Public Service Negotiating, Consultative and Disputes Settlement Machinery Act

PUBLIC SERVICE (NEGOTIATING, CONSULTATIVE AND DISPUTES SETTLEMENT MACHINERY) ACT. ARRANGEMENT OF SECTIONS Section PART I PRELIMINARY. 1. Commencement. 2. Interpretation. PART II CONSULTATIVE COMMITTEES. 3. Consultative Committees and their functions. PART III PUBLIC SERVICE NEGOTIATING AND CONSULTATIVE COUNCIL. 4. Public Service Negotiating and Consultative Council and its functions. PART IV PUBLIC SERVICE TRIBUNAL. 5. Public Service Tribunal and its functions. 6. Secretary to the Public Service Tribunal. PART V ESSENTIAL SERVICES. 7. Essential services. PART VI STRIKES IN THE PUBLIC SERVICE. 8. Strikes in the public service. PART VII MISCELLANEOUS. 9. Offence and penalty. 10. Amendment of Schedules. 11. Repeal of Cap. 289. 12. Regulations. First Schedule Currency point. Second Schedule Consultative Committee rules and procedures. Third Schedule Recognition Agreement. Fourth Schedule Rules and procedures for negotiating terms and conditions of service. Fifth Schedule Rules and procedures relating to the hearing of grievances by the Council. Sixth Schedule Essential services in the public service. PUBLIC SERVICE (NEGOTIATING, CONSULTATIVE AND DISPUTES SETTLEMENT MACHINERY) ACT.

he Council. Sixth Schedule Essential services in the public service. PUBLIC SERVICE (NEGOTIATING, CONSULTATIVE AND DISPUTES SETTLEMENT MACHINERY) ACT.

An Act to provide for the establishment of a public service negotiating, consultative and disputes settlement machinery; to provide for the creation of consultative committees in each department or other unit or subdivision of Government and in each Local Government, to offer conciliation services in labour disputes; to establish a National Negotiating and Consultative Council to, among other things, facilitate consultations, dialogue and negotiations between the Government as employer and public service labour unions; to establish a Public Service Tribunal to arbitrate labour disputes and secure harmonious labour relations in the public service; and to provide for other related matters. Commencement: 1 October, 2008. PART I PRELIMINARY. 1. Commencement. This Act shall come into operation on such date as the Minister may, by statutory instrument, appoint. PUBLIC SERVICE (NEGOTIATING, CONSULTATIVE AND DISPUTES SETTLEMENT MACHINERY) ACT. ARRANGEMENT OF SECTIONS Section PART I PRELIMINARY. 1. Commencement. 2. Interpretation. PART II CONSULTATIVE COMMITTEES. 3. Consultative Committees and their functions. PART III PUBLIC SERVICE NEGOTIATING AND CONSULTATIVE COUNCIL. 4.

ion. PART II CONSULTATIVE COMMITTEES. 3. Consultative Committees and their functions. PART III PUBLIC SERVICE NEGOTIATING AND CONSULTATIVE COUNCIL. 4.

Public Service Negotiating and Consultative Council and its functions. PART IV PUBLIC SERVICE TRIBUNAL. 5. Public Service Tribunal and its functions. 6. Secretary to the Public Service Tribunal. PART V ESSENTIAL SERVICES. 7. Essential services. PART VI STRIKES IN THE PUBLIC SERVICE. 8. Strikes in the public service. PART VII MISCELLANEOUS. 9. Offence and penalty. 10. Amendment of Schedules. 11. Repeal of Cap. 289. 12. Regulations. First Schedule Currency point. Second Schedule Consultative Committee rules and procedures. Third Schedule Recognition Agreement. Fourth Schedule Rules and procedures for negotiating terms and conditions of service. Fifth Schedule Rules and procedures relating to the hearing of grievances by the Council. Sixth Schedule Essential services in the public service. PUBLIC SERVICE (NEGOTIATING, CONSULTATIVE AND DISPUTES SETTLEMENT MACHINERY) ACT.

he Council. Sixth Schedule Essential services in the public service. PUBLIC SERVICE (NEGOTIATING, CONSULTATIVE AND DISPUTES SETTLEMENT MACHINERY) ACT.

An Act to provide for the establishment of a public service negotiating, consultative and disputes settlement machinery; to provide for the creation of consultative committees in each department or other unit or subdivision of Government and in each Local Government, to offer conciliation services in labour disputes; to establish a National Negotiating and Consultative Council to, among other things, facilitate consultations, dialogue and negotiations between the Government as employer and public service labour unions; to establish a Public Service Tribunal to arbitrate labour disputes and secure harmonious labour relations in the public service; and to provide for other related matters. Commencement: 1 October, 2008. PART I PRELIMINARY. 1. Commencement. This Act shall come into operation on such date as the Minister may, by statutory instrument, appoint. * 2. Interpretation.

LIMINARY. 1. Commencement. This Act shall come into operation on such date as the Minister may, by statutory instrument, appoint. * 2. Interpretation.

