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Tripartite Negotiating Forum Bill 2018

 

 

H.B. 5, 2018.]

 

ii

 

 

TRIPARTITE NEGOTIATING FORUM BILL, 2018

 

 

 

Explanatory  MEMoranduM

This Bill seeks to establish a Tripartite Negotiating Forum whose mandate is to ensure consultation, cooperation and negotiation on social and economic issues by Government, Organised Business and Organised Labour.

The individual clauses of the Bill are explained below—

Clause 1

This clause sets out the short title of the Bill.

Clause 2

This Clause provides for certain definitions of terms used in the Bill.

Clause 3

This clause establishes the Tripartite Negotiating Forum which will be made  up of a Chairperson, representatives from the Government, Organised Business and Organised Labour and sets out the objectives and functions of the Forum. Further, a technical committee of experts drawn from the constituent members will be appointed to assist the Forum in its work.

Clause 4

This clause outlines the qualification of members. A member shall not qualify to be appointed unless he or she is a Zimbabwean citizen who has no previous conviction related to corruption or financial impropriety within five year period, and is not insolvent.

Clause 5

This clause lays down the removal of Business and Labour members. It will be discretion of each Constituency to remove a member from the TNF at least thirty days after such notification.

Clause 6

This clause provides for filling of vacancies, which will be done by the respective constituency not later than thirty days from the date of vacation.

 

Clause 7

This clause lays out the duties of the Chairperson and the co-Chairpersons. The

Chairperson’s duties include convening and presiding over all meetings and reporting to Cabinet while the co-Chairpersons carry out duties assigned to them by the Chairperson. Clause 8

This clause provides for the establishment of the Agenda Setting for TNF meetings which shall be the responsibility of the Management Committee.

Clause 9

This clause defines the convening of meetings and establishes that the quorum of the Forum shall be met by 50% percent of the members provided that all constituent organisations are represented. At least two meetings of the Forum will be convened every year, with provision for extra-ordinary and special meetings.

 

 

 

(ii )  

 

Clause 10

This clause provides for the decisions of the main TNF which will be reached by consensus and will form recommendations to Cabinet.

Clause 11

This clause provides for minutes or proceedings of the main TNF meeting which shall be kept in books and be used as evidence in a court of law if signed by the Chairperson.

Clause 12

This clause establishes the TNF Technical Committee which will be chaired by the Deputy Chief Secretary to the President and Cabinet. The technical committee will be composed of three clusters. These are, the Economic Policy Cluster responsible for economic issues, the Labour Market Cluster responsible for labour market policy and the Social Policy Cluster responsible for social issues.

Clause 13

This clause establishes a Management Committee composed of representatives from the tripartite Constituents, nominated by their respective Principals. It will appoint the Executive Director and oversee the Secretariat’s operations and set the agenda of meetings. Clause 14

This clause sets up an independent Secretariat headed by the Executive Director who will be a Zimbabwean citizen and will manage the operation and property of the Forum and supervise Forum employees.

Clause 15

This clause provides for the appointment of other members of the Secretariat. Clause 16

This clause provides for the Forum’s financing mechanism. The TNF will be funded by monies derived from the national fiscus and any other monies that may vest in or accrue to the TNF.

Clause 17

This clause provides for management of the accounts of the Forum and the appointment of an internal auditor. The TNF shall keep proper books of accounts and an annual statement of account shall be submitted to the Minister responsible for finance. The Minister shall approve the appointment of auditors by the Forum. The auditors shall report to the Forum on the statement of accounts prepared.

Clause 18

This clause provides for the auditing of the accounts of the Forum. The Auditor- General will also audit the Forum’s accounts in accordance with the Audit Office Act [Chapter 22:18]. The clause also allows the Minister to request reports, statements and explanations from the auditors in connection with the Forum’s funds, activities and properties.

Clause 19

This clause provides for the preservation of secrecy and confidentiality, and gives members an obligation to uphold confidentiality and makes it a criminal offence to disclose confidential information.

 

(iiii)

 

Clause 20

This clause gives the Minister authority to make regulations which may provide for, among others, periodicity of meetings, attendance to meetings, quorum, and nomination of members, admission of new members, staff regulations and composition of clusters.

