Section 19, The Employment Act, 2023

(1) There shall be implied in every contract for the supplyof goods or services to government departments, public, private institutions or local government authorities a “fair terms and conditions of employment” clause. (2) A “fair terms and conditions of employment” clause under subsection (1) shall imply that a supplier of goods or services to a government department, public or private institution or local government authority undertakes to - (a) recognise and respect the freedom of the workers of the suppliers to belong to trade unions of their choice; (b) ensure that the workers of the suppliers enjoy terms and conditions of employment that are not less favourable than those established for work of the same character in that trade or industry in the place where the work is carried out, regulated by- (i) collective bargaining agreement or other recognised machinery of negotiation between employers and trade union representatives or between substantial proportions of the employers and workers in that trade or industry; or (ii) conciliation award or a government wages order. (c) where the conditions of labour are not regulated in the manner referred to in paragraph (b) in the area where the work is carried on, ensure that workers of its suppliers enjoy terms and conditions of employment not less favourable than- (i) those established by collective agreement or other recognised mechanism of negotiation including, conciliation award or government wages order, for work of the same character in that trade or industry in the nearest locality or area; or (ii) the general level observed in the trade or industry in which the suppliers are engaged, by employers whose general circumstances are similar. (3) A complaint may be made to the High Court by a trade union or an employers’ organisation alleging a breach of subsection (2) and the High Court may order the supplier to pay to the workers concerned such sum or sums by way of compensation as it deems just and equitable in all the circumstances. PART IV – BASIC EMPLOYMENT OBLIGATIONS