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This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
ARRANGEMENT OF SECTIONS 3
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
ARRANGEMENT OF SECTIONS 3
ARRANGEMENT OF SECTIONS
PART I
Preliminary
1. Short title.
2. Interpretation.
3. Exemptions.
PART II
Freedom of Association
10. Federations.
PART III
PART IV
28. Procedure where two or more trade unions apply for certification,
etc., or where employer refuses recognition.
PART VI
PART VII
Miscellaneous Provisions
45. Regulations.
46. Commencement.
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FIRST SCHEDULE
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SECOND SCHEDULE
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PART I
Preliminary
1. This Act may be cited as the Trade Unions and Employers’ Organisations Short title.
(Registration, Recognition and Status) Act.
“Minister” means the Minister for the time being to whom the subject of labour
CAP. 4. is assigned by the Governor-General pursuant to section 41 of the Belize
Constitution;
Exemptions. 3. This Act shall not apply to members of the Belize Defence Force,
Belize Police Department, Belize Prison Service and the Belize Fire
Department.
Freedom of Association
4.-(1) Subject to section 13 of the Belize Constitution, every employee shall Basic rights of
have and be entitled to enjoy the basic rights specified in subsection (2). the employee.
CAP. 4.
(2) The basic rights referred to in subsection (1) are:
(3) Any contractual provision made pursuant to subsection (2) (f) shall
be void, whether it was made before or after the commencement of this Act.
7.-(1) Subject to section 13 of the Belize Constitution, every employer shall Basic rights of
have and be entitled to enjoy the basic rights specified in subsection (2). the employer.
CAP. 4.
(2) The basic rights referred to in subsection (1) are:
or federation;
Membership of 8. No person shall use or seek to use any threat or intimidation, directly
trade unions or or indirectly, to compel, coerce or duress any other person to join or not to
employers’ join, to be a member or not to be a member, to support or not to support,
organisations to financially or otherwise, any trade union or employers organisation or any
be voluntary. federation associated therewith.
Membership of 9.-(1) Every employee who is eligible for membership in a trade union or
trade unions and federation of trade unions as provided in the Constitution of the trade union or
employers’ federation of trade unions shall have and be entitled to membership of the
organisations; trade union or federation of trade unions; provided that he complies at all
basic guiding times with all the other Rules as to payment of membership fees or otherwise
principles. as may from time to time apply to the trade union or federation of trade unions.
10. Trade unions or employers’ organisations may form, participate in, be Federations.
affiliated to, contribute to, or join any national or international federation of
trade unions or employers’ organisations or associations.
11.-(1) Any person who considers that any right conferred upon him under this Remedies for
Part has been infringed may apply to the Supreme Court for redress. contraventions
of this Part.
(2) Where a complaint made under subsection (1) alleges that an
employer or an employers organisation, association or federation has
contravened any of the provisions of subsection (2) of section 5, the employer,
employers’ organisation, association or federation shall have the burden of
proving that the act complained of does not amount to a contra-vention of any
of the provisions of subsection (2) of section 5 which is the basis of the complaint.
(3) Where the Supreme Court finds that an employee was dismissed
in contravention of subsection (2) of section 5, it may make an order directing
the reinstatement of the employee, unless the reinstatement of the employee
seems to that Court not to be reasonably practicable, and may further make
such other orders as it may deem just and equitable, taking into account the
circumstances of the case.
PART III
14.-(1) The Constitution of every trade union or employers’ organisation shall Constitution of
include the information contained in First Schedule hereto. trade unions or
employers’
(2) Subject to subsection (1), a trade union or an employers’ organisations.
First Schedule.
organisation may amend or repeal and replace its Constitution in accordance
with the procedure set out in its Constitution.
(3) Any amendments to, or repeal and replacement of, the Constitution
pursuant to subsection (2) shall be submitted to the Registrar who shall, if satisfied
that the amendments or the new Constitution, as the case may be, comply with
the requirements of section 13, issue to the trade union or employers’
organisation a certificate to the effect that the amended Constitution or the
new Constitution complies with section 13, and the amendments or the new
Constitution shall have effect from the date of the issuance of such certificate.
