Contracts of Service
Page 51
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CONTRACTS for the rendering of personal services (other than services as a director, except a managing director, or a director whose functions are substantially those of an employee) are transferred with an undertaking, subject to the provision that after the date of transfer, the services to be rendered shall be any reasonably comparable services under the Commission to be selected by the Commission (Sec. 43 (3) (f) and (5)).
NEGOTIATING MACHINERY The Commission is placed under a duty to seek consultation with any organization appearing to be appropriate, to agree to the establishment and maintenance of machinery for the settlement, by negotiation, of the terms and conditions of employment and the promotion and encouragement of measures affecting the safety, health and welfare of employees (Sec. 95).
PENSIONS
The Minister may make regulations for providing pensions for employees, and where provision is made by such regulations for amending, repealing or revoking any existing pension scheme, the regulations shall be so framed as to secure that persons having pension rights are not placed in any worse position by reason of the amendment, repeal or revocation (Sec. 98). COMPENSATION FOR LOSS OF OFFICE The Minister must also make regulations requiring the Commission to pay compensation to ofiicers or servants of any person whose undertaking, or part of whose undertaking, is transferred to the Commission by notice of acquisition given under Part III of the Act, who suffer loss of employment or loss or diminution of emoluments or pension rights, or whose position is worsened in consequence of the transfer effected in pursuance of the notice of acquisition (Sec. 101 (1)).
Different regulations may be made for different chases of person and they may contain provisions enabling appeals, as to whether any or what compensation is payable, to he brought to a Referee, or Board of Referees, after consultation with the Lord Chancellor, appointed by the Minister of Labour and National Service (Sec. 101 (3)).
'the Minister is not to regard any scheme as satisfactory for the purposes of the Eighth Schedule to the Act, and shall not give his approval to any agreement, unless he is satisfied that appropriate provision has been, or will be, made for payment of appropriate compensation to officers and servants who suffer loss of employment or loss or diminution of emoluments or pension rights, or whose position is worsened in consequence of the transfer in question (Sec. 102),