Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012134. ExemptionThis Part shall not apply to members of the policeservice.135. Basic employee rightsEvery employee has the right to—(a) take part in the formation of a trade union orfederation of trade unions;(b) be or not to be a member of any trade union orfederation of trade unions;(c) take part in lawful trade union activities;(d) hold office in a trade union;(e) take part in the election of shop stewards or safetyrepresentatives;(f) be elected a shop steward or safety representative orbe a candidate for such election;(g) act in the capacity of a shop steward or safetyrepresentative;(h) exercise any right conferred or recognised by theCode or any enactment and assist any employee,shop steward, safety representative or trade union inthe exercise of those rights.136. Freedom of association protection for employees(1) No employer or employers' organisation, and no personacting on behalf of an employer or an employers'organisation, shall, with respect to any employee or anyperson seeking employment—(a) require that person not to join a trade union orrelinquish trade union membership;(b) discriminate or take any prejudicial action,including discipline or dismissal against thatemployee or person because of his or her tradeunion membership or participation in lawful tradeunion activities;84
MONTSERRATLABOUR CODE, 2012No. 20 of 2012(c) discriminate or take any prejudicial action,including discipline or dismissal, against thatemployee or person because of his or her exerciseor anticipated exercise of any right conferred orrecognised under the Code or any enactment;(d) threaten that employee or person that he or she willsuffer any disadvantage from exercising any rightconferred or recognised under the Code, anenactment or a collective agreement;(e) promise that employee or person any benefit oradvantage for not exercising any right conferred orrecognised under the Code or an enactment;(f) restrain or seek to restrain that employee or person,by a contract of employment or otherwise, fromexercising any right conferred or recognised underthe Code or an enactment, and any such contractualterm which purports to exert any such restraint shallbe void, whether agreed to before or after thecommencement of the Code.(2) Nothing in this section shall be interpreted as preventingan employer from dismissing or otherwise discipliningan employee for a valid reason, in accordance with theCode.137. Protection of trade union from employer interferenceNo person shall commit an act which is designed to—(a) promote the establishment of an employees'organisation under the domination of an employeror employers' organisation; or(b) support an employees' organisations by financial orother means with the object of placing thatorganisation under the control of an employer oremployers' organisation.138. No compulsion to join or not to join an organisation(1) No person shall seek, by the use of any threat orintimidation, to compel or coerce any other person to85
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Labour Code 2012 - Government of Montserrat

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