Section 79 - Freedom of Association

(1) Every worker has the right to form or join a trade union of his or her choice for the promotion and protection of the worker's economic and social interests.

(2) Notwithstanding subsection (1), a worker whose function is normally considered as

(a) policy making;

(b) decision making;

(c) managerial;

(d) holding a position of trust;

(e) performing duties that are of highly confidential nature; or

(f) an agent of a shareholder of an undertaking, may not form or join trade unions.

(3) Subject to subsection (4), the classes of workers referred to in subsection (2) shall be determined by agreement between the employer and the workers or trade unions.

(4) In determining whether a worker falls within the class of workers referred to in subsection (2), the parties shall consider the organisational structure and job descriptions or functions of the worker concerned.