Whether section 11 of the Pension Act which gives powers to the Minister to
exempt any class or category of employers and employees from complying with the
requirements of the mandatory occupational pension scheme is unconstitutional
and
Whether the inclusion of domestic workers in the Minister’s Pension
(Exemptions) Order made pursuant to section 11 of the Pension Act is
unconstitutional on the ground that it infringes upon the rights of domestic
workers under sections 13, 20, 30 (3) and 31 (1) of the Constitution
40. Section 11(1) of the Pension Act provides that: -
The Minister, in consultation with the Minister responsible for labour and with
the registrar, may, by order published in the Gazette, exempt any class or
category of employers or employees from complying with the requirements of
this Part.
41. The Pension (Exemptions) Order, made pursuant to section 11 of the Pension
Act has listed 10 exemptions. They are - the President; the First VicePresident; the Second Vice-President; a member of Parliament; a councilor; a
domestic worker; an employee on a non-renewable contract for a specified
task, whose term does not exceed a period of six months; an employee who,
at the time of engagement, is above the retirement age of the employer; an
expatriate and a seasonal employee on a non-renewable contract.
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