(a)
in one or 2 divisions as maybe necessary;

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THE INDUSTRIAL RELATIONS ACT 1973
(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 Chairman or Vice-Chairman of the Board; and

(b) consist of the presiding member and 4 other members.
PART II
MEMBERSHIP OF TRIBUNAL, COMMISSION AND BOARD
8. (1) A member, other than the President or the Vice-Preside
nt of the Tribunal
–
(a) shall be appointed from among persons experience
d in the field
of industry, commerce, finance or industrial relations; 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 elec
tion to, the
Assembly or any local authority; or

(b) in the case of the Tribunal or the Commission, w
here he is a
public officer, a local government officer or an officer of a trade unio
n.

(3) Previous membership shall not affect eligibility for re-a
ppointment.

9.
A member may at any time resign his office by notice in writing
addressed
to the Minister.

10.
The Minister may remove a member, other than the President or Vic
e-
President of the Tribunal from office.
11. The appointment and the termination of office of every memb
er shall be
notified in the Gazette.

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12. (1) Notwithstanding that the term of his office has expired,
a member may, with
permission given in accordance with subparagraph (2), continue his off
ice 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 exp
ired.

(2) For the purposes of this paragraph, permission may be
given –
(a) in the case of the President of the Tribunal, th
e Chairman of the
Commission or the Chairman of the Board, by the Minister;

(b) in the case of any other member, by the Pres
ident of the
Tribunal, the Chairman of the Commission, or the Chairman of the Board,
as
the case may be.
13. –
14. (1) Subject to any regulations made in that behalf, the Tribu
nal, the Commission
and the Board may regulate their own procedure.

(2) The Tribunal, the Commission and the Board shall see
k to avoid formality
in their proceedings.
15. A member of the Tribunal, the Commissioner or the Board who has a
direct or
indirect interest in any matter which is the subject of proceedings befo
re the Tribunal, the
Commission or the Board shall not take part in those proceedings.
16. The Tribunal, the Commission or the Board may appoint committees
from amongst
its members to examine and report on any matter connected with its funct
ions under this
Act,
17. (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
ground which he could lawfully raise in civil or criminal proceedings, h
e shall not be
required to answer the question or to produce the document, and shall no
t 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 –
(a) to furnish, in writing or otherwise, such partic
ulars in relation to
any matter as may be required;
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(b) to attend before it and to give evidenc
e on oath or otherwise; or

(c) to attend before it and produce any doc
ument.
(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 w
ith.
(5) Any order purporting to be signed by or under the aut
hority of the President
or Vice-President of the Tribunal, the Chairman of the Commission or the
Chairman or
Vice-Chairman of the Board shall be presumed, until the contrary is prov
ed, 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 w
hich he knows,
or has reasonable cause to believe, to be false or misleading in a mater
ial particular
shall commit an offence.
(8) Any witness who is required to attend before the Trib
unal, the Commission
or the Board shall be entitled to the fees or allowances prescribed in t
he Witnesses
Attendance Allowances Act for witnesses in civil cases.
18. (1) There shall not be included in any publication relating t
o any order, award,
report, recommendation or other statement made or authorised by the Trib
unal, the
Commission or the Board or by the Minister, any information disclosed du
ring the
course of proceedings under this Act by any party or witness in proceedi
ngs before the
Tribunal, the Commission or the Board which was made known to the Tribun
al, 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 b
e withheld
from publication, and no person concerned in or present at any proceedin
gs of the
Tribunal, the Commission or the Board shall publish or disclose the info
rmation 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 prej
udice to the power of the
Tribunal, the Commission or the Board to take such other steps as they m
ay consider
necessary or desirable to safeguard national or industrial secrets or ot
her information
appearing to the Tribunal, the Commission or the Board to be deserving o
f confidential
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THE INDUSTRIAL RELATIONS ACT 1973
treatment.
19. It shall be in the discretion of the Tribunal, the Commission and
the Board to admit or
exclude the public or representatives of the press from any of their pro
ceedings.
20. (1) In relation to proceedings before the Tribunal, the Com
mission or the Board
–
(a) where the public or representatives of the p
ress are excluded,
no report or summary of the proceedings may be published; and

(b) where the public or representatives of the p
ress 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 th
e 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 resu
lt of any proceedings
before the Tribunal, the Commission or the Board has been published in a
ccordance
with this Act, publishes –

(a) the terms of the order, award, report of
other result; or
(b) any comment on the proceedings or any eviden
ce adduced
thereat, shall commit an offence.