Clause 21

This clause provides for the setting up of Standing Rules of the Forum. The Standing Rules give provision for objections of items on the agenda, motions and resolutions procedures for amending documents under discussion, right to address the meeting, decorum, circulation of the agenda, group autonomy, caucus and amendment of the standing rules, among others.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(iiiiii)

 

 

TriparTiTe NegoTiaTiNg Forum

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(iv)

 

 

                                                 TRIPARTITE NEGOTIATING FORUM BILL, 2018

 

ARRANGEMENT OF SECTIONS

 

PART I

 

                                                                                       Preliminary

Section

  1. Short title.  

 

PART II

tripartitE nEgotiating ForuM3.Establishment and Functions of Tripartite Negotiating Forum.

  1. Qualifications of Members.
  2. Removal of Business and Labour Members.
  3. Filling of vacancies.
  4. Duties of the Chairperson.
  5. The Agenda Setting for the Main TNF Meetings.
  6. Convening of Meetings.
  7. Decision of Main TNF.
  8. Minutes of Proceedings of Main TNF Meetings.

PART III

EstablishMEnt  oF tnF tEchnical coMMittEE

  1. Establishment of TNF Technical Committee.
  2. Establishment of Management Committee.PART IV

adMinistration  oF ForuM

  1. Establishment of the Secretariat.
  2. Employees of the Forum.

 

                                                                  PART V

Financing MEchanisM

  1. Financing Mechanism.
  2. Accounts of the Forum.
  3. Audit of Forum Accounts.

 

PART V oFFEncEs

  1. Confidentiality and use of information for private gain by members and employees. PART VII rEgulations
  2. Standing Rules of the Forum.

 

TriparTiTe NegoTiaTiNg Forum

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 BILL

 

 

To establish a Tripartite Negotiating Forum and to confer powers and functions on the Forum in relation to consultation, cooperation and negotiation on social and economic issues by Government, organised

5                  business and organised labour; and to provide for   matters connected therewith or incidental thereto.

5

                     ENACTED by the Parliament and the President of the Republic of Zimbabwe.

  

                                                                                   PART I

 

                                                                                  prEliMinary

 

 

 10          1 Short title and date of commencement

 

10                        This Act may be cited as the Tripartite Negotiating Forum Act, 2018.

 

 

                           2 Interpretation

 

                                In this Act—

                                             “business member” means a person appointed by the Minister in terms of

15

15                               section 3(5);

“Chairperson” means the Minister responsible for labour or any other Minister to whom the function may be delegated to by the President from time to time;

“cluster” means a sub-committee of the technical committee established    in

20                               terms of section 12;

H.B. 5, 2018.]

 

 

Printed by the Government Printer, Harare.

 

“co-Chairperson” means a designated Principal representing organised business or organised labour;

“economic cluster” means a sub-committee which deals with economic and related matters under the purview of the TNF;

“Forum” or “Tripartite Negotiating Forum” or “TNF” means the platform for social dialogue and negotiations over socio-economic issues involving tripartite partners which is comprised of three structures namely the Main TNF, Technical Committee and Secretariat;

“Government member” means a Minister in charge of a portfolio outlined in

5
the First  Schedule;

“Labour Market Cluster” means a sub-committee which deals with labour issues under the purview of the TNF;

“labour member” means a person appointed by the Minister in terms of section 3(5);

10
“Main TNF” means the apex structure of the TNF;

“Management Committee” means the committee composed of all members of the Agenda Setting Committee to which the secretariat reports;

“member” means any person appointed to represent Government, Organised Business or Organised Labour;

15
“Minister” means the Minister responsible for Labour or any  other Ministerto whom the President may from time to time assign the administration of this Act;

“observer” means an interested stakeholder outside the tripartite arrangement who is invited to witness the proceedings of the TNF;

20
“organised business” means federation of employers’ organisations   that arefounding parties of the TNF and any federation or association that is admitted thereafter; 25

“organised labour” means the federation of workers organisations that are the founding parties of the TNF and any federation association that is admitted

thereafter;

“principals of the TNF” means the Chairperson and co-Chairpersons; “recommendations” means a decision of the TNF referred to Cabinet;

“Secretariat” means the office established in terms of Part IV;

