union shall enter into collective bargaining for the purpose of concluding
and signing a collective agreement.
“Collective agreement is defined in the Act as an agreement negotiated b an
appropriate bargaining unit in which the terms and conditions affecting the
employment and remunerations of employees are laid down”.
Employment Act
363.
Section 13 of the Employment (Amendment) Act No. 15 of 1997 places
restrictions on an employer from casually terminating the services of an
employee. The amendment introduces Section 26A and 26B which read
as follows:
“An employer shall not terminate the service of an employee on grounds related
to the conduct of performance of an employee without affording the employee
an opportunity to be heard on the charges laid against him.
The contract of service of an employee shall be deemed to have been terminated
by reason of redundancy if the termination is wholly or in part due toa)
The employer ceasing or intending to cease to carry on the business by
virtue of which the employee was engaged; or
b)
The business ceasing or reducing the requirement for the employees to
carry out work of a particular kind in the place where the employee was engaged
and the business remains a viable going concern.”
364.
Section 15B (1) of the Employment Act, Chapter 268 further provides
protection against arbitrary termination of employment of female
employees as follows:
“An employer shall not terminate the services of a female employee or impose
any other penalty or disadvantage upon such employee for reasons connected
with such employee’s pregnancy … In the absence of proof to the contrary an
employer shall be deemed to have acted in contravention of subsection (1) if he
terminates the contract of service or imposes any other penalty or disadvantage
upon a female employee within six months after delivery. Any employer who
contravenes the provision shall be guilty of an offence.”
143