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Labour Amendment Act, 2023.

Country
Type of law
Legislation
Source

Abstract
This Act amends the original Labour Act in different parts, the main ones are (i) the insertion of gender-based violence and harassment and violence and harassment among the definitions; (ii) the redefinition of "forced labor" specifying situations where it does not apply, including military service, civic obligations, work as a consequence of a conviction, work in emergencies, minor communal services, and labor while lawfully detained; (iii) inclusion in Article 6 of the protections against violence and harassment at the workplace, specifying various situations where such behavior is prohibited. Additionally, an employee found, after a due inquiry by the employer, to have engaged in such acts may be dismissed; (iv) stricter penalties for the employment of youths; (v) substitution of Article 12 on Retrenchment and compensation for loss of employment on retrenchment. The new article outlines terms and procedures related to retrenchment, including minimum and enhanced retrenchment packages, notification requirements, and dispute resolution through the Retrenchment Board and Labour Court; (vi) a new section, 18A, is added regarding contracts for hourly works including rules for this kind of contract; (vii) replacement of Article 56 allowing the formation of employment councils by employers, employer organizations, trade unions, and their federations, governed by the Act as statutory employment councils. It outlines voting allocation based on membership size and provides mechanisms for dispute resolution and the inclusion of observer status for certain organizations; (viii) replacement of Article 93 with a new article outlining the powers and responsibilities of labor officers in handling labor disputes and unfair labor practices, emphasizing conciliation and arbitration processes.
Date of text
Repealed
No
Source language

English

Legislation Amendment
No
Amends