21. Any person who – (a)
at any sitting of the Tribunal the Commission or the Board –
(i)
wilfully insults any member thereof; or
(ii)
wilfully interrupts the proceedings; or

(b) commits any contempt of the Tribunal, the Commission
or the Board, shall
commit an offence.
MISCELLANEOUS
22. The Tribunal, the Commission and the Board shall be assisted in t
he performance of
their functions by such public officers as the Minister may determine.

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THE INDUSTRIAL RELATIONS ACT 1973
23. Proceedings before the Tribunal, the Commission and the Boar
d shall be exempt
from stamp duty and registration dues.

Amended by [
Act No. 25 of 1977] ———————————THIRD SCHEDULE
(Section 52)
CODE OF PRACTICE
PART I – INTRODUCTION

1. This Code is founded on the following four main propositions –
(a) the employer and his employees have a common interest
in the success of
the undertaking;

(b) good industrial relations are the joint responsibil
ity of management and
employees and the trade unions representing them;

(c) collective bargaining, carried out in a reasonable a
nd constructive manner
between employers and strong representative trade unions, is the best me
thod of
conducting industrial relations;

(d) good human relations between employers and employees
are essential to
good industrial relations.
2. The standards set by this Code are not intended to be exhaustive
, or to prevent the
introduction or recommendation by any person or authority concerned, of
any additions or
improvements.
PART II – RESPONSIBILITIES

MANAGEMENT
3. While good industrial relations are a joint responsibility, the
primary responsibility for
their promotion rests with management.
4. Management at all levels should give regular attention to ind
ustrial relations, and
managers should wherever possible receive training in the industrial rel
ations implications
of their jobs.

5. Where a trade union has negotiating rights, management should –

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(a) jointly with the trade union maintain effective arra
ngements for negotiation,
consultation and communication, and for settling grievances and disputes
;

(b) take all reasonable steps to ensure that managers o
bserve collective
agreements and use agreed procedures; and

(c) make clear to employees that it welcomes their membe
rship of the
recognised trade union and their participation in the trade union’s acti
vities.

6. Where a trade union has representational status, management shou
ld –
(a) maintain effective arrangements for consultation, co
mmunication and for
settling individual grievances of members of the trade union, and ensure
that those
arrangements fully satisfy the rights of representation of the trade uni
on, whether
established by law or by agreement;

(b) take all reasonable steps to ensure that managers us
e those arrangements
and

(c) make clear to employees that it respects their rights to
join a registered trade
union and to take part in its activities, which include seeking recognit
ion for negotiating
purposes.
7. Effective Organisation of work is an important factor in good in
dustrial relations.
Management should therefore ensure that –
(a) responsibility for each group of employees is clearl
y defined in the
organisational structure;

(b) each manager understands his responsibilities and h
as the authority and
training necessary to do his job; and

(c) individual employees or work groups know their objec
tives and priorities
and are kept informed of progress towards achieving them.
TRADE UNIONS OF EMPLOYEES
8. The principal aim of trade unions of employees is to promote the
ir members’
interests. They can do this only if the undertakings in which their memb
ers are employed
prosper. They therefore have an interest in co-operating in measures to
promote efficiency.
They also share with management the responsibility for good industrial r
elations.
9.
Trade unions of employees should therefore –
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THE INDUSTRIAL RELATIONS ACT 1973
(a) where appropriate, jointly with individual managemen
ts, maintain effective
arrangements for negotiation, consultation and communication and for set
tling
grievances and disputes;

(b) where appropriate, jointly with employers’ associations a
nd 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 a
nd members observe
collective agreements and use agreed procedures; and

(d) maintain effective procedures for resolving particul
ar issues with other trade
unions and make full use of any procedures established for settling inte
r-union
disputes.
10.
Trade unions of employees should ensure that their officers –

(a) understand the Organisation, policies and rules o
f the union;

(b) understand their powers and duties; and
(c) are adequately trained to look after their members’ inter
ests in an efficient and
responsible way.
11. To ensure that their Organisation is effective, trade unions of e
mployees should also
–
(a) employ enough full-time officers to maintain adequat
e contact with
management and with their members in every establishment where the trade
union has
negotiating rights, and with any employers’ association concerned;

(b) encourage their members to attend union meetings and
to take part fully in
union activities by holding branch meetings at times and places convenie
nt to the
majority; and

(c) maintain effective procedures for settling dispu
tes within the union.
TRADE UNIONS OF EMPLOYERS
12. The principal aim of trade unions of employers is to promote thos
e interests of their
members which can best be served by co-operation at industry or other ap
propriate levels.

