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

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