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EXTRACTS FROM THE LABOUR
RELATIONS ACT - Labour Court and Labour Appeals Court
CONTENTS:
Chapter I Purpose,
Application and Interpretation
1. Purpose of this Act
2. Exclusion from application of this Act
3. Interpretation of this Act
Chapter II Freedom Of
Association And General Protections
4. Employees' right to freedom of
association
5. Protection of employees and persons seeking employment
6. Employers' right to freedom of association
7. Protection of employers' rights
8. Rights of trade unions and employers' organisations
9. Procedure for disputes
10. Burden of proof
Chapter III
Collective Bargaining
Chapter
IV Strikes and Lock-outs
Chapter
V Workplace Forums
Chapter
VI Trade Unions and Emloyer's Organisations
Chapter
VII Dispute Resolution
Chapter
VIII Unfair Dismissal
Chapter IX General
Provisions
198. Temporary Employment Services
199. Contracts of employment may not disregard or waive collective
agreements or arbitration awards
200. Representation of employees or employers
201. Confidentiality
202. Service of documents
203. Codes of good practice
204. Collective agreement, arbitration award or wage determination to be
kept by employer
205. Records to be kept by employer
206. Effect of certain defects and irregularities
207. Ministers empowered to add and change to Schedules
208. Regulations
209. This Act binds the State
210. Application of Act when in conflict with other laws
211. Amendment of laws
212. Repeal of laws, and transitional arrangements
213. Definitions
214. Short title and commencement
Schedule
1 Establishment of Bargaining Councils for Public Service
Schedule
2 Guidelines for Constitution of Workplace Forums
Schedule
3 Commission for Conciliation, Mediation and Arbitration
Schedule 4 Dispute
Resolution: Flow Diagrams
Schedule 5 Amendment Of
Laws
1. Amendment of section 1 of Basic
Conditions of Employment Act
2. Amendment of section 35 of Occupational Health and Safety Act, 1993
Schedule 6 Laws Repealed By
Section 212
Schedule
7 Transitional Arrangements
Schedule
8 Code of Good Practice: Dismissal
Schedule 9 Model
Constitution for a Statutory Council
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_______________________________________________________________________________________________
EXTRACT FROM THE LABOUR
RELATIONS ACT:
Preamble: Labour
Relations Act 66 of 1995
To change the law governing labour
relations and, for that purpose-
to give effect to section 27 of the
Constitution;
to regulate the organisational rights of
trade unions;
to promote and facilitate collective
bargaining at the workplace and at sectoral level;
to regulate the right to strike and the
recourse to lockout in conformity with the Constitution;
to promote employee participation in
decision-making through the establishment of workplace forums;
to provide simple procedures for the
resolution of labour disputes through statutory conciliation, mediation
and arbitration (for which purpose the Commission for Conciliation,
Mediation and Arbitration is established), and through independent
alternative dispute resolution services accredited for that purpose;
to establish the Labour Court and Labour
Appeal Court as superior courts, with exclusive jurisdiction to decide
matters arising from the Act;
to provide for a simplified procedure for
the registration of trade unions and employers' organisations, and to
provide for their regulation to ensure democratic practices and proper
financial control;
to give effect to the public
international law obligations of the Republic relating to labour
relations;
to amend and repeal certain laws relating
to labour relations; and
to provide for incidental matters.
(English text signed by the President.
Assented to 29 November 1995.)
BE IT ENACTED by the Parliament of the
Republic of South Africa as follows:-
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Chapter I
Purpose, Application And Interpretation
1. Purpose of this Act
The purpose of this Act' is to advance
economic development, social justice, labour peace and the democratisation
of the workplace by fulfilling the primary objects of this Act, which are-
(a) to give effect to and regulate the
fundamental rights conferred by section 27 of the Constitution ;
(b) to give effect to obligations
incurred by the Republic as a member state of the International Labour
Organisation;
(c) to provide a framework within
which employees and their trade unions, employers and employers'
organisations can-
(i) collectively bargain to determine
wages, terms and conditions of employment and other matters of mutual
interest; and
(ii) formulate industrial policy; and
(d) to promote-
(i) orderly collective bargaining;
(ii) collective bargaining at sectoral
level;
(iii) employee participation in
decision-making in the workplace; and
(iv) the effective resolution of labour
disputes.
2. Exclusion from application of this Act
This Act does not apply to members of-
(a) the National Defence Force;
(b) the National Intelligence Agency; and
(c) the South African Secret Service.
3. Interpretation of this Act
Any person applying this Act must interpret
its provisions-
(a) to give effect to its primary
objects;
(b) in compliance with the Constitution;
and
(c) in compliance with the public
international law obligations of the Republic.
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Chapter II
Freedom Of Association And General
Protections
4. Employees' right to freedom of
association
(1) Every employee has the right-
(a) to participate in forming a trade
union or federation of trade unions; and
(b) to join a trade union, subject to its
constitution.
