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Section 91: Reference to Board

Employment Relations Act

This section is inserted by Act No 21 of 2019, section 28.

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

91. Reference to Board (1) The Board shall – (a) at the request of the Minister, make recommendations on wages of workers on an occupational basis; and (b) make recommendations for the review of the wages every 5 years. (2) Where the Minister considers that there is no mechanism for the regulation of conditions of employment in an industry or a sector of activity, by collective agreements or otherwise, the Minister may refer the matter to the Board. (3) Without prejudice to subsection (2), the Minister may, on request made by a joint consultative or negotiating body composed of representatives of a substantial number of workers and of employers in an industry not covered by a collective agreement, refer any matter concerning conditions of employment related to that industry to the Board. (4) The Board shall, upon a reference under subsection (2) or (3), submit its recommendations to the Minister not later than 180 days after the date of referral. 824 Acts 2019 (5) The Board may, with the approval of the Minister, extend, where the circumstances so require, the period specified in subsection (4). (6) In this section – “worker” has the same meaning as in the Workers’ Rights Act 2019. (g) in section 93 – (i) by deleting the heading and replacing it by the following heading – Remuneration Regulations or Wages Regulations (ii) by inserting, after subsection (2), the following new subsection – (2A) Where, under subsection (1)(b) or (2)(b), the Minister rejects a recommendation and makes no regulations or, makes such other regulations as he thinks fit, he shall lay a report in the National Assembly containing a statement of the reasons for his decision. (h) in section 94, by inserting, after the words “Remuneration Regulations”, wherever they appear, the words “or Wages Regulations”; (i) in section 95 – (i) in the heading, by deleting the words “Remuneration Regulations” and replacing them by the words “Remuneration Regulations or Wages Regulations”; (ii) in subsections (1) and (1A), by inserting, after the words “Remuneration Regulations”, the words “or Wages Regulations”; (iii) in subsection (2), by deleting the words “Remuneration Regulation” and replacing them by the words “Remuneration Regulations or Wages Regulations”; Acts 2019 825 (iv) in subsections (5) and (6), by inserting, after the words “Remuneration Regulations”, the words “or Wages Regulations”; (j) by adding the following new Sub-part – Sub-Part F – National Tripartite Council

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