“social cluster” means a sub-committee which deals with social matters under

 30
the purview of the TNF;

“socio-economic policy” includes financial, fiscal and monetary policy, socio- economic, trade and industrial policy and development policy;

“special sitting” means a meeting of the Main TNF in which other stakeholders participate upon invitation;

35
“Technical Committee” means the Committee of  experts    drawn fromGovernment, organised Business and Organised Labour to support the work of the Main TNF; 40

“Tripartite Partners” means Government, organised Business and organised Labour;

 

PART II

tripartitE nEgotiating ForuM

3 Establishment and functions of Tripartite Negotiating Forum

(1)There is hereby established a Forum to be known as the Tripartite Negotiating

5 Forum, which shall be a body corporate capable of suing and being sued in its corporate name and subject to this Act, of performing all acts that a body corporate may by law perform.

(2)The Forum referred to in subsection (1) shall have three structures defined in this Act, namely the Main TNF, Technical Committee and the Management Committee.

10                     (3) The functions of the forum shall be to—

  • consult and negotiate over social and economic issues and submit recommendations to Cabinet; and
  • negotiate a social contract as and when necessary; and
  • foster cooperation of the tripartite constituents and consult other key

15                                stakeholders and contribute to the formulation and   implementation of social and economic policies; and

(d)    follow up and monitor the implementation of agreements; and (e)    generate and promote a shared national socio-economic vision.

(4)For the purposes of subsection (1) the Forum may, acting on its own

20      initiative—

  • gather public or expert opinion through public hearings, seminars, special sittings and broadcast debates among other means; or
  • undertake researches, fact finding missions and investigations where necessary; or

25 (c) invite other persons to attend the proceedings of the Main TNF for specific input; or

(d)   appoint the Main TNF members and observers.

(5)Pursuant to subsection (2) the Main TNF shall be constituted as follows—

  • 14 Government members appointed by the President representing 30 portfolios outlined in the Third Schedule:

Provided that the portfolios listed in the Third Schedule may be amended from time to time and any such amendments published through a statutory instrument by the Minister; and

  • seven labour members nominated by organised labour and appointed by

35                                the Minister in line with the formula provided in the   Fourth Schedule; and

(c)seven business members nominated by organised business and appointed by the Minister in line with the formula provided in the Fourth Schedule; and

40 (d)    two observers drawn from the Consumer Council of Zimbabwe and the National Economic Consultative Forum shall be appointed to the Forum by the Minister:

Provided that from time to time, other observers may attend the Forum’s meetings by invitation.

  4    Qualifications of Members

A person shall not be qualified for the appointment as a member unless he or she—

(a)is a citizen of Zimbabwe or permanently resident in Zimbabwe; or

(b)       has not in terms of a law in force in any country been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or

(c)       has not within the period of five years immediately preceding the date of his or her proposed appointment, been sentenced in any country to a

5
term of imprisonment of or exceeding six months without the option of a fine and has not received a free pardon.

 

  5    Removal of Business and Labour Members

It shall be the preserve of each constituency to remove a member from the Main TNF provided that the removal shall not take effect before the expiry of fourteen days

10
from the date of notification.

 

6     Filling of vacancies

Any positions that fall vacant shall be filled by the respective constituency not later than thirty days from the date of vacation.

 

7     Duties of Chairperson

15
(1) The Chairperson shall— (a)preside over all meetings; and

(b)         direct the debates; and

(c)         maintain order; and

(d)         ensure the observance of Standing Rules; and

20
(e)       accord or withdraw the right to address the meeting in accordance withthe provisions of the Standing Rules; and

(f)        have the right to take part in the discussions.

25
(2)    The Chairperson shall ensure the efficient functioning of the Forum through

regular and joint consultation with the co-Chairpersons, in the collective capacity as principals. 30

(3)    The Chairperson and co-Chairpersons shall jointly organise press

conferences from time to time.

(4)    In the absence of a Chairperson during a sitting or any part thereof, the

co-Chairperson shall preside alternatively.

(5)    A co-Chairperson acting as Chairperson shall have the same    rights and 35

duties as the Chairperson.(6)The Chairperson shall present recommendations of the Main TNF to Cabinet.

