Section 40: Access to workplace

40. Access to workplace (1) Subject to prior notice and authorisation as to the time, place and purpose of his visit, any officer or negotiator of a recognised trade union, or joint negotiating panel in an enterprise, shall be entitled to enter the employer’s premises to— (a) participate in collective bargaining or otherwise serve members’ interests; (b) deal with matters concerning the health and safety of workers; (c) monitor compliance with a collective agreement; (d) communicate, hold meetings and discuss trade union business. (2) The activities under subsection (1) shall be subject to necessary safeguards for the preservation of life and property and prevention of disruption of work. (3) An officer or a negotiator referred to in subsection (1) shall, before entering the workplace— (a) disclose the purpose of his entry; and (b) produce evidence of his authority to represent the trade union. E9A – 26 (1) [Issue 5] Employment Relations Act (4) Subject to prior notice as to the time and purpose of his visit, any officer or negotiator of a registered trade union may enter a workplace to represent a worker who is a member of the trade union in respect of his legal rights. (5) A trade union may apply to the Tribunal for an order where its officer or negotiator has been unreasonably denied entry to a workplace by an employer or his representative. (6) An application made under subsection (5) shall be determined within 30 days of the receipt of the application. continued on page E9A – 27 [Issue 5] E9A – 26 (2) Revised Laws of Mauritius (7) Where the Tribunal is satisfied that an employer or his representative has unreasonably denied entry referred to in subsection (5), it may order that such entry be granted, subject to such conditions as it may impose. (8) An employer shall comply with an order of the Tribunal under subsection (7) within 7 days from the date of the order.