Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012(c) the Trade Union Act (Cap. 15:20);(d) the Employment of Young Children ProhibitionAct (Cap. 15.03);(e) the Employment of Women, Young Personsand Children Act (Cap. 15.03);(f) the Protection of Wages Act (Cap. 15.03);(g) sections 21-23 of the Immigration Act (Cap.13.01).(2) Despite the repeal of the enactments mentioned insubsection (1), any requirement performed, table of fees,licenses or certificates issued, notice, decision,determination, direction or approval given, applicationor appointment made, or thing done, under any of therepealed enactments, shall, if in force on the dateimmediately prior to the coming into force of this Code,continue in force, or in the case of a license orcertificate, continue in force until the date of expiry ofsuch license or certificate as set out in such license orcertificate, and shall, so far as it could have been made,issued, given or done under this Code have effect as ifmade, issued, given or done under the correspondingprovisions of this Code.SCHEDULE108(Section 143)The constitution of every trade union and employers' organisationshall include the following information—1) the name of the trade union or organisation;2) the objects of the trade union or organisation;3) the qualifications for membership;4) provision for the office-bearers in the trade union ororganisation among whom shall be the president orchairperson, a secretary or general secretary andtreasurer;
MONTSERRATLABOUR CODE, 2012No. 20 of 20125) provision for periodic elections to all offices and for theappointment of a temporary replacement if an officeholderbecomes disqualified or incapacitated fromholding office;6) provision for a general meeting open to all members, atleast once every 2 years;7) a provision that any member or delegate may propose aresolution at a general meeting;8) the fees and other subscriptions payable, and themaximum period of arrears permitted before a memberloses his or her good standing;9) the grounds on which an officer or member may besuspended or expelled from office or from membership,each ground being specified;10) the procedure for suspension or expulsion from office orfrom membership, including provision that the affectedofficer or member be fully informed in writing of theallegations against him or her, that he or she shall have areasonable opportunity to answer those allegations andshall have the right of appeal;11) provision for the keeping of full and accurate records bythe treasurer or other appropriate officer, for the annualaudit of those accounts by an auditor appointed by thetrade union or organisation who shall not be a memberof that trade union or organisation, and for theavailability to all members on request of full, auditedannual statements of account;12) provision for the banking and investment of the tradeunion's or organisation's funds;13) provision for the paying out of the trade union's ororganisation's funds, including the authority to signcheques;14) the conditions under which a member may becomeentitled to any financial benefit provided by theorganisation;15) provision for the amending of the rules;109
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Labour Code 2012 - Government of Montserrat

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