Section 19
Prohibition on employers and their trade union in respect of certain acts
(1)
No employer or trade union of employers, and no person acting on behalf of an employer or such trade union, shall —
(a)
impose any condition in a contract of employment seeking to restrain the right of a person who is a party to the contract to join a trade union, or to continue his membership in a trade union;
(b)
refuse to employ any person on the ground that he is or is not a member or an officer of a trade union;
(c)
discriminate against any person in regard to employment, promotion, condition of employment or working conditions, on the ground that he is or is not a member or officer of a trade union;
(d)
dismiss or threaten to dismiss a worker, injure or threaten to injure him in his employment or alter or threaten to alter his position to his prejudice by reason that the worker —
(i)
is or proposes to become, or seeks to persuade any other person to become, a member or officer of a trade union;
or
(ii)
participates in the promotion, formation or activities of a trade union; or
(e)
induce a person to refrain from becoming or to cease to be a member or officer of a trade union by conferring or offering to confer any advantage on or by procuring or offering to procure any advantage for any person.
(2)
Any employer or trade union of employers, or any person acting on behalf of an employer or such trade union, who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $6,000, imprisonment for a term not exceeding 6 months or both.
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Provisions of Societies Act (Chapter 203) and Companies Act
(Chapter 39), not to apply to trade unions 20.
The Societies Act (Chapter 203) and the Companies Act (Chapter 39)
do not, except for the purpose of section 17(2), apply to a trade union, and the registration of any trade union under either such Act shall be void.
Liability to render accounts 21.
(1)
Every treasurer or other officer of a registered trade union shall, at such times as by the rules thereof he is called upon to do, render to the members thereof, at a meeting of the trade union, a just and true account of all moneys received and paid by him since he last rendered the same account or, if no previous account has been rendered, since the formation of the trade union and of the balance then remaining in his hands, and of all bonds and securities of such trade union.
(2)
Such account shall be audited by a qualified accountant who has obtained a written authority from His Majesty the Sultan and Yang
Di-Pertuan under the law of the registration of companies in
Brunei Darussalam to be an auditor of the accounts of companies generally.
(3)
Upon the account being audited, the treasurer or other officer, as the case may be, shall, if so required, hand over to the trade union the balance which on such audit appeared to be due from him, and shall also if required hand over to the trade union all securities and effects, books, papers and property of the trade union in his hands or custody.
(4)
If the treasurer or other officer fails to hand over such moneys, securities and effects, books, papers and property of the trade union as in subsection (3) required, the committee of management of the trade union or any member for and on behalf of the trade union may sue him in any court having jurisdiction —
(a)
for the balance appearing to have been due from him upon the account last rendered by him, or, if no such account has previously been so rendered, for the balance appearing to be due since the formation of the trade union;
(b)
for all moneys received by him since such previously rendered account or, as the case may be, since the formation of the trade union; and
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(c)
for the securities and effects, books, papers and property in his hands or custody, leaving him to set off in such action the sums, if any, which he may have since paid on account of such trade union.
(5)
The Registrar may, for the purposes of exercising any power of enforcement pursuant to this Act or any other written law, at any time, order the books, accounts, vouchers, documents, securities and funds of any trade union to be inspected and audited by any independent auditors, and it shall be the duty of the secretary, treasurer and other officers of a trade union to make available all the accounts, books, documents, vouchers, securities and funds of the trade union for such purposes.
Application of funds 22.
The funds of a registered trade union may, subject to any limitation contained in the rules thereof and to the provisions of this Act, be expended only for the following objects —
(a)
the payment of salaries, allowances and expenses to officers of the trade union;
(b)
the payment of expenses of the administration of the trade union, including audit of the accounts of the funds of the trade union;
(c)
the prosecution or defence of any legal proceedings to which the trade union or any member thereof is a party, when such prosecution or defence is undertaken for the purposes of securing or protecting any rights of the trade union or any rights arising out of the relations of any member with his employer or with a person whom the member employs;
(d)
the conduct of trade disputes on behalf of the trade union or any member thereof;
(e)
compensation of members for loss arising out of trade disputes;
(f)
allowances to members or their dependants on account of death, old age, sickness, accidents or unemployment of such members;
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(g)
expenditure on trade union, education and training; and
(h)
any other object which, by notification published in the
Gazette the Minister may declare to be an object for which such funds may be expended.
Prohibition of payment of fines and penalties 23.
The funds of a registered trade union shall not be applied either directly or indirectly in payment of the whole or any part of any fine or penalty imposed upon any person by sentence or order of a court.
Use of funds for political purposes 24.
The funds of a registered trade union shall not be applied either directly or indirectly in payment of contributions to any political party whether within or outside Brunei Darussalam.
Audited accounts to be sent to Registrar 25.
(1)
Every registered trade union shall transmit to the Registrar the accounts prepared and audited in accordance with section 21
within 3 months of the end of the financial year to which the accounts relate.
(2)
Every officer of a registered trade union which fails to comply with the provisions of this section is guilty of an offence and liable on conviction to a fine of $3,000.
Inspection of accounts and documents 26.
The account books of a registered trade union and a list of its members thereof shall be open to inspection —
(a)
by any officer or member of the trade union at such times as may be provided for in the rules of the trade union; and
(b)
by the Registrar at any reasonable time.
(2)
Any person who prevents or obstructs the inspection of the account books of a registered trade union by an officer or member of such trade union at a time prescribed by the rules thereof for such purpose or by the Registrar at any reasonable time is guilty of an offence and liable on conviction to a fine of $3,000.
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Rules of registered trade unions 27.
(1)
The rules of every registered trade union shall contain provisions in respect of the several matters mentioned in the Schedule.
(2)
A copy of such rules shall be supplied by the trade union to any person on demand on payment of a sum not exceeding $10 or such other sum as may be prescribed by the Minister.
Alteration of rules of trade unions etc.