13. Trade unions of employers should therefore –
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THE INDUSTRIAL RELATIONS ACT 1973

(a) where appropriate, jointly with the trade unions con
cerned, maintain
effective arrangements at industry or other levels for settling disputes
and for
negotiating terms and conditions of employment;

(b) encourage their members to develop effective arrang
ements for settling
grievances and disputes at the level of the establishment or undertaking
;

(c) take all reasonable steps to ensure that their membe
rs observe collective
agreements and use agreed procedures;

(d) identify trends in industrial relations to help thei
r members to anticipate and
keep abreast of change;

(e) collect and analyse information about industrial rel
ations and distribute it to
their members; and

(f) provide an advisory service to their members on all
aspects of industrial
relations.
THE INDIVIDUAL EMPLOYEE

14. The individual employee has obligations to his employer, to his t
rade union if he belongs to one, and to his fellow employees. He shares re
sponsibility for the
state of industrial relations in the establishment where he works and hi
s attitude and
conduct can have a decisive influence on them.

15. Every employee should –
(a) satisfy himself that he understands the terms of his
contract and abide by
them; and

(b) make himself familiar with any arrangements for deal
ing with grievances
and other questions which may arise on his contract, and make use of the
m when the
need arises.
16. Some employees have special obligations arising from membership o
f a profession
and are liable to incur penalties if they disregard them. These may incl
ude obligations, for
example in regard to health, safety and welfare, over and above those wh
ich are shared by
the community as a whole.
17. A professional employee who belongs to a trade union should respe
ct the obligations
which he has voluntarily taken on by joining the union. But he should no
t, when acting in
his professional capacity, be called upon by his trade union to take act
ion which would
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THE INDUSTRIAL RELATIONS ACT 1973
conflict with the standards of work or conduct laid down for his profess
ion, 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
the personal social
services.
18. Professional associations, employers and trade unions shall
co-operate in
preventing and resolving any conflicts which may occur between obligatio
ns arising from
membership of a profession and those which the professional employee owe
s to his
employer and to his trade union if he belongs to one.
PART III – EMPLOYMENT POLICIES

GENERAL
19. Clear and comprehensive employment policies are essential to good
industrial
relations. Management shall initiate these policies, but they shall be d
eveloped in
consultation or negotiation, as appropriate, with representatives.

20. Employment policies should include positive policies –
(a) to avoid discrimination on grounds of race, place of
origin, political opinions,
colour or creed; and

(b) to promote equal opportunity in employment.
PLANNING AND USE OF MANPOWER
21. Manpower planning, (such as taking stock, calculating futur
e requirements,
identifying the action necessary) shall be carried out in a manner appr
opriate to the size
and nature of the undertaking.
22.
In operating its manpower policies management shall –

(a) avoid unnecessary fluctuations in manpower;
(b) where changes are necessary, make them with as little dis
ruption as is
practicable to the employees concerned;

(c) maintain arrangements for transferring employees fro
m one job to another
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THE INDUSTRIAL RELATIONS ACT 1973
within the undertaking; and

(d) record information which will help it to identify th
e cause of, and to control,
absenteeism and labour turnover.
RECRUITMENT AND SELECTION

23. In recruiting and selecting employees management shall –

(a) decide the qualifications and experience needed b
y applicants;
(b) consider filling vacancies by transfer or promotion from
within the undertaking;

(c) obtain as much information about applicants as is r
elevant to selection for
the job, but avoid enquiries 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 trade union arrangements before an applicant is engage
d.
TRAINING

24. Management should ensure that new employees are given –
(a) induction training, including information about the
matters referred to in
paragraph 45; and

(b) training needed to supplement previous education, tr
aining and experience.
25. Management shall ensure that young people entering employmen
t for the first
time are in addition given broader initial instruction covering –
(a) a general introduction to their working life, includi
ng the importance of
health and safety precautions; and

(b) basic training in related skills, where appropriate, as w
ell as specific training in
their particular job.

26. Management shall –
(a) ensure that any necessary further education and trai
ning is provided when
there is a significant change in the content or level of the job; and

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(b) encourage employees to take advantage of relevant f
urther education and
training opportunities at all stages of their careers.
PAYMENT SYSTEMS
27. Payment systems vary according to the nature and organisation of
the work, local
conditions and other factors, but the following principles apply general
ly.

