Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012(4) Nothing in this section shall exempt from punishment aperson guilty of a conspiracy for which a punishment isawarded under any other enactment.(5) Nothing in this section shall affect the law relating toriot, unlawful assembly, breach of the peace, sedition orany offence against the State or the Sovereign.152. Removal of liability for interfering with another person’sbusinessAn act done by a person in contemplation or furtheranceof a trade dispute shall not be actionable on the groundonly that—(a) it induces some other person to break a contract ofemployment;(b) it is an interference with the trade, business, oremployment of some other person; or(c) it is an interference with the right of some otherperson to dispose of his or her capital or his or herlabour as he or she wishes.153. Peaceful picketingIt shall be lawful for 1 or more persons, acting on theirown behalf or on behalf of a trade union or of anindividual employer or firm in contemplation orfurtherance of a trade dispute, to attend at or near ahouse or place where a person resides or works orcarries on business or happens to be, if they attendmerely for the purpose of peacefully obtaining orcommunicating information, or of peacefully persuadingany person to work or abstain from working.154. Withdrawal or cancellation of certificate of registration(1) A certificate of registration of a trade union shall not bewithdrawn or cancelled except by the Registrar—(a) at the request of the trade union to be evidenced inthe manner directed by the Registrar;92
MONTSERRATLABOUR CODE, 2012No. 20 of 2012(b) on proof to the satisfaction of the Registrar that acertificate of registration has been obtained by fraudor mistake;(c) on proof to the satisfaction of the Registrar that thetrade union has wilfully and after notice from theRegistrar violated any of the provisions of thisCode; or(d) on proof to the satisfaction of the Registrar that thetrade union has ceased to exist.(2) The Registrar shall give at least 2 months notice to atrade union before the certificate of registration of thetrade union can be withdrawn or cancelled except wherethe trade union requests the withdrawal or cancellation.(3) A trade union whose certificate of registration has beenwithdrawn or cancelled shall, from the time of thewithdrawal or cancellation, cease to enjoy the privilegesof a registered trade union, and shall be dissolved andproceed to wind up its affairs, but without prejudice toany liability actually incurred by the trade union, whichmay be enforced against the trade union as if thewithdrawal or cancellation had not taken place.(4) If after the withdrawal or cancellation of the certificate atrade union continues in active operation, except for thepurpose of winding up its affairs, the secretary, trustee,member of the committee, or officer of the trade unionremaining in office or taking an active part in itsoperations, is guilty of an offence and liable onsummary conviction to a fine of $10,000.00 for everyday during which the trade union continues in activeoperation.155. Officers, accounts and audit(1) A treasurer shall keep a register of members and arecord of all monies received and paid by him for or onbehalf of the trade union and shall—(a) in respect of each accounting period;(b) on his resignation;93
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Labour Code 2012 - Government of Montserrat

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