Labour Code 2012 - Government of Montserrat
Labour Code 2012 - Government of Montserrat
Labour Code 2012 - Government of Montserrat
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MONTSERRATLABOUR CODE, <strong>2012</strong>No. 20 <strong>of</strong> <strong>2012</strong>(c) discriminate or take any prejudicial action,including discipline or dismissal, against thatemployee or person because <strong>of</strong> his or her exerciseor anticipated exercise <strong>of</strong> any right conferred orrecognised under the <strong>Code</strong> or any enactment;(d) threaten that employee or person that he or she willsuffer any disadvantage from exercising any rightconferred or recognised under the <strong>Code</strong>, anenactment or a collective agreement;(e) promise that employee or person any benefit oradvantage for not exercising any right conferred orrecognised under the <strong>Code</strong> or an enactment;(f) restrain or seek to restrain that employee or person,by a contract <strong>of</strong> employment or otherwise, fromexercising any right conferred or recognised underthe <strong>Code</strong> or an enactment, and any such contractualterm which purports to exert any such restraint shallbe void, whether agreed to before or after thecommencement <strong>of</strong> the <strong>Code</strong>.(2) Nothing in this section shall be interpreted as preventingan employer from dismissing or otherwise discipliningan employee for a valid reason, in accordance with the<strong>Code</strong>.137. Protection <strong>of</strong> trade union from employer interferenceNo person shall commit an act which is designed to—(a) promote the establishment <strong>of</strong> an employees'organisation under the domination <strong>of</strong> an employeror employers' organisation; or(b) support an employees' organisations by financial orother means with the object <strong>of</strong> placing thatorganisation under the control <strong>of</strong> an employer oremployers' organisation.138. No compulsion to join or not to join an organisation(1) No person shall seek, by the use <strong>of</strong> any threat orintimidation, to compel or coerce any other person to85