COURSE OBJECTIVE
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Gain a comprehensive understanding of the impact of 2022 amendments
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Identify recurring challenges since implementation and how companies have addressed them;
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Assess your organization's compliance with current laws and regulations
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Identify and address any gaps or uncertainties that arise after implementation.
DAY 1
REGISTRATION
8.30am – 9.00am
(I) Short Title & Application
(II) Interpretation
a. “Apprentice”
b. “Apprenticeship Contract” and exemptions to certain sections of EA
c. “Domestic Employee”
d. “Foreign Domestic Employee”
9.00am – 10.30am
MORNING TEA BREAK
10.30am – 10.45am
(III) Payment of Wages
• s. 18A - Calculation of wages for incomplete month’s work
• s.22(2) - Limitation on Advances to Employees
(IV) System of Payment of Wages
• s.25 - Wages to be paid through “Financial Institution”
• 25A - Payment of Wages other than through Financial Institutions
10.45am – 1.00pm
Lunch Break
1.00pm – 2.00pm
(V) Part VII - Principals, Contractors, Subcontractors and Contractors for Labour
• s.33A(1A) - Legal Requirements between these Parties
• s.33A(3)(aa) - Offenses from failure to comply under this Part
• s.33A(3) - Increase in Fines
(VI) Part IX – Pregnancy & Maternity
• S.37(1)(aa) - Situations where female employee may commence work earlier
• S.37(1)(d)(ii) - increase to eligible period
2.00pm – 3.45pm
Afternoon Tea Break
3.45pm – 4.00pm
(VII) S.41A Restriction on Termination;
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Understanding the Director General of Trade Unions (DGTU)’s authority to refuse registration based on specific criteria.
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Conflict with the Act’s provisions or regulations.
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Similarity of names with existing unions.
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Potential to promote ill-will or hostility.
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Procedures for union registration and dealing with DGTU refusals.
4.00pm – 4.45pm
Q & A Session - End of Day 1
4.45pm – 5.00pm
DAY 2
REGISTRATION
8.30am – 9.00am
Module 5: Changes to Strike Procedures
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Examination of the amendments to strike requirements:
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Reduction in the majority required for strike approval from two-thirds to more than half of 60% of eligible voters.
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Case study: Strike voting processes before and after the amendment.
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Timelines for submitting secret ballot results to DGTU (7 working days).
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Rules regarding voting eligibility (exclusions for dismissed, retired, or retrenched members).
9.00am – 10.30am
Morning Tea Break
10.30am – 10.45am
Module 6: Minimum Union Membership Age and Leader Accountability
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Changes to the minimum union membership age (from 16 to 15 years).
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Introduction of liabilities for union leaders (president, secretary, treasurer) for offences committed by the union.
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Case studies and legal interpretations: Understanding leadership accountability in union operations.
10.45am – 1.00pm
Lunch Break
1.00pm – 2.00pm
Module 7: Enforcement and Investigation Powers
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Detailed discussion on the five new sections introduced by the 2024 amendments:
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S63A: Investigation and enforcement powers.
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S63B: Appointment of enforcement officers.
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S63C: Powers to compel witness attendance for investigation.
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S63D: Inspection and production of documents/articles.
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S63E: Power to seize articles/documents during investigations.
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Practical exercises: How these new powers impact trade union compliance and internal governance.
2.00pm – 3.45pm
Afternoon Tea Break
3.45pm – 4.00pm
Module 8: Appeals and Stay of Execution
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Introduction of S71A: Automatic stay of execution of DGTU’s decision during appeals related to union registration.
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Legal considerations and practical applications of the appeal process.