eBusiness Weekly
Arthur Marara
We opened a conversation last week on the Workers Committee. There is no business that will succeed in the absence of human capital.
Even the technology needs people to operate and improve. Building harmonious work relationships is thus important. This week I want us to look into the role and function of a workers committee. It is my hope that this conversation will be of value to you.
Formation of a Worker Committee
In the last article we noted that the existence of a Workers Committee is provided for in terms of the Labour Act and the regulations in particular Section 23(1) of the Labour Act (Cap. 28:01) (“the Act”) which provides that employees employed by any one employer may appoint or elect a workers committee to represent their interests.
The wording of section 23 (1) gives employees the right to appoint or elect a Workers Committee.
The law proscribes managerial employees from being appointed or elected to a workers committee. A Workers Committee is also barred from representing the interests of managerial employees. There is however room for managerial employees to come up with their own workers committee to represent their interests.
There is flexibility in terms of the composition and procedure of a workers committee as this shall be determined by the employees at the workplace concerned (1a). There is however a rider to the freedom given in terms of the law. If a trade union is registered to represent the interests of not less than fifty per centum of the employees at the workplace where a workers committee is to be established, every member of the workers committee shall be a member of the trade union concerned (1b). The Act does not say every employee shall be a member of the Trade Union, it says every member of the workers committee shall be a member of the Trade Union.
The right to be part of a Workers Committee is so sacred such that the Labour Act even puts an obligation on Labour Officers and trade union representatives to assist employees to appoint or elect one. For the purposes of appointing or electing a workers committee, employees shall be entitled to—
(a) be assisted by a labour officer or a representative of the appropriate trade union; and
(b) reasonable facilities to communicate with each other and meet together during working hours at their place of work; and
(c) be provided by their employer with the names and relevant particulars of all employees employed by him;
Disputes are bound to occur where there are people. In the event of any dispute arising in relation to the exercise of any right to appoint or elect a Workers Committee either party to the dispute may refer it to the labour officer mentioned in paragraph (a) of that subsection, or, in the absence of such labour officer, any other labour officer, and the determination of the labour officer on the dispute shall be final unless the parties agree to refer it to voluntary arbitration.
The employees do not have a right to disrupt the normal conduct of the employer’s business. Being a member of a Workers Committee does not give an employee immunity from discipline.
This means if you commit an act of misconduct you can be properly charged and discharged for breach of your contractual obligations. A representative is an employee first, and the a member of Workers Committee next.
This balance is important in order to further the spirit of the Labour Act which seeks to promote democracy and social justice at the workplace.
Functions of the Workers Committee
On the functions of the workers committee s 24 of the Act provides in subs (1) as follows:
“(1) A workers committee shall –
(a) Subject to this Act, represent the employees concerned in any matter affecting their rights and interests; and
(b) Subject to subsection (3), be entitled to negotiate with the employer concerned a collective bargaining agreement relating to the terms and conditions of employment of the employees concerned; and
(c) Subject to Part XIII, be entitled to recommend collective job action to the employees concerned; and
(d) Where a works council is or is to be constituted at any workplace, elect some of its members to represent employees on the works council.”
The provisions of the Section 24(1) are self-explanatory. The issues to do with Collective Bargaining Agreements, Collective Job Action, and Works Council will actually need a separate article on their own.
The term “interests” however speaks to legally protected interests. This means that the Workers Committee has to find the interests in terms of the known sources of law and protect the members.
Where a workers committee has been appointed or elected to represent employees, no person other than such workers committee and the appropriate trade union, if any, may act or purport to act for the employees in negotiating any collective bargaining agreement; or direct or recommend collective job action to the employees (S24(2)).
However, where an appropriate trade union exists for any employees, a workers committee of those employees may negotiate a collective bargaining agreement with an employer—
(a) in the case where the trade union has no collective bargaining agreement with the employer concerned, only to the extent that such negotiation is authorized in writing by the trade union concerned; or
(b) in the case where there is a collective bargaining agreement, only to the extent permitted by such collective bargaining agreement; or
(c) where the Minister certifies in writing that— (i) the issue in question was omitted from or included in the principal collective bargaining agreement when it should not have been so omitted or included; and
(ii) the parties to the principal collective bargaining agreement have failed or are not in a position to reach an agreement on such an issue. (S24(3(S24(2))
Workers Committee and Works Council
I will do a detailed article on Works Council in future instalments. In every establishment in which a workers committee representing employees other than managerial employees has been elected, there shall be a works council (s25(1)). The existence of a Workers Committee gives rise statutorily to the existence of a workers committee.
A works council shall be composed of an equal number of members representing the employer and the workers committee (s25(2)). The procedure of a works council shall be as determined by the employer and the workers committee at the establishment concerned (s25(3)).
LEGAL DISCLAIMER: The material contained in this post is set out in good faith for general guidance in the spirit of raising legal awareness on topical interests that affect most people on a daily basis. They are not meant to create an attorney-client relationship or constitute solicitation. No liability can be accepted for loss or expense incurred as a result of relying in particular circumstances on statements made in the post. Laws and regulations are complex and liable to change, and readers should check the current position with the relevant authorities before making personal arrangements.
Arthur Marara is a practising Attorney. Bestselling Author. Human Capital Trainer. Business Speaker. Thought Leader. Law Lecturer. Consultant. Coach. Legal Proctor (UZ). He has vast experience in employment law and has worked with several corporates, and organisations. He is also a notary public and conveyancer. He is passionate about promoting legal awareness and access to justice. He writes in his personal capacity. You can follow him on social media (Facebook Attorney Arthur Marara), or WhatsApp him on +263780055152 or email [email protected]