28. Payment systems should be –
(a) kept as simple as possible, consistent with their pu
rpose, so that
employees can understand them;

(b) based wherever applicable on some form of work measu
rement under
which payment is linked to performance; and

(c) jointly negotiated where trade unions have negotiating ri
ghts.
29. Differences in remuneration should be related to the require
ments of the job,
which shall wherever possible be assessed in a rational and systematic w
ay in consultation
with the trade unions concerned.
30. Payment systems shall be kept under review to make sure that they
suit current
circumstances and take account of any substantial changes in the organis
ation of work or
the requirements of the job.
STATUS AND SECURITY OF EMPLOYEES
31. As far as is consistent with operational efficiency and success o
f the undertaking,
management should –
(a) provide stable employment, including reasonable job
security for
employees absent through sickness or other causes beyond their control;
and

(b) avoid unnecessary fluctuations in the level of ea
rnings of employees.
32. Differences in the conditions of employment and status of di
fferent categories of
employees and in the facilities available to them shall be based on the
requirements of the
job. The aim should be progressively to reduce and ultimately to remove
differences which
are not so based. Management, employees and trade unions should co-opera
te in working
towards this objective.
REDUCTION OF WORK-FORCE

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33. A policy for dealing with reductions in the work force, if they b
ecome necessary, shall
be worked out in advance so far as practicable and shall form part of th
e 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 employees who are beyond the normal retiring age;
(c)
reductions in overtime;
(d)
short-time working to cover temporary fluctuations in manpower needs; or

(e)
re-training or transfer to other work.
34. Where redundancy becomes necessary, management in consultation, a
s
appropriate, with the appropriate Ministry and with the employees or the
ir trade unions,
shall –
(a) give as much warning as practicable to the employees
concerned and to
the Ministry;

(b) consider introducing schemes for voluntary redundanc
y, retirement,
transfer to other establishments within the undertaking, and a phased ru
ndown of
employment;

(c) establish which employees are to be made redundant and th
e order of
discharge;

(d) offer help to employees in finding other work, in co-oper
ation with the Ministry;
and

(e) decide how and when to make the facts public, ensuring th
at no
announcement is made before the Ministry, employees and their trade unio
ns have
been informed.
WORKING CONDITIONS
35. Management shall, in consultation and co-operation with empl
oyees and their
trade union, aim at improving on the minimum standards of working condit
ions specified in
any other law in force.

36. Management and trade unions shall –
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THE INDUSTRIAL RELATIONS ACT 1973

(a) take all reasonable steps to ensure that employees u
nderstand and
observe all health and safety precautions, whether established by law or
by agreement
and in particular make use of protective equipment; and

(b) maintain regular consultation about matters of h
ealth and safety.

PART IV – COMMUNICATION AND CONSULTATION

GENERAL
37. Management and trade unions shall co-operate in ensuring tha
t effective
communication and consultation take place so as to promote efficiency, u
nderstanding and
the individual employee’s sense of satisfaction and involvement in his j
ob.
38. Communication and consultation are particularly important in
times of change.
The achievement of change is a joint concern of management and employees
and shall be
carried out in a way which pays regard both to the efficiency of the und
ertaking and to the
interests of employees. Major changes in working arrangements shall not
be made by
management without prior discussions with employees or their trade union
s.
39. When changes in management take place, for example, following a m
erger or take-
over, the new managers shall make prompt contact with the trade unions c
oncerned and
take steps to explain changes in policy affecting employees.
COMMUNICATIONS
40. The most important method of communication is through personal co
ntact between
each manager and his immediate work group or individual employees, and b
etween
managers and employee representatives,
41. Personal contact shall when appropriate be supplemented by writte
n information and
may be further supplemented by training and induction lectures or course
s, and special
meetings.
42. Management shall, as far as is reasonably possible, regular
ly provide employees
with information about –
(a) the performance and plans of the establishment in whi
ch they work and, so
far as they affect it, of the whole undertaking; and

(b) changes in Organisation and management affecting
employees.

