Clause 44

by inserting, immediately after paragraph (d) of the definition of “employer” in section 2, the following paragraph:“(e)for the purposes of Parts IV, V and VI, the transferor of an undertaking whose employment of employees is transferred by virtue of section 18A of the Employment Act [Cap. 91];”.(b)by inserting, immediately after the words “terms of employment” in the fourth line of the definition of “industrial matters” in section 2, the words “, the transfer of employment”;

by deleting the full-stop at the end of the definition of “trade union” in section 2 and substituting a semi-colon, and by inserting immediately thereafter the following definitions:“ “transfer of employment” means the transfer of an employee’s employment from the transferor of an undertaking to the transferee pursuant to section 18A of the Employment Act [Cap. 91];“transferee” means the person to whom an undertaking is transferred and who becomes the employer of the transferor’s employees by virtue of section 18A of the Employment Act;“undertaking” includes any trade or business.”;

by inserting, immediately after subsection (5) of section 16, the following subsection:“(6) Subsection (1) shall not apply to the extent that a trade union of employees is deemed to be recognised by a transferee under section 18A(8) of the Employment Act [Cap. 91].”;

by deleting paragraph (b) of section 26 and substituting the following paragraph:“(b)any successor to, or any transferee, assignee or transmittee of, the undertaking of an employer bound by an agreement, including any corporation which has acquired or taken over the undertaking of such an employer;”;

by deleting the words “section 48(6) or 49(3)” in section 31(b) and substituting the words “section 50(1)”;

by inserting, immediately after paragraph (b) of section 31, the following paragraph:“(ba)a trade union which or an employer who is a party to a trade dispute as to any matter arising from or connected with a transfer of employment makes a request in writing, whether before or after the transfer of employment, to the Registrar that the trade dispute be submitted to arbitration;”;

by deleting the words “section 50” in section 34(1)(b) and substituting the words “section 49”;

by inserting, immediately after section 35, the following section:“Award relating to trade dispute over transfer of employment35A. Where the Court has cognizance of a trade dispute between a trade union and an employer arising from or connected with a transfer of employment, the Court’s power to make an award relating to the dispute under section 35 shall include the powers —

to delay or prohibit the transfer of employment of an employee who is a member of the trade union; and

to order that the transfer of employment of the employee who is a member of the trade union be subject to such terms as the Court considers just.”;

by deleting paragraph (d) of section 39(1) and substituting the following paragraph:“(d)any successor to, or any transferee, assignee or transmittee of, the undertaking of an employer who was a party to the trade dispute or of an employer bound by the award, including any corporation which has acquired or taken over the undertaking of such an employer;”;

by deleting the words “a business” in the second and in the third lines of section 39(2) and substituting in each case the words “an undertaking”; and

by deleting the word “business” in the penultimate line of section 39(2) and substituting the word “undertaking”.