Employment and Industrial Relations Act (Cap. 452)

Employment and Industrial Relations Act (Cap. 452), article 49

Official PDF on legislation.mt

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.

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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.