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43. It is the duty of managers at all levels to those responsible to
them to explain
management policies clearly and to give clear working instructions.
44. Management and trade unions shall co-operate to ensure that
management is
kept informed of the views of employees and of the problems they may fac
e in meeting
management’s objectives.
45. Management and trade unions shall use their best endeavours
and co- operate to
ensure that each employee is adequately informed about –

(a) the main terms and conditions of his employment;

(b) the requirements of his job and to whom he is directl
y responsible;

(c) disciplinary and grievance procedures;

(d) trade union arrangements and his rights of association;

(e) social and welfare facilities;

(f) fire prevention, safety and health rules; and

(g) the conclusions reached through negotiation and consultat
ion.
46.
Trade unions shall –
(i)
ensure that they have the means to communicate effectively with those wh
om
they represent; and
(ii)
recognise that management has a responsibility for communicating directl
y with
its employees.
CONSULTATION
47. Consultation means jointly examining and discussing problems
of concern to both
management and employees. Consultation between management and employees
or their
trade union representatives about operational and other day-to-day matte
rs is necessary in
all establishments, whatever their size. Large establishments shall have
systematic
arrangements for management and trade union representatives to meet regu
larly.
48. Management shall take the initiative in setting up and main
taining consultative
arrangements best suited to the circumstances of the establishment, in c
o-operation with
the trade unions concerned. The arrangements shall not be used to bypass
or discourage
trade unions.
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49. Consultation and negotiation are closely related but distinc
t 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 separ
ate bodies,
systematic communication between those involved in the two processes is
essential.
PART V – COLLECTIVE BARGAINING GENERAL
50. Collective bargaining may like place at various levels, rang
ing from an industry to
a group of employees within an establishment. Negotiation for the same g
roup of
employees may be conducted at different levels about different subjects.

51. 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 a
ssign to each level
the matters which can be realistically settled at that level. Equally, w
hatever the level at
which an agreement is reached, its terms shall be capable of being appli
ed effectively at
the place of work.
BARGAINING UNITS
52. Collective bargaining in an establishment or undertaking is
conducted in relation
to defined groups of employees which can appropriately be covered by one
negotiating
process.
53. A bargaining unit shall cover as wide a group of employees as pra
cticable. Too many
small units make it difficult to ensure that related groups of employees
are treated
consistently. The number of separate units can often be reduced by the f
ormation of a joint
negotiating panel representing a number of unions.
54. The interests of employees 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 inte
rests of
professional or other employees who form a minority group shall be balan
ced against the
need to avoid unduly small bargaining units.
55. Factors which shall be taken into account in defining a bargainin
g unit include –
(a) the nature of the work;
(b) the training, experience and professional or other qu
alifications of the
employees concerned;

(c) the extent to which they have common interests;

(d) the general wishes of the employees concerned;
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THE INDUSTRIAL RELATIONS ACT 1973
(e) the Organisation and location of the work;
(f)
hours, working arrangements and payment systems;
(g)
the matters to be bargained about;
(h)
the need to fit the bargaining unit into the pattern of union and manage
ment
organisation;

(i)
the need to avoid disruption of adequate existing bargaining arrangement
s which
are working well;
(j) whether separate bargaining arrangements are needed
for particular
categories of employees, such as supervisors or employees who represent
management in negotiation.
56. Where proposals are made for establishing or varying a bargaining
unit, the first aim
of management and unions shall be to reach agreement on a voluntary basi
s. Where this
proves impossible, parties shall, jointly or separately, consider –
(a) referring the matter to an employer’s association, o
r to a higher level within
the trade union;

(b) referring the matter to the Commission for exami
nation and advice.
RECOGNITION – GENERAL CONSIDERATION

57. The interests of employees are best served by strong and effectiv
e trade unions.
58. The competition of separate trade unions for the right to negotia
te for the same
grades of employees leads to friction and weakens the trade unions.
59. Recognition agreements applying to an industry and made bet
ween federations
or groups of trade unions and employers shall be concluded whenever appr
opriate.
60. Recognition of a trade union shall not depend upon its havi
ng as members any
given percentage of the grade or grades of employees in question, and li
kewise withdrawal
of recognition shall not necessarily follow from any given fall in the n
umber of such
members.
CLAIMS FOR RECOGNITION

