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The Employment And Industrial Relations Act, Cap.452 (Bill No. 20)

A Bill entitled

AN ACT to amend the Employment and Industrial Relations

Act, Cap. 452.

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:-

1. The short title of this Act is the Employment and Industrial Relations (Amendment) Act, 2009 and this Act shall be read and construed as one with the Employment and Industrial Relations Act, hereinafter referred to as “the principal Act”.

Short title.

C 639

2. In paragraph (b) of sub-article (1) of article 26 of the principal Act, immediately after the words “conditions of employment” there shall be inserted the words “or dismissal”.

3. In sub-article (2) of article 30 of the principal Act, for the words from “may order the payment” to “compensation to the aggrieved party”, both expressions included, there shall be substituted the words “shall order the payment of compensation for loss and damage sustained by the aggrieved party as a consequence of the breach”.

4. Sub-article (2) of article 81 of the principal Act shall be amended as follows:

Amendment of article 26 of the principal Act.

Amendment of article 30 of the principal Act.

Amendment of article 81 of the principal Act.

C 640 VERŻJONI ELETTRONIKA
(a) in paragraph (b) thereof, for the words “in all other cases” there shall be substituted the words “in all other cases other than cases alleging a breach of articles 26, 27, 28 or 29” and for the words “in order to remedy the breach.” there shall be substituted the words “in order to remedy the breach; and”; and
(b) immediately after paragraph (b) thereof as amended there shall be inserted the following new paragraph:
“(c) in cases alleging a breach of articles 26, 27,
28 or 29 the provisions of sub-article (2) of article 30 shall apply.”.

Objects and Reasons

The object of this Bill is to amend the Employment and Industrial Relations Act in line with Council Directive 2002/73/EC of the European Union.