 

  8    The Agenda Setting for Main TNF Meetings

The agenda of the Main TNF shall be set by the Management Committee composed of representatives from the Ministry responsible for labour, organised labour and 40 organised business as nominated by the respective principals.

 

9 Convening of Meetings

  • The Main TNF shall convene at least two meetings in a year.
  • A meeting to consider urgent business shall be called for, subject to the agreement between the Chairperson and the co-Chairpersons.

5  (3) The Quorum shall be satisfied by the presence of fifty-percent of the members provided that all the constituent organisations are represented.

 

10 Decision of Main TNF

  • Decisions of the Main TNF shall be reached by consensus.
  • The decisions of the Main TNF within the domain of socio-economic policy 10 shall form recommendations to Cabinet.

 

                      11    Minutes of Proceedings of Main TNF Meeting

  • Minutes of the TNF shall be entered in books kept for the purpose.
  • Any minutes referred to in subsection (1) shall be signed by the Chairperson and co-Chairpersons and shall be accepted for all purposes as prima facie evidence of 15 the proceedings of and decisions taken at the meeting concerned.

 

PART III

EstablishMEnt oF TNF TEchnical CoMMittEE

 

12 Establishment of TNF Technical Committee

  • A TNF Technical Committee is hereby established to assist the Main TNF 20 in its work.
  • The Technical committee shall be headed by a designated Deputy Chief Secretary to the President and Cabinet and shall be comprised of experts or officials drawn from—

(a) Government Ministries;

25                     (b)    business; and

(c) labour organisations represented in the Main TNF:

Provided that the total number of appointees for Government shall be 14 and seven each for business and labour.

  • For better exercise of its function, the technical committee shall have three 30 clusters namely—

(a)Economic Cluster; and(b)Labour Market Cluster; and(c)Social Cluster.

  • The Chairperson of the Technical Committee shall appoint senior officials 35 from relevant Ministries to chair each of the clusters.
  • Pursuant to subsection (1) the Technical committee operating as a whole or in clusters and with the assistance of the secretariat shall inter-alia—
  • prepare documents for discussions in the Main TNF; and

 

 

  • carry out subject specific, researches and studies; and(c)deal with any matter as directed by the Main TNF.(6)The Chairperson and Vice Chairperson shall be of the opposite gender.

 

13 Establishment of Management Committee

(1) There is hereby established, a management committee composed of—              5

  • two representatives from the Ministry of Labour and two representatives each from organised business and organised labour respectively as nominated by the respective constituents:

Provided that they are members of the TNF Technical Committee

and are appointed by the Chairperson of the TNF;                                               10

  • the Chairperson of the TNF Technical Committee;
  • the Executive Director from the Secretariat who shall be an ex-officiomember;

(2)The Management committee shall be responsible for—

  • setting the agenda for TNF meetings; and 15
  • appointing the Executive Director; and
  • overseeing the operations of the Secretariat; and
  • to approve rules and regulations guiding the work of the Secretariat, including codes of conduct and conditions of employment.

(3) The Chairperson and vice-Chairperson shall be of the opposite gender.            20

 

PART IV

 

adMinistration oF ForuM

 

14 Appointment and functions of Executive Director of Tripartite

Negotiating Forum

  • There is hereby established a fulltime Secretariat to   perform the   25administrative work of the forum headed by an Executive Director.
  • Subject to this section, the Management Committee shall appoint, in consultation with the Minister, on such terms and conditions as the Management Committee may fix, a person to be the Executive Director of the Secretariat to the TNF

and, subject to any other law, may suspend or discharge such person.                                     30

  • No person shall be appointed as Executive Director and no person shall be qualified to hold office as Executive Director if he or she is not a citizen of Zimbabwe or ordinarily resident in Zimbabwe.
  • The appointment of the Executive Director shall terminate if he or she would be required in terms of paragraph 4 of the First Schedule to vacate his   or her         35office had that paragraph applied to him or her.
  • The Executive Director shall, subject to the Management Committee’s directions—
  • supervise and manage the Secretariat’s staff, activities, funds and property;

 

  • and perform such other functions on behalf of the Management Committee as the management Committee may assign to him or her.