(4) Any amendments made under subsection (2) may include a change
of the name of the trade union or employers’ organisation.
Annual returns. 15.-(1) Every trade union or employers’ organisation shall submit to the
Registrar, by the 30th day of June in each year, a return which shall include:
(b) the names and addresses of all the officers of the trade
union or employers’ organisation;
(c) the total number of the fully paid-up members of the trade
union or employers’ organisation;
(2) The Registrar shall after first giving due warning to comply, suspend
or cancel the certificate of registration of any trade union or employers’
organisation which fails to comply with subsection (1).
(3) Subsection (2) shall not be read and construed as exempting from
liability any trade union or employers’ organisation, or any officer, representative
or member thereof, from any contractual liability for goods, services and
obligations incurred by the trade union or employers’ organisation in the course
of its operations.
17. Subject to the provisions of this Act, one trade union or employers’ Amalgamation of
organisation may amalgamate with another trade union or employers’ trade unions, etc.
organisation and the new trade union or employers’ organisation formed
therefrom shall assume all the rights, benefits and advantages, and be liable to
all the duties and obligations of its predecessor organisations, unless the Supreme
Court on good cause shown upon the application of an interested person orders
otherwise.
18.-(1) Without prejudice to the powers conferred upon him by subsection (2) Defunct trade
of section 15, the Registrar may, upon the application of any officer, representative unions or
or member of a trade union or an employers’ organisa-tion, after making such employers’
enquiries as he may consider necessary, declare a trade union or an employers’ organisations.
organisation to be defunct if such trade union or employers’ organisation has
not been operating for a period not less than two years.
PART IV
21.-(1) A trade union or an employers’ organisation shall have powers to apply Funds of trade
the funds of the trade union or the employers’ organisation to any lawful objects unions, etc., how
or purposes authorised under its Constitution and the law. to be handled.
(4) The treasurer or other officer responsible for the custody of the
trade union or employers’ organisation’s funds and other property, including
any records related thereto, shall hand over such funds, property or records to
PART V
(2) The composition of, and other procedural matters governing, the
Second Schedule. Tripartite Body shall be as set out in Second Schedule to this Act.
Certification and 23.-(1) Any trade union claiming to have as its fully paid-up members a majority
recognition of the employees of an employer in a bargaining unit may, subject to the
procedures. provisions of this Part, make a written application to the Tripartite Body
constituted under section 22, to be certified as the sole and exclusive bargaining
agent for the bargaining unit.
24.-(1) An application by a trade union for certification under this Part shall Information
include the information specified in subsection (2). required for
certification.
(2) The information referred to in subsection (1) is:-
Suitability of 25.-(1) Before granting certification to a trade union which applies to it under
bargaining unit. this Part, the Tripartite Body shall first determine the suitability of the bargaining
unit in respect of which the application is made, and shall for that purpose use
the principles specified in subsection (2).
Notice by 26.-(1) Upon receiving a copy of an application for the certification of a trade
employer. union as a bargaining agent for a bargaining unit comprising the employees of
an employer served upon him under subsection (3) of section 24, an employer
shall within fourteen days indicate by written notice to the tripartite body:
and state therein the reasons, if any, on which his decision is based.
(2) A copy of the notice made under subsection (1) shall be served on
the trade union to which it applies.
27.-(1) Where only one trade union has applied to the Tripartite Body for Survey by
certification under this Part, and the employer has agreed in writing under section Tripartite Body
26 (1) to recognise the trade union as the bargaining agent of his employees following
comprised in the bargaining unit, and if the Tripartite Body is satisfied that the agreement by
other provisions of this Act have been complied with, the Tripartite Body may, employer.
after consultation with the trade union and the employer’s organisation as soon
as may be, carry out a survey among the employees comprising the bargaining
unit to determine the extent of support enjoyed by the trade union among such
employees.
