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Decree Of 8 December 1984, On The Protection Of Workers ' Representatives In The Undertaking And To Provide Their Facilities

Original Language Title: DECREET van 8 december 1984, houdende bescherming van de vertegenwoordigers van werknemers in de onderneming en de hun te verlenen faciliteiten

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DECREE of 8 december 1984, on the protection of workers ' representatives in the undertaking and to provide their facilities (Decree Protecting employees ' representatives) (S.B. 1984 no. 97).

Article 1

Workers and employers, without distinction, have the right without prior approval to establish organizations of their own choice, as well as the right to be a member thereof.

Article 2

Workers ' and employers ' organizations have the right to draw up their statutes and regulations, freely to choose their representatives, their organization and work and their work programmes.

Article 3

It is prohibited, the employer to take action of any kind, including dismissal, against members or representatives of the workers who can be considered representative for the employees or for a specific category thereof in an enterprise, if these measures are taken on the basis of their status as employees ' representatives or the associated activities, their membership of a trade union or their participation in vakbondsaktiviteiten as far as these acts directly with labor relations or association-rights related and they have acted in accordance with the applicable legal regulations, collective agreements or other agreements in force.

Article 4

Having regard to the provisions of the previous article, is the employer required to provide adequate facilities within the company to the employees ' representatives so that they can exercise their vakbondsfunkties properly, provided that such facilities do not impede the proper funktionering of the company.

Article 5

1. Any measure taken by the employer in violation of the provisions of this Decree is void.

2. In the case of a dispute or a measure which is contrary to this Decree, as referred to in paragraph 1, the decision on this matter at the discretion of the Minister in charge of labour matters.

Article 6

1. Without prejudice to article 5, any employer who violates the provisions of this Decree, liable to a fine not exceeding ten thousand guilders or detention of not more than six months.

2. in paragraph 1 The fact is considered a punishable offense.

3. If a bee, or punishable under this Decree fact is committed by a legal person, the criminal proceedings and the sentence pronounced against the established members of the Board or in Suriname in the absence of those members, by the representative of the legal person in Suriname.

4. The provisions of the previous paragraph will apply mutatis mutandis with regard to legal persons, acting as Director or representative of another legal person or a natural person.

5. no penalty is pronounced against the Member of the Board or against the representative, from which it appears that the fact has been committed outside of his actions.

Article 7

The provisions of this Decree do not affect in any way the provisions of the Decree Recognizing Trade Union Confederation employees (S.B. 1981 No. 163).

Article 8

1. This Decree, that may be referred to as "Decree Protecting employees ' representatives", will be announced in the Official Gazette of the Republic of Suriname.

2. It shall enter into force with effect from the day following that of its publication.