(2) Every member of a trade union has the
right, subject to the constitution of that trade union-
(a) to participate in its lawful
activities;
(b) to participate in the election of any
of its office-bearers, officials or trade union representatives;
(c) to stand for election and be eligible
for appointment as an office bearer or official and, if elected or
appointed, to hold office; and
(d) to stand for election and be eligible
for appointment as a trade union representative and, if elected or
appointed, to carry out the functions of a trade union representative in
terms of this Act or any collective agreement.
(3) Every member of a trade union that is a
member of a federation of trade unions has the right, subject to the
constitution of that federation-
(a) to participate in its lawful
activities;
(b) to participate in the election of any
of its office-bearers or officials; and
(c) to stand for election and be eligible
for appointment as an office-bearer or official and, if elected or
appointed, to hold office.
5. Protection of employees and persons
seeking employment
(1) No person may discriminate against an
employee for exercising any right conferred by this Act.
(2) Without limiting the general protection
conferred by subsection (1), no person may do, or threaten to do, any of
the following-
(a) require an employee or a person
seeking employment-
(i) not to be a member of a trade union
or workplace forum;
(ii) not to become a member of a trade
union or workplace, forum; or
(iii) to give up membership of a trade
union or workplace forum;
(b) prevent an employee or a person
seeking employment from exercising any right conferred by this Act or
from participating in any proceedings in terms of this Act; or
(c) prejudice an employee or a person
seeking employment because of past, present or anticipated-
(i) membership of a trade union or
workplace forum;
(ii) participation in forming a trade
union or federation of trade unions or establishing a workplace forum;
(iii) participation in the lawful
activities of a trade union, federation of trade unions or workplace
forum;
(iv) failure or refusal to do something
that an employer may not lawfully permit or require an employee to do;
(v) disclosure of information that the
employee is lawfully entitled or required to give to another person;
(vi) exercise of any right conferred by
this Act; or
(vii) participation in any proceedings
in terms of this Act.
(3) No person may advantage, or promise to
advantage, an employee or a person seeking employment in exchange for that
person not exercising any right conferred by this Act or not participating
in any proceedings in terms of this Act.
However, nothing in this section precludes
the parties to a dispute from concluding an agreement to settle that
dispute.
(4) A provision in any contract, whether
entered into before or after the commencement of this Act, that directly
or indirectly contradicts or limits any provision of section 4, or this
section, is invalid, unless the contractual provision is permitted by this
Act.
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6. Employers' right to freedom of
association
(1) Every employer has the right-
(a) to participate in forming an
employers' organisation or a federation of employers' organisations; and
(b) to an employers' organisation,
subject to its constitution.
(2) Every member of an employers'
organisation has the right, subject to the constitution of that employers'
organisation-
(a) to participate in its lawful
activities;
(b) to participate in the election of any
of its office-bearers or officials; and
(c) if-
(i) a natural person, to stand for
election and be eligible for appointment as an office-bearer or
official and, if elected or appointed, to hold office;
(ii) a juristic person, to have a
representative stand for election, and be eligible for appointment, as
an office-bearer or official and, if elected or appointed, to hold
office.
(3) Every member of an employers'
organisation that is a member of a federation of employers' organisations
has the right, subject to the constitution of that federation-
(a) to participate in its lawful
activities;
(b) to participate in the election of any
of its office-bearers or o and
(c)
(i) a natural person, to stand for
election and be eligible for appointment as an office-bearer or
official and, if elected or appointed, to hold office; or
(ii) a juristic person, to have a
representative stand for election, and be eligible for appointment, as
an office-bearer or official and, if elected or appointed, to hold
office.
7. Protection of employers' rights
(1) No person may discriminate against an
employer for exercising any right conferred by this Act.
(2) Without limiting the general protection
conferred by subsection (1), no person may do, or threaten to do, any of
the following-
(a) require an employer-
(i)) not to be a member of an employers'
organisation;
(ii) not to become a member of an
employers' organisation; or
(iii) to give up membership of an
employers' organisation;
(b) prevent an employer from exercising any
right conferred by this Act or from participating in any proceedings in
terms of this Act; or
(c) prejudice an employer because of past,
present or anticipated-
(i) membership of an employers'
organisation;
(ii) participation in forming an
employers' organisation or a federation of employers' organisations;
(iii) participation in the lawful
activities of an employers' organisation or a federation of employers'
organisations;
(iv) disclosure of information that the
employer is lawfully entitled or required to give to another person;
(v) exercise of any right conferred by
this Act; or
(vi) participation in any proceedings in
terms of this Act.
(3) No person may advantage, or promise to
advantage, an employer in exchange for that employer not exercising any
right conferred by this Act or not participating in any proceedings in
terms of this Act. However, nothing in this section precludes the parties
to a dispute from concluding an agreement to settle that dispute.
