Section 91: Reference to Board
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.
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(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”;
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(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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Questions this section answers
- How often must the Board review workers' wages?
- How long does the Board have to make wage recommendations once the Minister refers a matter to it?