Law library · Sierra Leone · The Industrial Relations and Trade Union Act, 2024
Section 1: In this Act unless the context otherwise requires -
Status not yet checkedThe Industrial Relations and Trade Union Act, 2024, Sierra Leone
"assessor" means an official appointed to assist a
Judge in the Industrial Court;
"authorised officer" means the Commissioner of
Labour and Employment or any other officer acting
on his behalf and appointed by the Public Service
Commission to give effect of this Act;
"award" means a judgment or decision by the Court;
"business" means any trade, undertaking, operation
and establishment, whether corporate, public or
private;
"check-off" means the system of deducting union dues
from the wages or salary of an employee by an
employer;
"Commissioner " means the Commissioner of Labour
appointed by the Public Service Commission under
section 4;
"compensation" means compensation as provided for
by this Act;
"Congress" means the Sierra Leone Labour Congress
being the most representative organisation of
employees;
"contract of employment or service" means a contract
or agreement containing the conditions and terms
of employment or service, whether written or oral,
whether expressed or implied, individually or
collectively, for a definite or indefinite period,
whereby an employee agrees in return for wages or
other remunerations to work for an employer,
employing organisation, institution or business
establishment,including a contract of apprenticeship,
in the public or private sector;
"Court" means the High Court;
"dispute" includes differences concerning employment
contracts between an employer and an employee
arising from terms and conditions of service of
employees;
"earnings" include wages and allowances paid to an
employee by an employer and the value of food, fuel
accommodation, overtime payment or other special
remuneration or benefit in kind;
"employer" means any person or group of persons
including a government, any firm, corporation or
company, a public or local authority, a partnership
or business, or any other entity whatsoever for whom
one or more employees work or have worked or
normally work under a contract of employment and
includes any person, heirs, successors or assignees,
or any firm, corporation, company, authority or body
who is placed in authority over all other employees
employed by such person or group of persons, firm,
company, corporation, or authority;
"employers' organisation" means an organisation of
employers that has among its principal objects the
regulation of collective relations between employers
and employees;
"employment and occupation" include access to
vocational training, access to employment and to
particular occupations and terms and conditions of
employment;
"environment" means a working environment or
premises in which work is done by an employee;
"Federation" includes the Sierra Leone Employers'
Federation ;
"health" in relation to work means not merely the
absence of disease or infirmity but it also includes
the physical and mental elements affecting health
which are directly related to safety and hygiene at
work;
"industrial action" means a temporary show of
dissatisfaction by employees by a concerted
withdrawal of labour or restriction upon the
availability or quantity of labour on the part of
employees, strike, slowdown or working to rule in
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Interpretation.
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order to protest against bad working conditions or
low pay and to increase bargaining power with the
employer and to force the employer to improve them
by reducing productivity in a workplace, usually
organised by trade unions or other organised labour;
"industrial court" means a division of the High Court
designated to adjudicate disputes between
employers and employees over employment rights
and industrial disputes;
"Industrial Disputes" means any controversy or
difference arising from disagreement between an
employee or trade union and employers(s)
concerning terms and conditions of service or
employment;
"Industrial Relations" means all types of relations
between employers and employees, be they at
national, regional or company level and to all
dealings with social and economic issues such as
wage setting, working time and any other issues
arising out of terms and conditions of service;
"Joint Consultative Committee" means an advisory
committee on labour matters referred to in section
12;
"Joint National Negotiating Board" means the Joint
National Negotiating Board for employees referred
to in section 14;
"Judicial and Legal Services Commission" means a
body established under section 140 of the
Constitution of Sierra Leone, 1991 (Act No. 6 of 1991)
with a mandate to advise the Chief Justice in the
performance of his administrative functions and to
regulate the activities of members of the Judiciary;
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"Labour Official" means an officer appointed by the
Public Service Commission in whom the
Commissioner may delegate his functions and
powers generally or in part for the effective and
efficient performance of his functions under this Act;
"lock-out" means a total or partial closing of a place of
employment or the suspension of work by one or
more employers, or the refusal by an employer to
employ a number of persons employed by him in
consequence of a dispute, done with a view to
compelling those persons to accept terms and
conditions affecting the employment, but does not
include the closing of a place of employment for the
protection of property or persons therein;
"Minister" means the Minister responsible for labour
and ministry shall be construed accordingly;
"national minimum wage" means the existing national
minimum wage fixed by the Joint National
Negotiating Board;
"person" means a person or group of persons,
company, firm, corporation or any other kind of body
including their agents;
"Public Service Commission" means a body
established under sub-section (1) of section 151 of
the Constitution of Sierra Leone, 1991 (Act No.6 of
1991);
"registered organisations" means registered trade
unions and employers' organisationsunder thisAct;
"Registrar" means the Registrar of trade unions and
employers' organisations;
"representative of employers and employees" mean a
person who have been designated and eligible for
appointment to theJoint ConsultativeCommitteeby
the Federation and the Congress respectively;
"strike" means thecessation of work or refusal to work
organised by a body of employees as a form of
protest, typically in an attempt to gain concession
or concessions from their employer;
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"supervisor" means an employee having authority, in
a workplace, to recommend the hire, transfer,
suspension, layoff, recall, promotion, discharge,
reward of discipline of other employees or to
recommend such action;
"trade dispute" means a disagreement or difference
between employers and employees connected with
the employment or the terms of employment or with
the conditions of labour of an employee, and includes
a dispute connected with to any of the following-
(a) terms and conditions of employment
including remuneration for employment;
(b) the engagement of an employee;
(c) the times at which, or the conditions under
which any work is, or is not performed;
(d) the demotion, suspension or imposition of
any other penalty or discipline of an
employee;
(e) the termination of any agreement by which
work is to be performed;
(f) the grievance or complaint of an employee in
respect of his employment;
(g) the machinery for negotiating matters
specified in paragraphs (a) to (f) or for the
settlement of a grievance or dispute relating
to an employee or other work-related dispute.
"Trade Group Council" means a Trade Group
Negotiating Council established under section 27;
"trade union" means an organisation of employees
that has among its principal objects the regulation
of collective relations between employees and
employers;
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"wage" means remuneration or earnings, however
designated or calculated, capable of being expressed
in terms of money and fixed by mutual agreement or
by laws, which is payable by virtue of a written or
unwritten contract of employment by an employer
to an employee for work done or to be done or for
services rendered or to be rendered;
"week" means a period of 5 working days;
"workplace" means a place where employees need to
be or to go by reason of their work and which are
under the direct or indirect control of their employer;
"employee" means a person who has entered into or
works under a contract of employment or other
contract with an employer, whether the contract is
of manual labour, clerical work or otherwise,
expressed or implied and whether it is a contract of
service or a contract concerning learning or a contract
personally to execute work or labour and includes
an outworker.
PART II:-ADMINISTRATION AND JURISDICTION
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