(2) The Tripartite Body shall certify a trade union if the results of the
survey carried out under subsection (1) shows that the trade union is supported
by at least fifty-one per centum of the employees comprising the bargaining
unit.
(3) The Minister may, after consultation with the Tripartite Body, make
Regulations governing the holding of the surveys carried out under subsection
(1), or under section 28 or 38.
28.-(1) Where two or more trade unions apply to the Tripartite Body for Procedure where
certification as the bargaining agent for a bargaining unit, or where one trade two or more
union applies for certification but the employer refuses to recognise the trade trade unions
union as the bargaining agent for the bargaining unit, the Tripartite Body shall apply for
without undue delay proceed to hold a poll by secret ballot among the employers certification, etc.,
comprising the bargaining unit to determine the trade union most suitable to or where
represent the bargaining unit as the bargaining agent, and shall after determining employer refuses
the results of the poll declare the trade union with the highest number of votes to recognition.
be the bargaining agent for the bargaining unit:
Provided that the Tripartite Body shall not certify any trade union as the
bargaining agent for any bargaining unit if the trade union received less than
fifty-one per centum of the votes cast in the poll held under subsection (1).
(2) Where the results of the poll held under subsection (1) show a tie,
a second or subsequent poll shall be held every fourteen days thereafter until
the tie is broken.
Duties of 29. Every employer shall, in relation to a poll held under section 28:
employer in
relation to a poll. (a) take all necessary steps to ensure that his employees
comprising the bargaining unit and eligible to vote in the
poll are given the opportunity to do so; and
Certain conduct 30. On the day appointed by the Tripartite Body for polling, no person,
prohibited on organisation or group of persons shall:
polling day.
(a) furnish, use or supply to any person any loudspeaker,
bunting, ribbon, label, ensign, banner, standard or set of
colours, or any flag belonging to any trade union, with
the intent to use it or to let any person use it as propa-
ganda for any trade union, and thereby to be identified as
a supporter of such trade union;
31. No employee shall, in relation to a poll held under section 28: Duties of
employees in
(a) receive, or agree to receive, any money, loan, reward, gift, relation to a poll.
office or employment within any undertaking or organisation
as a result of voting or agreeing to vote or of refraining or
agreeing to refrain from voting at the poll, or for any specific
trade union; or
32. Pursuant to subsection (4) of section 24, the Tripartite Body shall within Grant or refusal
three months after receipt of an application for certification by a trade union of certification.
under this Part:
(a) certify the trade union as the bargaining agent for the
bargaining unit referred to in the application; or
(b) refuse to certify the trade union as the bargaining agent for
the bargaining unit referred to in the application if it is
satisfied that the trade union has failed to secure the highest
Employer to 33.-(1) Where a trade union has been certified as a bargaining agent by the
negotiate with Tripartite Body in accordance with section 32 (a), the employer of the
certified trade employees comprising the bargaining unit which the trade union is certified to
union. represent shall recognise the trade union and meet and engage in negotiations
with it for collective bargaining purposes.
35.-(1) Where a trade union has been certified under section 23 (2) or 32 (a), Procedure where
or has made application to the Tripartite Body for certification under subsection employer intends
(1) of section 23, any employer who intends to cease operations shall give to to cease
the tripartite body and the relevant trade union: operations.
36. Where a trade union is certified by the Tripartite Body and recognised Effect of certifi-
by the employer or the employers’ organisation pursuant to this Act: cation and
recognition.
(a) the trade union shall be the sole and exclusive bargaining
agent for the employees comprising the bargaining unit for
which it is certified and recognised, and shall replace any
trade union which previous to the certification and
recognition was the bargaining agent, and shall have ex-
clusive authority to bargain collectively with the employer
or employers’ organisation for and on behalf of the
employees comprising the bargaining unit, and to bind such
employees for so long as such certification remains in force
to any collective bargaining agreement concluded with the
employers or employers’ organisation;
De-certification of 38.-(1) At any time after the expiration of one year from the initial certification
trade unions as of a trade union by the Tripartite Body, any employee in or an employer of the
bargaining unit. bargaining unit may make written application to the Tripartite Body to withdraw
the certification of the trade union in respect of the bargaining unit on the basis
that the majority of the members of the bargaining unit no longer wish to have
the trade union as their bargaining agent.