61. A claim for recognition by a trade union shall not be entertained
in so far as that claim
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THE INDUSTRIAL RELATIONS ACT 1973
is founded on the race, caste, community, political opinions, creed or s
ex of the members
of that union.
62. Claims by trade unions for recognition for negotiating purposes s
hall, as far as
possible, be settled voluntarily between the parties.
63. In the case of any claim, management is entitled to know the numb
er, but not the
identities, of the employees covered by the proposed bargaining unit who
are members of
the union making the claim. Where the extent of support cannot be agreed
, it shall be
determined by arrangements agreed between the parties, for example, by a
secret ballot.
64. Where management is not facing conflicting claims by two or more
trade unions,
management shall consider whether the support for the claim among the em
ployees
concerned, whether members of the union or not, is sufficient to enable
the union to be
adequately representative for negotiating purposes. If the union has suf
ficient support,
management shall, unless there are other circumstances which in the view
of management
justify refusal of recognition, recognise that union for negotiating pur
poses. If there is
failure to agree, the parties shall be willing to have the matter consid
ered by the
Commission.
DUAL RECOGNITION
65. In general, it is in the interests of employees and of the indust
ry that any given grade
of employees in an undertaking shall be represented by a single trade un
ion.
66. The fact that conflicting claims are made by trade unions to repr
esent a given grade
of employees is not of itself justification for the employer to refuse t
o recognise any union
for negotiating purposes.
67. Where 2 or more trade unions seek recognition in respect of the s
ame grade of
employees, those unions shall examine the possibilities of an amalgamati
on, or of the
formation of a joint negotiating panel, or of some other appropriate var
iation in the trade
union structure in the industry in question.
68. An employer shall not be required to recognise as representing an
y given grade of
his employees more than one trade union, where the trade unions concerne
d are or shall
be capable of working harmoniously through a joint negotiating panel.
69. Responsibility for avoiding disputes between trade unions ab
out recognition lies
principally with the trade unions themselves. Employers shall not be put
under any
pressure to abandon a position of neutrality where rival claims are conc
erned, and a
position of neutrality must include the honouring of all existing collec
tive bargaining
commitments. The parties shall be willing to refer any differences betwe
en them to the
Commission.
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70. The responsibility of a trade union for the failure of an existin
g joint negotiating panel,
or for the failure of a proposed panel to gain acceptance, shall weigh h
eavily against any
claim by that trade union for individual recognition.
71. Where there is any uncertainty as to the prospect of a joint nego
tiating panel acting
as a single entity and behaving responsibly towards the employer, the fo
rmation of that
panel may be recommended or agreed for a trial period, or for more than
one trial period.
AFTER RECOGNITION
72. Relations between management and trade unions which it reco
gnises for
negotiating purposes shall be based on agreed procedures which provide a
clear set of
rules and a sound basis for resolving conflicts of interest.
73. Management shall agree with recognised trade unions on the p
rovision of
reasonable facilities to enable them to keep in touch with their members
and to represent
them effectively.
74. Management and recognised trade unions shall facilitate and
encourage personal
contact and discussion between managers and officers of the trade unions
at all
appropriate levels. Contact shall not be left until difficulty arises.
WITHDRAWAL OF RECOGNITION

75. The recognition of a new trade union may give rise to the questio
n of the withdrawal
of the recognition of another trade union. Although dual recognition is
undesirable, it does
not follow that the recognition of a new trade union must inevitably res
ult in the withdrawal
of the recognition of the old trade union. If both trade unions are dese
rving of recognition,
the decision shall be influenced, not only by the numerical support curr
ently shown for
each trade union, but by the past history and record and likely future r
ecord of the trade
unions, and particularly by the willingness of each trade union to co-op
erate with the other
and with the employer in resolving the issue, whether by forming a joint
negotiating panel
or otherwise.
76. A trade union claiming to take the place of an existing recognise
d trade union shall
first prove that the latter has failed and is unable adequately to repre
sent the interests of
the grade or grades of employees concerned. The case shall be fully subs
tantiated, and
great weight shall not be attached to faults that could have been remedi
ed by discussion
within the existing trade union in accordance with ordinary trade union
practice.
77. It is in the joint interest of employers and employees that alleg
ations of inadequate
trade union Organisation shall be fully investigated.

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THE INDUSTRIAL RELATIONS ACT 1973
78. Where the failure and inadequacy of an existing recognised trade
union has been
substantiated in accordance with paragraph 76, the next question to be e
xamined is the
adequacy of the organisation of the trade union claiming recognition in
its place. The
claimant trade union shall be required to prove that it is better fitted
, and therefore more
likely to serve the interests of its members, than the existing recognis
ed trade union.
COLLECTIVE AGREEMENTS
79. Collective agreements deal with matters of procedure and mat
ters of substance
which are of joint concern to management and employees. A single agreeme
nt may
contain provisions of both kinds or they may be dealt with in separate a
greements. In either
case, the agreement shall be in writing and there shall be arrangements
for checking that
procedural provisions have not become out of date.
80. Procedural provisions shall lay down the constitution of any
joint negotiating body
or specify the parties to the procedure. They shall also cover –
(a) the matters to be bargained about and the levels at w
hich bargaining shall
take place;

