Section 12, The Employment Act, 2023

(1) A worker may form or join a trade union of his choicefor the promotion and protection of his economic and social interests or withdraw his membership from such trade union and in particular, a worker may - (a) take part in the formation of a trade union; (b) be a member of a trade union and take part in lawful activities of a trade union; 12 13 Annual report. Directorates, departments, etc. Labour officials. Other staff. Right to form or join trade union. (c) hold office in a trade union; (d) take part in a trade union election; (e) be elected an officer of a trade union; (f) exercise a right conferred by this Act or any other law relating to labour and employment or assist another worker or trade union to exercise such rights. (2) An employer, employers’ organisation or a person acting on behalf of an employer or employers’ organisation, shall not, with respect to a worker or a person seeking employment- (a) require him not join a trade union or to relinquish his trade union membership; (b) take prejudicial action, including termination or dismissal, against a worker or other person by reason of his trade union membership or participation in legitimate trade union activities; (c) otherwise discriminate against a worker because of his exercise or anticipated exercise of a right conferred by this Act; (d) threaten a worker that he will suffer disadvantage from exercising a right conferred by this Act; (e) promise a worker a benefit or advantage for not exercising a right conferred by this Act; (f) restrain or seek to restrain a worker, by a contract of employment or otherwise, from exercising a right conferred by this Act and a contractual term which purports to exert such restraint shall be null and void; (g) impose a discipline or disadvantage upon a worker, who is lawfully on strike or locked out, for refusing to do work normally done by that worker, unless such work must be done to prevent an actual danger to life, health or safety. (3) Nothing in this section shall be interpreted as preventing an employer from terminating or otherwise disciplining a worker for just cause, in accordance with this Act. (4) An employer or employer’s organisation that seeks, by any kind of threat to intimidate a worker during negotiations of a collective agreement is guilty of unfair labour practice and is liable on conviction to a fine not less than 15 months national minimum (5) An employer or employer’s organisation that discriminates, intimidates, or harasses a worker with respect to the employment or conditions of employment because the worker is a member or an officer of a trade union or on account of race, religion, gender, religious dress code, HIV, AIDS, political opinion, region, marriage, age, disability condition or ethnicity commits an offence and is liable on conviction to a fine of not less than 17 months national minimum wage and shall take appropriate steps to ensure there is a remedy to such action and prevent a reoccurrence. (6) An employer or employer’s organisation that seeks by – (a) intimidation or harassment; (b) threat of termination or dismissal; (c) imposition of a penalty; (d) giving or offering to give a wage increase or any other favourable alteration of terms of employment; or 14 15 No. 15 The Employment Act 2023No. 15 The Employment Act 202316 17 (e) any other means, to induce a worker to refrain from becoming or continuing to be a member or officer of a trade union commits unfair labour practice and is liable on conviction to a fine not less than 16 months national minimum wage and shall take appropriate steps to ensure there is a remedy to such action and prevent a reoccurrence.