Employment and Industrial Relations Act (Cap. 452)
Employment and Industrial Relations Act (Cap. 452), article 49
49. (1) A trade union and an employers’ association shall, for
all purposes of law, be treated a s an association of persons an d not
as a body corporate, but -
(a) it shall be capable of making contracts;
(b) all property belonging to the union or association shall
vest in the union or association, but all powers,
whether of disposal, administration or otherwise, in
relation to such property shall be exercisable by or by
the authority of the body of persons, by whatever name
called, entrusted by the rules of the union or
association with the conduct and management of its
business;
(c) it shall be capable of suing and, subject to the
provisions of this Act, of being sued, whether in
proceedings relating to p roperty or founded on
contract, tort or quasi-tort, or any other cause of action
whatsoever;
38 CAP. 452.] EMPLOYMENT AND INDUSTRIAL RELATIONS
Cap. 249.
(d) proceedings in respect of any offence alleged to have
been committed by it or on its behalf may be brought
against any of its officers or other officials as provided
in article 13 of the Interpretation Act ;
(e) any judgement or order made in any proceedings shall
be enforceable against any property of the union or
association.
(2) The purposes of any trade union or employers’ association
shall not, by reason only that the y are in restraint of trade, be
unlawful so as -
(a) to make any member of the union or association liable
to criminal pr oceedings; or
(b) to make any agreement void or voidable, nor shall any
such rule of a trade union or employers’ association be
unlawful or unenforceable by reason only that it is in
restraint of trade.
Rules of trade
unions and
employers’
associations.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.