(4) The Tripartite Body shall grant the application made under subsection
(1) if the poll held under subsection (3) shows that at least fifty-one per centum
of the employees no longer wish the trade union to be their bargaining agent.
Body shall forthwith cancel the certification of the trade union as the bargaining
agent for the bargaining unit, and may make such directions in respect of the
validity or duration of any collective bargaining agreement negotiated by the
trade union for the bargaining unit which is and currently in force.
(6) Where a trade union has been de-certified under this section, no
other trade union shall apply for certification as the bargaining agent for the
bargaining unit until a period of three months has elapsed from the date of the
de-certification.
Employee’s 39. Nothing in this Act shall prevent, or shall be read and construed as
right to choose preventing, an employee with an individual grievance or involved in discipli-
representative. nary proceedings from appointing and being assisted by a representative of
the employee’s own personal choice, including an attorney-at-law or officer
of a trade union other than a trade union certified by the Tripartite Body and
recognised by the employer or employers’ organisation as the bargaining agent
for the bargaining unit of which the employee is a member.
Access to 40.-(1) No employer shall refuse or fail to give an officer or representative of
employer’s a certified trade union such reasonable access to the employer’s premises as
premises. may be necessary for the promotion of the lawful activities of the trade union.
PART VI
(2) Any collective bargaining agreement which does not meet all the
requirements specified in subsection (1) but which was in force immediately
prior to the commencement of this Act shall continue in force until it expires or
is repealed and replaced by a new collective bargaining agreement made pursuant
to this Act.
42.-(1) A collective bargaining agreement is binding on the trade union and the Enforcement
employer who are parties to the agreement, and unless stated otherwise, on of collective
every employee who is a member of such trade union or who is a member of bargaining
the bargaining unit in respect of which the trade union is certified as the bargaining agreements.
agent.
(2) The terms of the collective bargaining agreement are and shall be
deemed to be incorporated into the employment contract of each employee to
whom the agreement applies.
(3) Where any person alleges a breach by any person of any of the
provisions of a collective bargaining agreement, such person may apply to the
Supreme Court for redress, and the Supreme Court may make such orders
and grant such other relief in respect of the application as it may think appropriate
to ensure compliance with the provisions of the collective bargaining agreement.
43.-(1) If any employer sells a part of his business, undertaking or company, or Successor rights
otherwise leases, transfers or disposes of such part or the whole of the business, and obligations.
undertaking or company:
PART VII
Miscellaneous Provisions
General offence 44. If any person contravenes any provision of this Act for which no penalty
and penalty. is specifically provided, such person shall be liable on summary conviction to
a fine not exceeding five thousand dollars, or to imprisonment for a period not
exceeding five years.
Regulations. 45. The Minister may after consultation with the Tripartite Body and the
Registrar, make Regulations for the better carrying out of the provisions of this
Act, and without prejudice to the generality of the foregoing, such Regulations
may provide for:
FIRST SCHEDULE
[Section 14 (1)]
The Constitution of every trade union and employers’ organisation shall include
the following information, namely:
suspended or disciplined;
(l) provisions for the banking and investment of the funds of the
trade union or employers’ organisation;
SECOND SCHEDULE
[Section 22 (2)]
1. COMPOSITION
2. QUORUM
(a) Any six (6) of the members of the Tripartite Body present
and voting at any meeting shall constitute a quorum for
that meeting.
Decisions of the Tripartite Body shall as far as possible be unanimous, but if this
cannot be achieved, decisions shall be by majority vote, with the person presiding
at any meeting having a second or casting vote in the event of a tie or an equality
of votes.
6. MEETINGS
7. HEARING OF APPEALS
Appeals shall lie to the Tripartite Body pursuant to sections 13 (7) and 15 (3)
of this Act.