(b) arrangements for negotiating terms and conditions o
f employment and the
circumstances in which either party can give notice of their wish to re-
negotiate them;

(c) facilities for trade union activities in the establi
shment and the appointment,
status and functions of union officers;

(d) procedures for settling collective disputes and ind
ividual grievances and
for dealing with disciplinary matters; and

(e) the constitution and scope of any consultative commit
tees.
81. Substantive provisions settle terms and conditions of employ
ment. They shall
indicate the period for which they are to apply, and cover –
(a) wages and salaries, where appropriate, overtime rate
s, bonuses,
piecework and other systems relating earnings to performance;

(b) hours of work, and, where appropriate, provisions for ove
rtime, and shift
working; and

(c) holiday entitlement and pay.

82. Agreements may also cover such matters as –
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THE INDUSTRIAL RELATIONS ACT 1973
(a) techniques for determining levels of performance and
job grading, for
example, 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 members.

83. There is advantage in agreeing at industry level as much as suita
ble for adoption
over the industry as a whole, including –

(a) terms and conditions of employment suitable for g
eneral application;
(b) general guide-lines for negotiating at a lower leve
l matters which cannot be
decided satisfactorily at industry level; and

(c) a procedure for settling disputes, either for the ind
ustry as a whole or as a
model for individual undertakings to adopt by agreement.
84. To maintain fair and stable pay structures, an agreement reached
at the level of the
establishment or undertaking shall define –
(a) how and within what limits any negotiations at a low
er level shall be
conducted, and

(b) how it relates to any relevant industry-wide agre
ement.
DISCLOSURE OF INFORMATION
85. Collective bargaining can be conducted responsibly only if m
anagement and trade
unions of employees have adequate information on the matters being negot
iated.
86. Management shall endeavour to meet all reasonable requests f
rom trade unions
of employees for information which is relevant to the negotiations in ha
nd. In particular, it
shall, in the most convenient form, make available, the information whic
h is supplied to
shareholders or published in annual reports.
PART VI – EMPLOYEE REPRESENTATION AT THE PLACE OF WORK
87. Employees need work-place representatives to put forward th
eir collective views
to management and to safeguard their interests. It is also an advantage
for management to
deal with representatives who can speak for their fellow employees.
88. A work-place representative is the representative of the members
of his trade union
in the place of work, but the trade union of which he is an officer is r
esponsible for his
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actions as its officer. Accordingly, trade unions shall clearly define t
he powers and duties of
work-place representatives, and the circumstances and manner in which th
ey can be
removed from office.

89. Trade unions and management shall seek agreement on – (a)
the number of work-place representatives needed in the establishment; an
d
(b)
the work groups for which each representative is responsible.
90. To encourage trade union members to vote in elections of represen
tatives,
management shall offer the trade unions facilities to conduct elections
in the establishment
and to publicise the dates and details.
91. Trade unions shall notify management promptly in writing when off
icials are
appointed and when changes are made.

92. Trade unions shall –
(a) give each work-place representative written credent
ials setting out his
powers and duties within the trade union, the work group he represents a
nd 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
and of
management.
93. Where more than one trade union is recognised but each trade unio
n has only a
small number of members, the trade unions shall seek to, agree on the el
ection of one
representative to represent all their members in the establishment.
94. Where there are a number of senior representatives of different t
rade unions which
negotiate jointly, the trade unions shall seek to agree on the election
of one of them to co-
ordinate their activities in the establishment.
95. In each of these cases trade unions shall seek agreement with man
agement on the
coordinating functions of the representative concerned.
96. The facilities needed by work-place representatives will depend o
n their functions.
The nature and extent of these facilities shall be agreed between trade
unions and
management. As a minimum, they shall be given –
(a) time off from the job to the extent reasonably requi
red for their relations
functions, permission not being unreasonably withheld, and
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(b) maintenance of earnings while carrying out those
functions.
97. Management shall also make available other facilities approp
riate to the
circumstances. They may include –

(a) lists of new employees;
(b) accommodation for meetings with the employees whom
they represent,
with other representatives and with officers;

(c) access to a telephone and the provision of notic
e boards; and
(d) the use of office facilities where the volume of the
representative’s work
justifies it.
98. Each trade union shall ensure that its own representatives are ad
equately informed
about its policies and organisation and about the agreements to which it
is a party.
Management shall ensure that the representatives are adequately informed
about its
objectives and employment policies.
PART VII – GRIEVANCE AND DISPUTES PROCEDURES