In this Act unless the context otherwise requires— "arbitration" means the process of judging officially how an argument should be settled; "autonomous body" means a government agency, authority, commission or institution, which is part of the public service but which, by virtues of the law establishing it or under which it is established has other control of its own affairs or is otherwise independent; "collective bargaining agreement" means a written agreement relating to terms and conditions of employment concluded and signed between one or more labour unions and one or more employers or employers' organisations; "conciliation" means a process of trying to get people to agree; "Council" means the Public Service Negotiating and Consultative Council established under section 4 of this Act; "court" has the meaning assigned to it by the Constitution; "currency point" has the value assigned to it in the First Schedule; "department" means a department of a ministry, local authority or local government; "disputes settlement machinery" means a process through which disputes are reported, registered and handled for the purpose of settlement; "essential services" means services, which if withdrawn abruptly may— ( a ) cause loss of life; ( b ) threaten the wellbeing of society; ( c ) cause major disruption in the nation; ( d ) cause disaster; "grievance" means a complaint or feeling of being marginalised due to unfair treatment; "joint negotiating committee" means a committee of representatives nominated by the public service labour unions to represent them in bilateral negotiating and consultative fora with the employers' representatives; "labour dispute" means any dispute between an autonomous body, a department or a local government as employer and a public officer or any other employee of the public service relating to the terms and conditions of service of a public officer or any other employee of the public service; "labour union" means any organisation of employees created by employees for purposes of representing the rights and interests of employees and includes a registered labour union in existence at the commencement of this Act; "lock-out" means the withholding of work from employees by an employer in order to gain concession from the employees; "local government" has the meaning assigned to it by the Local Governments Act; "Minister" means the Minister responsible for public service; "ministry" means a ministry of the Government; "public officer" has the meaning assigned to it by article 257 of the Constitution; "public service" has the meaning assigned to it by article 257 of the Constitution; "public service labour union" means a registered labour union as defined in the Labour Unions Act, which is designated by the Minister by statutory instrument to be a public service labour union for the purposes of this Act; "recognition Agreement" means the Agreement between the Government and the public service labour union set out in the Third Schedule to this Act; "responsible officer" means an officer of government at the rank of commissioner or above, who is delegated the powers and responsibilities of a ministry, department, agency, authority, commissioner or institution, including a local government; "strike" means the go slow or the sit down by a body of persons employed and acting in combination, or a concerted refusal or a refusal under a common understanding, of any number of persons employed to continue to work for an employer in consequence of a dispute, done as a means of compelling the employer, or to aid other employees, to accept or not to accept terms or conditions affecting the employment; "Tribunal" means the Public Service Tribunal established under section 5(1); "Union Representative" means a person appointed by a public service labour union to represent that union.

ice Tribunal established under section 5(1); "Union Representative" means a person appointed by a public service labour union to represent that union.

PART II CONSULTATIVE COMMITTEES. 3. Consultative Committees and their functions. (1) There shall be in each autonomous body, ministry, department, local government or such division or unit of the public service as may be prescribed by the Minister by statutory instrument, a Consultative Committee consisting of a Chairperson and not less than 10 other members. (2) Every Consultative Committee shall consist of five persons representing an autonomous body, ministry, department, division, or unit of the public service, as the case may be, and five union representatives. (3) The functions of a Consultative Committee are— ( a ) to hear and offer conciliation services in labour disputes in any autonomous body, ministry, department, local government, division or unit of the public service; ( b ) to act as a forum for involving public officers and other employees in the public service in policy issues that affect them. (4) The rules and procedures which shall govern a Consultative Committee are as set out in the Second Schedule to this Act. (5) In the event of an impasse, a labour dispute shall be declared and reported to the Public Service Negotiating and Consultative Council.

this Act. (5) In the event of an impasse, a labour dispute shall be declared and reported to the Public Service Negotiating and Consultative Council.

PART III PUBLIC SERVICE NEGOTIATING AND CONSULTATIVE COUNCIL. 4. Public Service Negotiating and Consultative Council and its functions. (1) There shall be a Public Service Negotiating and Consultative Council consisting of a Chairperson and not less than five other members. (2) The Chairperson and other members of the Council shall be appointed by the Minister on terms and conditions of service determined by the Minister in consultation with the Minister responsible for finance. (3) The expenses of the Council shall be charged on the Consolidated Fund. (4) The Chairperson of the Council shall be a person of high moral character and proven integrity, with considerable experience and demonstrated competence in the conduct of public affairs or in the settlement of disputes between contending employers and employees.

e experience and demonstrated competence in the conduct of public affairs or in the settlement of disputes between contending employers and employees.

(5) A person shall resign his or her office or appointment as Chairperson of the Council if that person is or becomes— ( a ) a member of Parliament; ( b ) a member of a local government council; ( c ) a member of the executive of a political party or a political organisation; ( d ) a member of any board or other authority responsible for the management of the public service; or ( e ) a public officer. (6) The functions of the Council are— This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article. Home | About Us |--> Terms & Conditions | Privacy Statement | Publishing Services | Contact Us Sitemap --> --> Copyright 2019. Blackhall Publishing. All Rights Reserved. Design and Developed By : Indiafin Technologies Ltd .