Chapter 9 : Employment Conditions Commission

60. Composition of Commission

(1)           The Minister must, after consultation with NEDLAC, appoint as members of the Commission three persons who are knowledgeable about the labour market and conditions of employment, including the conditions of employment of vulnerable and unorganised workers, and designate one of them as the chairperson.

(2)           The Minister must, in addition, appoint to the Commission

(a)          one member and one alternate member nominated by the voting members of NEDLAC representing organised labour;

(b)          one member and one alternative member nominated by the voting members of NEDLAC representing organised business.

(3)           The chairperson and members of the Commission—

(a)          must be citizens or permanent residents of the Republic;

(b)          must act impartially when performing any function of the Commission;

(c)           may not engage in any activity that may undermine the integrity of the Commission; and

(d)          must recuse themselves from advising the Minister on any matter in respect of which they have a direct financial interest or any other conflict of interest.

(4)           The Minister must determine—

(a)          the term of office of the chairperson and members of the Commission, which may not be more than three years;

(b)          with the concurrence of the Minister of Finance, the remuneration and allowances to be paid to members of the Commission; and

(c)           any other conditions of appointment not provided for in this section.

(5)           The Minister must appoint a member to act as chairperson whenever—

(a)          the chairperson is absent from the Republic or from duty, or for any reason is temporarily unable to function as chairperson; or

(b)          the office of chairperson is vacant.

(6)           A person whose period of office as the chairperson or a member of the Commission has expired is eligible for reappointment.

(7)           The chairperson or a member of the Commission may resign in writing.

(8)           The Minister may remove the chairperson or a member of the Commission from office for—

(a)          serious misconduct;

(b)          permanent incapacity; or

(c)           engaging in any activity that may undermine the integrity of the Commission.