Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012join or not join, to support or not support, an employees'or employers' organisation or union.(2) A person who is eligible for membership in a tradeunion or employers' organisation under its rules has aright to membership in that trade union or organisationif he or she pays any fees that are properly payable to it,and such person has the right to remain a member aslong as he or she complies with the rules of the tradeunion or organisation.(3) A trade union or employers' organisation shall notdiscriminate in its rules or through its actions againstany person on the grounds of race, sex, sexualorientation, religion, ethnic origin, national extraction,colour, indigenous population, social origin, politicalopinion, disability, age, pregnancy, marital status orfamily responsibilities.139. Federations140. RemediesA trade union or employers' organisation mayparticipate in, be affiliated with, contribute to or join anynational or international federations of trade unions oremployers' organisations.(1) A person who alleges an infringement of a right orprotection contained in this Part may present acomplaint to the Tribunal.(2) Where an employee or person seeking employmentalleges in a complaint that he or she was dismissed ordenied employment contrary to this Part, the burden ison the employer to prove that the dismissal or denial hadno connection to the employee's or applicant's tradeunion membership or activities.(3) Where the Tribunal finds that the complaint is wellfounded, it shall make an order as it deems necessary tosecure compliance with the provisions of this Part,including an order—86
MONTSERRATLABOUR CODE, 2012No. 20 of 2012(a) for the reinstatement of an employee, if requestedand deemed appropriate;(b) for the restoration to an employee of any benefit,entitlement or advantage; and(c) for the payment of compensation.141. Register of trade unions142. RegistrationThe Registrar shall keep a register of all trade unionsregistered under this Code.(1) Every trade union and employers' organisation to whichthis Code applies shall be registered in accordance withthe Code.(2) The rights and benefits conferred by this Code upon atrade union or an employers' organisation and itsmembers may be exercised only if the organisation isregistered in accordance with the provisions of this Part.(3) Any 7 members or more of a trade union or 3 membersor more of an employers' organisation may, bysubscribing their names to the rules of the union ororganisation and otherwise complying with theprovisions of this Code, apply to the Registrar for itsregistration as a trade union or employers' organisation.(4) The applicants shall transmit 3 copies of the rules of thetrade union or employers' organisation, authenticated bysignature of the president or chairperson and secretary,to the Registrar along with the application forregistration.(5) If the Registrar is satisfied in respect of any applicationthat—(a) the requirements of this section have been met;(b) the rules are consistent with this Code and do notcontain provisions which are contrary to theprovisions of any enactment;87
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Labour Code 2012 - Government of Montserrat

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