S.L. 452.172 Art. 23Transitional provisions.

(1) Notwithstanding any other provision of these regulations, where a worker has been seconded or supplied to a parastatal entity or a Government entity consequent to the closure of any other parastatal or Government entity, and where a collective agreement applicable to such worker remains in force as at the date of the coming into force of these regulations, such worker shall not be entitled to institute any proceedings of whatsoever nature under these regulations in relation to any difference in pay for equal work or work of equal value, solely in relation to the parastatal entity or a Government entity to which such worker was seconded or supplied, for such period during which the said collective agreement remains in force under the conditions established in such collective agreement, which shall include, for avoidance of any doubt, any transitory clauses extending the terms of such collective agreement until a new collective agreement is entered into.

(2) The provisions of sub-regulation (1) shall apply, mutatis mutandis, to any other worker employed by an entity to which a worker has been seconded or supplied in the manner specified in sub-regulation (1), in relation to any difference in pay for equal work or work of equal value, solely in relation to employees who have been seconded or supplied with such entities.

(3) The provisions of sub-regulations (1) and (2) shall constitute temporary transitional measures for the purpose of regulating collective agreements between employers and workers which are in force as at the date of the coming into force of these regulations.

(4) Upon the expiry of a collective agreement referred to in regulation 22(1), a seconded or supplied worker, shall be entitled to the same pay and benefits as those applicable to employees of the entity to which he is seconded or supplied.

(5) In the case of parastatal entities or a Government entities, a seconded or supplied worker who enjoys pay or conditions of service which are more favourable than those applicable to employees of the entity to which he is placed with shall only be entitled to receive such pay or conditions of service where such worker performs duties which are dissimilar to, or additional to, the duties performed by employees of the said entity based on objective criteria.

(6) The terms of any collective agreement in force at the time of the coming into force of these regulations, in accordance with the conditions established in such collective agreement, which shall include, for the avoidance of any doubt, any transitory clauses extending the terms of such collective agreement until a new collective agreement is entered into, shall be considered to be valid and compliant with the terms of these regulations. During such period, no recourse shall lie against an employer in so far as such recourse relates to any possible breach of the terms of this regulation arising as a result of any terms agreed in such collective agreement. For the avoidance of doubt any action pursuant to any difference in pay for equal work or work of equal value, resulting from the breach of such collective agreement shall be permissible.