This Act comprising 128 Articles organized into XV Parts aims to advance social justice and democracy in the workplace by (i) giving effect to the fundamental rights of employees provided for under Part II; (ii) providing a legal framework within which employees and employers can bargain collectively for the improvement of conditions of employment; (iii) promoting fair labor standards; (iv) promoting participation by employees in decisions affecting their interests in the workplace; (v) securing the just, effective and expeditious resolution of disputes and unfair labor practices.
Part II deals with the fundamental rights of employees, particular Article 4 outlines the rights of employees concerning trade unions and workers' committees. It grants employees the right to be a member or officer of a trade union, engage in lawful union activities, participate in union formation, and have similar rights in relation to workers' committees. While Article 4A states that no person shall be required to perform forced labour and specifies what is and is not included in this expression. Article 5 addresses protection against discrimination in employment, based on various factors like race, gender, and disability, and outlines remedies for violations. It also specifies exceptions, such as cases where distinctions are based on operational requirements or the pursuit of lawful objectives by certain organizations. Article 6 protects employees' rights to fair labor standards and prohibits employers from paying lower wages, demanding excessive working hours, or providing substandard conditions. Article 7 safeguards employees' democratic rights in the workplace and prohibits hindering employees from forming workers' committees, threatening reprisals, and ensures access for labor officers or trade union representatives to support and advise employees.
Part IV focuses on general conditions of employment and in particular employment of young persons, duration, particulars and termination of employment contract, remunerations, dismissal, retrenchments, wages and benefits upon termination of employment, lives for differt reasons, weekly rest and remuneration for work during public holidays, death of employer, and rights of employees on transfer of undertaking. Part VI deals with the workers Committees, which can be formed by the employees to represent their interests at the workplace. The composition and procedures of these committees are determined by the employees, but if a trade union represents over 50% of the employees, all committee members must belong to that union. Employees have the right to assistance and communication facilities during committee formation. Workers committees have the authority to represent employees in matters affecting their rights, negotiate collective bargaining agreements, recommend collective job actions, and elect members to represent employees on works councils. Part VIII outlines the topic of the employment councils that can be formed either voluntarily or upon the Minister's request. Voluntary councils require agreement between employers and trade unions, while statutory councils are formed by the Minister if parties fail to register within three months. Council constitutions must outline their objectives, member appointment procedures, leadership roles, finances, record-keeping, dispute resolution, and other relevant matters. Part X is on the collective Bargaining Agreements negotiated by Trade Unions and employers Organizations. They cover various employment conditions and benefits, including remuneration, deductions, working hours, dispute resolution, safety, and more. Such agreements can be renegotiated after a year to address changing circumstances, must align with the law, and allow for better terms without diminishing employees' rights or interests. Article 101 establishes that the employment councils or works councils can apply to register an employment code of conduct, which defines disciplinary rules, procedures for breaches, penalties, responsible authorities, and the right to be heard. Additionally, the Minister can publish a model employment code, which councils can adopt with appropriate modifications.