(6)Any assignment of functions in terms of subsection (4)—

(a)        may be made generally or specially and subject to such conditions,

5 restrictions, reservations and exceptions as the management Committee may determine;

  • may be revoked by the Management Committee at any time;
  • shall not preclude the Management Committee itself from exercising the functions.

 

       10        15 Other staff of Secretariat

(1)The Executive Director shall, in consultation with the Management Committee and subject to Treasury concurrence, appoint such other staff as may be convenient or necessary for the proper exercise of its functions and, subject to any other law, may suspend or discharge such persons.

15  (2) Employees shall be appointed by the Executive Director under regulations approved by the Management Committee.

  • The Regulations referred to in subsection (1) shall provide the terms and conditions of employment, grievances and disciplinary procedures.
  • The Main TNF may, with the approval of the Minister make rules relating 20 to staff development.

 

                                                                                         PART V

 

Financing MEchanisM

 

FINANCIAL PROVISIONS

 

16 Funds of Forum

25                     (1) The funds of the Forum shall consist of—

  • such monies as may be payable to the Forum from monies appropriated for that purpose by Act of Parliament under the Minister responsible for the administration of this Act; and
  • any funds donated to the Forum for the purposes of carrying out its

30                                functions; and

  • The Forum shall make use of its funds to the fulfilment of its functions.
  • Monies not immediately required by the Forum may be invested in such a manner as the Forum, with the approval of the Minister and the Minister responsible for finance, considers appropriate.

 

       35        17 Accounts of Forum and appointment of internal auditor

  • The Forum shall ensure that proper accounts and other records relating to such accounts are kept in respect of all the Forum’s activities, funds and property, including such particular accounts and records as the Minister may direct.
  • As soon as possible after the end of each financial year, the Forum shall

40      prepare and submit to the Minister a statement of accounts in respect of that financial year or in respect of such other period as the Minister may direct.

(3) Section 80 of the Public Finance Management Act [Chapter 22:19] shall apply, with such changes as may be necessary, to the appointment of an internal auditor to the Forum in all respects as if the Forum were a Ministry or a department of a Ministry.

 

                  18    Audit of Accounts

(1)      The accounts of the Forum shall be audited by the Comptroller and Auditor- General, who for that purpose shall have the functions conferred on him or her by   sections 7 and 8 of the Audit Office Act [Chapter 22:18].

(2)      Any person under the authority or supervision of the Forum who refuses

to provide the Comptroller and Auditor-General with an explanation or   information

5
required by  him  or  her  for  the  purposes of  an  audit or  knowingly provides the Comptroller and Auditor-General with a false explanation or information, or  an explanation or information that the person has no grounds for believing to be true, shallbe guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. 10
(3) Notwithstanding anything contained in subsection (1),  the Comptroller

and Auditor-General may appoint a suitably qualified person to audit the accounts of the Forum and if he or she does so—

(a)    subsections (1) and (2) shall apply in respect of the person so appointed as if he or she were the Comptroller and Auditor-General; and

15
(b)    any expenses incurred by the person so appointed in carrying out his or her audit shall be met from the funds of the Forum.

 

PART VI

 

oFFEncEs

 

19    Confidentiality and use of information for private gain by members

20
and employees

(1)   No member or employee shall, for his or her personal gain, make use of

any information which has come to his or her knowledge in the exercise of his or her duties or the performance of his or her functions in terms of this Act.

(2)   Any member or employee on who contravenes subsection (1) shall be guilty

25
of an offence and liable to—

(a)       a fine not exceeding level ten or double the amount of his or her gain, whichever is the greater; or

(b)       imprisonment for a period not exceeding five years; or (c)to both such fine and such imprisonment.

 

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                                                                                     PART VII

 

rEgulations

 

20    Regulations

The Minister in consultation with the TNF may make regulations prescribing—

(a)    any matter which this Act is required or permitted to be described; and

35
(b)any matters which he or she considers necessary or expedient to prescribe in order to achieve the objects of this Act. 40

                  21    Standing Rules of Forum

 

Subject to the provisions of this Act the standing rules of the Forum shall provide among others for—

(a) objections to items on the agenda;

5                       (b)     motions and resolutions;

  • procedures for amending documents under discussion;
  • right to address the meeting;
  • decorum;
  • circulation of agenda;

10                     (g)    group autonomy;

  • caucus;
  • amendment of the standing rules.

