Course Hero Logo

National Labour Law.doc - National Labour Law Constitution...

Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. This preview shows page 1 - 3 out of 22 pages.

National Labour LawConstitutionThe 1997 Constitution, amended in 1998 to introduce, among other things,the functions of an Ombud, entered into force on 28 July 1998. It contains thefundamental principles and rights of the ILO’s 1998 Declaration, principally inChapter 4’s “Bill of Rights”. Section 24 forbids servitude and forced labour.Sections 30, 31, 32 and 35 protect the rights to freedom of expression,assembly, association and religion respectively. Labour relations meritsspecial attention in section 33, which reads: “(1) Worker have the right toform and join trade unions, and employers have the right to form and joinemployers' organisations. (2) Workers and employers have the right toorganise and bargain collectively. (3) Every person has the right to fair labourpractices, including humane treatment and proper working conditions. (4) Alaw may limit, or may authorise the limitation of, the rights set out in thissection:(a)in the interests of national security, public safety, public order,public morality or public health;(b)for the purpose of protecting the rightsand freedoms of others; or(c)for the purpose of imposing reasonablerestrictions on members of a disciplined force; but only to the extent that thelimitation is reasonable and justifiable in a free and democratic society.” Thequalification that any limitation on freedom of association must be“reasonable and justifiable in a free and democratic society” is worth noting.The thoroughly worded equality provision reads as follows:“Section 38. (1) Every person has the right to equality before the law.(2) A person must not be unfairly discriminated against, directly or indirectly,on the ground of his or her:(a)actual or supposed personal characteristics orcircumstances, including race, ethnic origin, colour, place of origin, gender,sexual orientation, birth, primary language, economic status, age ordisability; or(b)opinions or beliefs, except to the extent that those opinionsor beliefs involve harm to others or the diminution of the rights or freedomsof others; or on any other ground prohibited by this Constitution.(3) Accordingly, neither a law nor an administrative action taken under a lawmay directly or indirectly impose a disability or restriction on any person on aprohibitedground.(4) Every person has the right of access, without discrimination on aprohibited ground, to shops, hotels, lodging-houses, public restaurants,places of public entertainment, public transport services, taxis and publicplaces.
(5) The proprietor of a place or service referred to in subsection (4) mustfacilitate reasonable access for disabled persons to the extent prescribed bylaw.(6) A law, or an administrative action taken under a law, is not inconsistentwith the right to freedom from discrimination on the groundof:(a)language;(b)birth;(c)economicstatus;(d)age;or(e)disability;during the period of 2 years after the date of commencement of thisConstitution if the law was in force immediately before that date and has

Upload your study docs or become a

Course Hero member to access this document

Upload your study docs or become a

Course Hero member to access this document

End of preview. Want to read all 22 pages?

Upload your study docs or become a

Course Hero member to access this document

Term
Fall
Professor
NoProfessor
Tags
Trade union

Newly uploaded documents

Show More

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture