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Labour Code 2012 - Government of Montserrat

Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, <strong>2012</strong>No. 20 <strong>of</strong> <strong>2012</strong>access to the employer's premises as is reasonable andnecessary for the lawful activities <strong>of</strong> the trade union.(2) In granting the access required by subsection (1), anemployer may impose restrictions as to time and placewhich are reasonable and necessary to avoid unduedisruption <strong>of</strong> operations and in the interest <strong>of</strong> safety.183. Collective agreements(1) A collective agreement shall—(a) be in writing and signed by the parties to theagreement;(b) contain the date on which it is to become effective;(c) contain effective procedures for the avoidance <strong>of</strong>disputes and settlement <strong>of</strong> rights, interests anddisputes which procedures may include a reference<strong>of</strong> any dispute to conciliation, mediation orarbitration;(d) contain provisions for the settlement <strong>of</strong> alldifferences arising out <strong>of</strong> the interpretation,application and administration <strong>of</strong> the agreement;(e) provide for such other matters as may be agreedbetween the parties to the agreement;(f) be lodged with the Minister or his or her designate.(2) Nothing in this section shall affect the validity <strong>of</strong> acollective agreement which is valid and existingimmediately before the commencement <strong>of</strong> this <strong>Code</strong> andthat agreement shall remain in force until it expires or isreplaced by another collective agreement.184. Enforceability <strong>of</strong> collective agreements(1) A collective agreement is binding on the parties to it andon every employee who is a member <strong>of</strong> the signatorytrade union or a member <strong>of</strong> the bargaining unit forwhich that trade union has been certified.(2) The terms <strong>of</strong> the collective agreement are deemed to beincorporated into the employment contract <strong>of</strong> each106

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