TOPIC 4

RIGHTS AND RESPONSIBILITIES OF

EMPLOYERS, EMPLOYEES AND THEIR TRADE
UNIONS, AND POWERS OF THE DIRECTOR
GENERAL OF INDUSTRIAL RELATIONS AS
STIPULATED IN THE INDUSTRIAL RELATIONS
ACT, 1967
LEARNING OUTCOMES
At The End Of This Lecture, Student Should Be Able To:
Rights of employees and employers
Responsibilities of employees and employer
Powers of the Director General of Industrial Relations
 INTRODUCTION
• Responsibilities can be said as the duties that must be fulfilled by the employer, employees
as well as their trade union.

• Both parties must strictly adhere to the stipulated rules and regulations

• The responsibilities of those parties can be categorized into general and specific
responsibilities.
 RIGHTS OF EMPLOYEES AND EMPLOYERS

• S.4(1) IRA 1967 stated the rights of employees and employers

• No person shall interfere, restrain or coerce an employees or an employer in the exercise of
his rights to form and assist in the formation of and join a TU and also to participate in its
lawful activities.

right to form TU
right to join TU
right to take part in its lawful activities
 RESPONSIBILITIES OF EMPLOYEES AND EMPLOYER

General Responsibilities of employees, employer and their TU

• The responsibilities are implicit in the prohibition outlined in Sec 4(2)&(3) IRA1967.

S.4(1)(i) stated the prohibition against any interference or any restrain or coercion in respect
and exercise of the rights given to the employers or employees by any person.
 (CONT’D..)RESPONSIBILITIES OF EMPLOYEES AND EMPLOYER

S.4(2)(ii) stated the prohibition against any interference with the establishment or the
administration or the functioning of that TU.

S.4(3) stated the prohibition against the giving of any support ( in any forms) to an employees
union by an employer or an employer union whereby the objective of giving that support is
to place the employees union under their control.
 (CONT’D..)RESPONSIBILITIES OF EMPLOYEES
AND EMPLOYER

Specific Responsibilities of employer, employees and their TU

• EMPLOYER PROHIBITED ACTS:
S.5 (1) IRA 1967 stated that employers are prohibited form the following:

a) imposing a condition in a contract of employment which restrain the rights of a

person to join or continue to be a member of TU.

b) refusing to employ a person because he is or he is not a member or an officer of

TU
c) discriminating against a person as regards to employment or promotion or any condition of
employment or working conditions because he is or he is not a member or an officer of TU.

d) dismissing an employees or injuring him in his employment or altering his position to his
prejudice because the employees wishes to become a member or an officer of a TU, or
because he participate in the promotion or formation of the activities of a TU.
e) inducing a person not to become or stop from being a member or an officer of a TU by
offering any forms of advantages on or for any person or by offering to do so.
(please note that all the above actions are considered as ‘INTIMIDATING BEHAVIOUR)
The Employer Prohibited Acts … cont’d
However, Sec. 5 (2) IRA which acts as a provision to Sec. 5 (1) clarifies that an employer is
not prohibited from: -
• 1.refusing to employ a person, or promote a workman, for proper cause; or
• 2.transferring, laying-off, suspending, or discharging a workman, for proper cause; or
• 3.restraining a workman occupying a managerial position from being or becoming a member
or an officer of a trade union catering for workmen not occupying managerial positions; or
• 4.restraining a workman employed in a confidential capacity in matters relating to staff
relations from being or becoming a member or an officer of a trade union.
 NEVERTHELESS,
According to S.5(2)(a) employer can refuse to employ a person if workers do “proper cause”
such as transfer from company A to B.

proper cause: according to EA, employer has the

rights to dismiss workers if that
workers absent from work for a long
period of time.
S.5(2)(b) requiring that employees upon his appointment or promotion to a “managerial
position” shall stop to be or not to become a member or an officer of a TU.

S.5(2)(c) requiring that any employees employed in confidential capacity in matters relating to
staff relations shall stop to be or not to become a member or an officer of a TU.
• S.6 IRA 1967 requires employers to grant all written applications for leave or absence made
by employees who are officers of TU whose intention is to carry out his duties or to exercise
their rights as such officers if the purpose and duration are specified and the duration is
reasonable.
• S.59(1) IRA makes an offence for employers who dismissed an employees, injured or
threatened to injure him in his employment or altered or treated to alter his position “due to
his prejudice” / discrimination
( please refer to s.59 (1) a-g for further understanding)
i.is, or proposes to become an officer or member of :
–a trade union or
–of an association that has applied to be registered as a trade union;
ii.is entitled to the benefit of a collective agreement or an award (of the Industrial Court)
iii.has appeared or proposes to appear as a witness or,
–has given or proposes to give any evidence in any proceeding under this Act;
iv.is being a member of a trade union which is seeking to improve working conditions, (is
dissatisfied with such working conditions);
v.is a member of a trade union :
–which has served an invitation (to bargain) under Sec 13 or
–which is a party to a negotiation under this Act or to a trade dispute which has been
reported to the Minister in accordance with the Part V or Part VII;
vi.has absented himself from work without leave for the purpose of carrying out his duties or
exercising his rights as an officer of a trade union where:
–he applied for leave in accordance with Sec.6 before he absented himself and
–leave was unreasonably deferred or with held;or
vii.is being a member of a panel appointed under Sec.21:
–has absented himself from work for the purpose of performing his functions and duties
as a member of the Industrial Court and
–has notified the employer before he absented himself.
The Employer Prohibited Acts … cont’d
Furthermore, Sec. 6, IRA requires employers to grant all written applications for leave or absence
made by workmen who are;
officers of trade unions, and who intend to the leave applied to carry out their duties or to exercise
their rights as such officers, if: -

i. the application specifies the duration of an the purpose for which the leave is applied for, and.

ii. the duration specified is no longer than what is reasonably required for the specified purposes.

However, a workman / an officer is not entitled to leave with pay for the duration of his absence if
the purpose for which he was absent has nothing to do with his employer.

Finally, Sec.20,IRA restricts employers from arbitrarily dismissing workmen lacking the protection
afforded by union membership.
–This Section enables such workman to make representations in writing to the DGIR to be reinstated
in his former employment.
 EMPLOYEES PROHIBITED ACTS
• S.7 IRA 1967 prohibits employees and their TU from the following:

a) persuading employees to join or not to join a TU without employer’s consent, at his place
of business and during working hours. ( but this prohibition does not apply if the persuading
was done by an employees employed in the same level and in any way which does not affect
his normal duties)
b) Intimidating / threatening a person to become or not to become or continue to be or stop
being a member or an officer of a TU.

c) inducing a person not to become or to stop being a member of an officer of a TU by confer

or procuring any advantage on or for any reason or even offering to do so.
• Based on employers and employees prohibited actions, we can summarized their acts as
“intimidating behavior” if the acts done by:

1) Uses violence to some other person

2) Persistently follow some other persons
3) Hides any tools or property of some other person
4) Watches houses or place of residents of some other person.
POWERS OF THE DIRECTOR GENERAL OF INDUSTRIAL
RELATIONS (DGIR)

RECOGNITION
OF TRADE
UNIONS

NOTICE OF
STRIKE AND
LOCK-OUT

REPRESENTATIO
N ON
DISMISSALS