Section 10
of Industrial Relations Act 1967
Section 10
(2)
No employer shall declare a lock-out or terminate the services of a workman once a trade union of workmen has served on the employer or a trade union of employers to which the employer belongs, a claim for recognition under subsection 9(2) in respect of workmen or a class of workmen:
Provided that this restriction shall not apply—
(a)
where a dismissal is effected on disciplinary grounds;
(b)
where the claim for recognition is deemed to have been withdrawn under subsection 9(4) or has been decided by the
Director General under subsection 9(5); or
(c)
where a termination is due to retirement, expiry of a fixed term contract, non-confirmation of a probationer or being medically boarded out.
(3)
For the purpose of subsection (2) “lock-out” includes—
(a)
the closing of a place of employment;
(b)
the suspension of work; or
(c)
the refusal by an employer to continue to employ any number of workmen employed by him, effected during the pendency of proceedings under section 9.
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