Laws of Malawi

LABOUR RELATIONS: SUBSIDIARY LEGISLATION

Muli bwanji!Lilongwe

LABOUR RELATIONS: SUBSIDIARY LEGISLATION

LABOUR RELATIONS REGULATIONS

under s. 78

G.N. 57/1998

1.    Citation

    These Regulations may be cited as the Labour Relations Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    “conciliator” means the Principal Secretary or any person authorized by him.

3.    Application for registration

    (1) An application by an unregistered trade union for registration under section 11 (2) shall be in Form A.

    (2) A certificate of registration of a trade union shall be in Form B.

    (3) An application by an unregistered employers’ organization under section 11 (2) shall be in Form C.

    (4) A certificate of registration of an employers’ organization shall be in Form D.

4.    Proof of compliance

    (1) The proof of compliance required, under section 11 (10), to be submitted by a trade union shall be in Form E.

    (2) The proof of compliance required, under section 11 (10), to be submitted by an employers’ organization shall be in Form F.

5.    Certificate regarding alteration of rules

    (1) A certificate by the Registrar stating that the alteration of rules by a registered trade union has been registered shall be in Form G.

    (2) A certificate by the Registrar stating that the alteration of rules by a registered employers’ organization has been registered shall be in Form H.

6.    Statement of compliance regarding change of name

    Statement by an official of an organization certifying that there has been compliance with the rules of the organization governing change of name under which it is registered shall be in Form I.

7.    Statement of compliance regarding amalgamation

    A statement, by an official of each organization that has amalgamated with one or more organizations, certifying that there has been compliance with the rules of the organizations governing amalgamation shall be in Form J.

8.    Application for establishment of an industrial council

    (1) An application by a trade union requesting the Minister, under section 26 (4), to establish an industrial council shall be in Form K.

    (2) An application by an employers’ organization requesting the Minister, under section 26 (5), to establish an industrial council shall be in Form L.

9.    Application for exemption

    (1) An application by a trade union to the Minister for an exemption from participating in a bargaining council on behalf of some or all of its members shall be in Form M.

    (2) An application by an employer’s organization to the Minister for an exemption from participating in a bargaining council on behalf of some or all of its members shall be in Form N.

10.    Notice of strike or lockout

    (1) A notice by a party to a dispute intending to strike shall be in Form O.

    (2) A notice of a party to a dispute intending to lockout shall be in Form P.

11.    Meetings of industrial council

    (1) A written notice specifying the date, place and time of and the business to be discussed at a meeting of an industrial council shall be sent by the council so as to reach representatives of parties to the council and the Registrar not less than 7 days before the meeting.

    (2) The quorum for a meeting of an industrial council shall be half of the total number of representatives of the parties to the council and half of whom shall be workers’ and employers’ representatives.

    (3) Whenever an industrial council has by reason of a lack of quorum at any meeting been unable to transact business, notice in writing shall be sent by hand or post by the council to each representative of the parties to the council specifying the date on which and the place and time at which the meeting shall be reconvened.

    (4) Two copies of the draft minutes of each meeting of an industrial council shall be sent to the Registrar not more than 7 days after the meeting and two copies of the confirmed minutes shall be sent to the Registrar not more than 14 days after the meeting.

12.    Conciliation by the Principal Secretary

    (1) When a dispute has been referred to the Principal Secretary for conciliation under the Act, the Principal Secretary or any person authorized by him shall appoint a conciliator to attempt to resolve the dispute by conciliation within 21 days of the referral of such dispute.

    (2) In endeavouring to conciliate the parties, the conciliator shall determine the process to be followed and the process may include—

    (a)    mediating the dispute;

    (b)    conducting a fact-finding exercise; and

    (c)    making a non-binding recommendation to the parties as to how the dispute may be settled.

    (3) In conciliation proceedings, a party may appear—

    (a)    if the party is a natural person, in person, or by—

        (i)    a co-employee; or

        (ii)    a member, an office bearer or official of the party’s trade union or employers’ organization; and

    (b)    if the…

Members-only content

Continue reading this exclusive content by subscribing to one of our membership plans.

Subscribe NowAlready a Member? Log In