This Article is Part 3 of our series on the amendments to the
Bermuda employment and labour legislation that will be coming into
effect on 1 June 2021.
This article will focus specifically on the introduction of the
Labour Relations and Trade Union (Consolidation) Act 2020
(TULRCA) and the following primary changes to the
labour law:
- The changes to the union
certification and decertification process
- The establishment of civil
penalties
- Introduction of a single Tribunal to
hear employment and labour disputes.
Union Certification
"Certification" is the formal process by which a group
of employees (a "shop") who have collectively determined
that they wish to be unionised go about becoming members of a
union. The group of employees will serve a notice on the employer
and the union that they desire certification and a vote will occur
where at least 60 percent of the eligible employees must vote in
favour of certification to succeed.