 

                                                                  FIRST SCHEDULE (Section 2)

 

provisions applicablE to thE ForuM

 15         Paragraph

 

  1. Terms and conditions of office members.

 

  1. Disqualifications for appointment as member.

 

  1. Vacation of office by appointed members.

4.Filling of vacancies on Forum.

 

20          5.  Meetings and procedure of Forum.

 

  1. Remuneration and allowances of members of Committees.

 

  1. Minutes of proceedings of Committees.

 

  1. Validity of decisions and acts of Committees.

 

Terms and conditions of office of members

25  1. (1) A member shall hold office for a period not exceeding five years or for such period as the Ministry may fix at the time of his or her appointment.

(2)On the expiry of the period for which a member has been appointed the member shall continue to hold office until he or she has been reappointed or the member’s successor has been appointed:

30  Provided that a member shall not continue to hold office in terms of this subsection for more   than six months.

  • A retiring member shall be eligible for reappointment as a member.
  • Members shall hold office on such terms and conditions as the Ministry may fix.

Meetings and procedure of TNF

2.(1) Subject to this Act, the TNF shall meet for the dispatch of business and adjourn, close and otherwise regulate its meetings and procedures as it thinks fit.

  • The chairperson may himself or herself at any time and shall, at the request in writing of not fewer than two members, convene a special meeting of the TNF which 5meeting shall be convened for a date not sooner than seven days or later than thirty days after receipt of such request.
  • The chairperson or, in his or her absence, the vice-chairperson, shall preside at meetings for the TNF.
  • Subject to paragraph 9, at all meetings of the TNF each member present       10

shall have one vote on each question before the TNF: Provided that—

  • in the event of an equality of votes, the chairperson or person presiding shall have a casting vote in addition to his or her

deliberative vote;                                                                                                  15

  • no member shall take part in the consideration of, or vote on, any question before the TNF which relates to his or her relevant vacation of office as a member.

(5) Any proposal circulated among all members of the TNF and agreed to by a majority of them shall have the same effect as a resolution passed at a duly constituted   20meeting of the TNF and shall be incorporated in the minutes of the next succeeding meeting of the TNF:

Provided that, if a member requires that any such proposal be placed before the TNF, this subsection shall not apply to the proposal.

(6) With approval of the Minister, the TNF may co-opt any person to the TNF,

but a co-opted person shall have no vote in any decision by the TNF.

 

Remuneration and allowances of members of the Management Committee

3.(1) Members of the Management Committee shall be paid—

(a)such remuneration, if any; and

25
(b) such allowances to  meet reasonable expenses incurred by     them inconnection with the business of TNF, as the Minister may fix.

(2) Remuneration payable to a member of the TNF shall not be reduced during

his or her tenure of office.

 

Minutes of proceedings of the TNF

30
4.(1) The TNF shall cause minutes of all proceedings of and decisions taken atevery meeting of the TNF and of every TNF to be entered in books kept for the purpose.

(2) Any minutes referred to in subparagraph (1) which purport to be signed

by the person presiding at the meeting to which the minutes relate or by the person presiding at the next following meeting of the TNF or the TNF concerned, as the case

35
may be, shall be accepted for all purposes as prima facie evidence of the proceedingsand decisions taken at the meeting concerned. 40

Validity of decisions and acts of the TNF

  1. No decision or act of the TNF or act that is authorised by the TNF shall be invalid solely because there was a vacancy in the membership of the TNF or because a disqualified person purported to act as a member of the TNF, as the case may be, at 5 the time the decision was taken or the act was done or authorised.

