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The Trade Union and Labour Relations (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

Right not to suffer deduction of unauthorised or excessive subscriptions

35.—(1) Where arrangements (“subscription deduction arrangements”) exist between the employer of a worker and a trade union relating to the making from workers' wages of deductions representing payments to the union in respect of the workers' membership of the union (“subscription deductions”), the employer shall ensure—

(a)that no subscription deduction is made from wages payable to the worker on any day (“the relevant day”) unless it is an authorised deduction, and

(b)that the amount of any subscription deduction which is so made does not exceed the permitted amount.

(2) For the purposes of paragraph (1)(a) a subscription deduction is an authorised deduction in relation to the relevant day if—

(a)a document containing the worker’s authorisation of the making from his wages of subscription deductions has been signed and dated by the worker, and

(b)the authorisation is current on that day.

(3) For the purposes of paragraph (2)(b) an authorisation is current on the relevant day if that day falls within the period of three years beginning with the day on which the worker signs and dates the document containing the authorisation and paragraph (4) does not apply.

(4) This paragraph applies if a document containing the worker’s withdrawal of the authorisation has been received by the employer in time for it to be reasonably practicable for him to secure that no subscription deduction is made from wages payable to the worker on the relevant day.

(5) For the purposes of paragraph (1)(b) the permitted amount in relation to the relevant day is—

(a)the amount of the subscription deduction which falls to be made from wages payable to the worker on that day in accordance with the subscription deduction arrangements, or

(b)if there is a relevant increase in the amount of subscription deductions and appropriate notice has not been given by the employer to the worker at least one month before that day, the amount referred to in sub-paragraph (a) less the amount of the increase.

(6) So much of the increase referred to in paragraph (5)(b) is relevant as is not attributable solely to an increase in the wages payable on the relevant day.

(7) In paragraph (5)(b) “appropriate notice” means, subject to paragraph (8), notice in writing stating—

(a)the amount of the increase and the increased amount of the subscription deductions, and

(b)that the worker may at any time withdraw his authorisation of the making of subscription deductions by giving notice in writing to the employer.

(8) Where the relevant increase is attributable to an increase in any percentage by reference to which the worker’s subscription deductions are calculated, paragraph (7) shall have effect with the substitution, in sub-paragraph (a), for the reference to the amount of the increase and the increased amount of the deductions of a reference to the percentage before and the percentage after the increase.

(9) A worker’s authorisation of the making of subscription deductions from his wages shall not give rise to any obligation on the part of the employer to the worker to maintain or continue to maintain subscription deduction arrangements.

(10) Where arrangements, whether included in subscription deduction arrangements or not, exist between the parties to subscription deduction arrangements for the making from workers' wages of deductions representing payments to the union which are additional to subscription deductions, the amount of the deductions representing such additional payments shall be treated for the purposes of this Article (where they would otherwise not be so treated) as part of the subscription deductions.

(11) In this Article and Article 36 “employer”, “wages” and “worker” have the same meanings as in Part II of the Wages Order.

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