GENERAL

99. All employees have a right to seek redress for grievances relatin
g to their
employment. Each employee must be told how he can do so.
100. Management shall establish, with the trade unions of employ
ees concerned,
arrangements under which individual employees can raise grievances and h
ave them
settled fairly and promptly. There shall be a formal procedure, except i
n very small
establishments where there is close personal contact between the employe
r and his
employees.
101. Where trade unions are recognised, management shall establish with
them a
procedure for settling collective disputes.
102. Individual grievances and collective disputes are often dealt with
through the same
procedure. Where there are separate procedures they shall be linked so t
hat an issue can,
if necessary, pass from one to the other, since a grievance may develop
into a dispute.
INDIVIDUAL GRIEVANCE PROCEDURE
103. The aim of the procedure shall be to settle the grievance fairly a
nd as near as
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possible to the point of origin. It shall be simple and rapid in operati
on.

104. The procedure shall be in writing and provide that –
(a) the grievance shall normally be discussed first betwe
en the employee and
his immediate superior;

(b) the employee shall be accompanied at the next stage o
f discussion with
management by his work-place representative if he so wishes;

(c) there shall be a right of appeal.
COLLECTIVE DISPUTES PROCEDURES

105. Disputes are broadly of two kinds –
(a) disputes of right (i.e. as to legal rights), which
relate to the application of
existing collective agreements or contracts of employment; and

(b) disputes of interest (i.e. economic disputes), wh
ich relate to claims by
employees or proposals by management about terms and conditions of emplo
yment.

106. A procedure for settling collective disputes shall be in writing an
d shall –

(a) state the level at which an issue shall first be raised;

(b) lay down time limits for each stage of the procedure, wit
h provision for
extension by agreement; and

(c) preclude a strike, lock-out, or other form of indus
trial action until all stages
of the procedure have been completed and a failure-to-agree formally rec
orded.

107. The procedure shall have the following stages –
(a) work-place representatives shall raise the issue in dispu
te with management at
the level directly concerned;

(b) failing settlement, it shall be referred to a higher leve
l within the establishment;
and

(c) where still unsettled, it shall be referred to furt
her agreed stages, for
example, to a stage of an industry-wide procedure, or to a higher level
within the
undertaking.

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THE INDUSTRIAL RELATIONS ACT 1973
108. The procedure shall include agreement to make use of the independe
nt conciliation
service provided by the Commission, and of the independent arbitration s
ervice provided
by the Tribunal, and to take claims to the Court, as appropriate before
considering resort to
any industrial action.
PART VIII – DISCIPLINARY PROCEDURES
109. Management shall ensure that fair and effective arrangements exist
for dealing with
disciplinary matters. These shall be agreed with the trade unions concer
ned and shall
provide for full and speedy consideration by management of all the relev
ant facts. There
shall be a formal procedure except in very small establishments where th
ere is close
personal contact between the employer and his employees.

110. Management shall make known to each employee –

(a) its disciplinary rules and the agreed procedure; and

(b) the type of circumstances which can lead to suspension or
dismissal.

111. The procedure shall be in writing and shall –
(a)
specify who has the authority to take various forms of disciplinary acti
on, and
ensure that supervisors do not have the power to dismiss without referen
ce to more
senior management;
(b)
give the employee the opportunity to state his case and the right to be
accompanied by an officer of his trade union;
(c)
provide for a right to appeal, wherever practicable, to a level of manag
ement not
previously involved; and
(d)
provide for independent arbitration if the parties to the procedure wish
it.
112. Where there has been misconduct, the disciplinary action to be take
n will depend on
the circumstances, including the nature of the misconduct. But normally
the procedure
shall operate as follows –
(a) the first step shall be an oral warning or, in the ca
se of more serious
misconduct, a written warning setting out the circumstances;

(b) no employee shall be dismissed for a first breach of
discipline except in the
case of gross misconduct;

(c) action on any further misconduct, for example, final
warning, suspension
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without pay or dismissal, shall be recorded in writing;

(d) details of any disciplinary action shall be given i
n writing to the employees
and, if he so wishes, to his work-place representative; and

(e) no disciplinary action shall be taken against a work-
place representative
until the circumstances of the case have been discussed with a full-time
official of the
trade union concerned.

Related documents:
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