 

SECOND SCHEDULE (Section 4(2))

 

ancillary powErs oF tripartitE nEgotiating ForuM

  1. To acquire premises necessary or convenient for the exercise of its functions and for that purpose to buy, take on lease or in exchange, hire or otherwise acquire immovable property and any interest therein and any rights concessions, grants, powers and privileges in respect thereof.
  2. To buy, take in exchange, hire or otherwise acquire movable property necessary or convenient for the exercise of its functions.
  3. To maintain, alter or improve property acquired by it.
  4. To mortgage any assets, or part of any assets and, with the approval of the Minister, to sell, exchange, lease, dispose of turn to account or otherwise deal with any assets or part of any assets which are not required for the exercise of its functions for such consideration as it may determine.
  5. To open bank accounts in the name of the Tripartite Negotiating Forum and to draw, make, accept, endorse, discount, execute and issue for the purposes of its functions promissory notes, bills of exchange, securities and other negotiable or transferable instruments.
  6. To insure against losses, damages, risks and liabilities which it may incur.
  7. With the approval of Minister, to establish and administer such funds and reserves not specifically provided for in this Act as the Tripartite Negotiating Forum considers appropriate or necessary for the proper exercise of its functions.
  8. To pay such remuneration and allowances and grant such leave of absence and to make such gifts, bonuses and the like to staff of the Tripartite Negotiating Forum as it considers fit.
  9. To provide pecuniary benefits for staff of the Tripartite Negotiating Forum on their retirement, resignation, discharge or other termination of service or in the event of their sickness or injury and for their dependants, and for that purpose to effect policies of insurance, provident funds or make such other provision as may be necessary to secure for its staff and their dependants any or all of the pecuniary benefits to which the provisions of this paragraph relate.
  10. To purchase, take on lease or in exchange or otherwise acquire land for residential purposes or dwellings-houses for use or occupation by staff of the Tripartite Negotiating Forum.
  11. To construct dwellings, outbuildings or improvements for use or occupation by members of the Tripartite Negotiating Forum.
  12. To provide or guarantee loans made to members of the Tripartite Negotiating Forum for the purchase of dwelling-houses or land for residential purposes, the construction of dwelling-houses and the improvement of dwelling houses or land which are the property of its members, subject to any conditions that may be imposed by the Tripartite Negotiating Forum from time to time.
  13. To provide security in respect of loans by the deposit of securities, in which the Tripartite Negotiating Forum may invest such money as it may consider necessary for the purpose.
  14. Subject to any conditions that may be imposed by the Tripartite Negotiating Forum from time to time, to provide loans to any members of the Tripartite Negotiating Forum—
    • for the purpose of purchasing vehicles or other equipment to be used by the members in carrying out their duties; or
    • not exceeding six months’ salary or wages payable to the members concerned, for any purpose on such security as the Tripartite Negotiating Forum thinks adequate.
  15. To do anything for the purpose of improving the skill, knowledge or usefulness of members of the Tripartite Negotiating Forum, and in that connection to provide or assist other persons in providing facilities for training, education and research, including the awarding of scholarships for such training.
  16. To engage in any activity, either alone or in conjunction with civil society organisations and other organisations or international agencies, to promote better understanding of gender issues.
  17. To do anything which by this Act or any other enactment is required or permitted to be done by the Tripartite Negotiating Forum.
  18. Generally to do all such things that are conducive to the performance of the functions of the Tripartite Negotiating Forum in terms of this Act or any other enactment.

 

THIRD SCHEDULE (Section 3) list oF govErnMEnt MEMbErs

The 14 Government members are drawn from the Ministries responsible for following portfolios—

  • Labour (Chairperson to the Main TNF);
  • Justice;
  • Finance and Economic Development;
  • Transport and Communication;
  • Industry and Commerce;
  • Economic Planning;
  • Information;
  • Energy;
  • Mines;
  • Public Service;
  • Environment;
  • Agriculture;
  • Tourism and Hospitality;

Other Government Ministries are invited to participate into the TNF whenever issues pertaining to their portfolios are under discussion.

The ratio of two Government members, one Business member and one Labour member in line with the Formula for the International Labour Conference is applied to come up with membership to the Main TNF.

Explanatory Note:—Portfolios may be in different configurations as ministries from time to time but the most important aspect is to assemble 14 Government members to sit in the Main TNF

 

FOURTH SCHEDULE (Section 3)

The members nominated by Business and Labour shall reflect the diverse representation in their respective constituents. These members shall be drawn consistent with a ratio of two Government members, one Business member and one Labour member. This is in line with the formula for the International Labour Conference.

 

TriparTiTe NegoTiaTiNg Forum

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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