(4) A provision in any contract, whether
entered into before or after the commencement of this Act, that directly
or indirectly contradicts or limits any provision of section 6, or this
section, is invalid, unless the contractual provision is permitted by this
Act.
8. Rights of trade unions and employers'
organisations
Every trade union and every employers'
organisation has the right-
(a) subject to the provisions of Chapter
VI
(i) to determine its own constitution and
rules; and
(ii) to hold elections for its
office-bearers, officials and representatives;
(b) to plan and organise its administration
and lawful activities;
(c) to participate in forming a federation
of trade unions or a federation of employer's organisations;
(d) to join a federation of trade unions or
a federation of employers' organisations, subject to its constitution, and
to participate in its lawful activities; and
(e) to affiliate with, and participate in
the affairs of, any international workers' organisation or international
employers' organisation or the International Labour Organisation, and
contribute to, or receive financial assistance from, those organisations.
9. Procedure for disputes
(1) If there is a dispute about the
interpretation or application of any provision of this Chapter, any party
to the dispute may refer the dispute in writing to-
(a) a council, if the parties to the
dispute fall within the registered scope of that council; or
(b) the Commission, if no council has
jurisdiction.
(2) The party who refers the dispute must
satisfy the council or the Commission that a copy of the referral has been
served on all the other parties to the dispute.
(3) The council or the Commission must
attempt to resolve the dispute through conciliation.
(4) If the dispute remains unresolved, any
party to the dispute may refer it to the Labour Court for adjudication.
10. Burden of proof
In any proceedings-
(a) a party who alleges that a right or
protection conferred by this Chapter has been infringed must prove the
facts of the conduct; and
(b) the party who engaged in that conduct
must then prove that the conduct did not infringe any provision of this
Chapter.
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hapter III
Collective Bargaining
Chapter
IV Strikes and Lock-outs
Chapter
V Workplace Forums
Chapter
VI Trade Unions and Emloyer's Organisations
Chapter
VII Dispute Resolution
Chapter
VIII Unfair Dismissal
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Chapter IX
General Provisions
198. Temporary Employment Services
(1) In this section, "temporary
employment service" means any person who, for reward, procures for or
provides to a client other persons-
(a) who render services to, or perform
work for, the client; and
(b) who are remunerated by the temporary
employment service.
(2) For the purposes of this Act, a person
whose services have been procured for or provided to a client by a
temporary employment service is the employee of that temporary employment
service, and the temporary employment service is that person's employer.
(3) Despite subsections (1) and (2), a
person who is an independent contractor is not an employee of a temporary
employment service, nor is the temporary employment service the employer
of that person.
(4) The temporary employment service and
the client are jointly and severally liable if the temporary employment
service, in respect of any of its employees, contravenes-
(a) a collective agreement concluded in a
bargaining council that regulates terms and conditions of employment;
(b) a binding arbitration award that
regulates terms and conditions of employment;
(c) the Basic Conditions o Employment
Act; or
(d) a determination made in terms of the
Wage Act.
(5) Two or more bargaining councils may
agree to bind the following persons, if they fall within the combined
registered scope of those bargaining councils, to a collective agreement
concluded in any one of them-
(a) temporary employment service;
(b) a person employed by a temporary
employment service; and
(c) a temporary employment service
client.
(6) An agreement concluded in terms of
subsection (5) is binding only if the collective agreement has been
extended to non-parties within the registered scope of the bargaining
council.
(7) Two or more bargaining councils may
agree to bind the following persons, who fall within their combined
registered scope, to a collective agreement-
(a) temporary employment service;
(b) a person employed by a temporary
employment service; and
(c) a temporary employment service's
client.
(8) An agreement concluded in terms of
subsection (7) is binding only if-
(a) each of the contracting bargaining
councils has requested the Minister to extend the agreement to
non-parties falling within its registered scope;
(b) the Minister is satisfied that the
terms of the agreement are not substantially more onerous than those
prevailing in the corresponding collective agreements concluded in the
bargaining councils; and
(c) the Minister, by notice in the
Government Gazette, has extended the agreement as requested by all the
bargaining councils that are parties to the agreement.
199. Contracts of employment may not
disregard or waive collective agreements or arbitration awards
(1) A contract of employment, whether
concluded before or after the coming into operation of any applicable
collective agreement or arbitration award, may not-
(a) permit an employee to be paid
remuneration that is less than that prescribed by that collective
agreement or arbitration award;
(b) permit an employee to be treated in a
manner, or to be granted any benefit, that is less favourable than that
prescribed by that collective agreement or arbitration award; or
(c) waive the application of any
provision of that collective agreement or arbitration award.
(2) A provision in any contract that
purports to permit or grant any payment, treatment, benefit, waiver or
exclusion prohibited by subsection (1) is invalid.
200. Representation of employees or
employers
(1) A registered trade union or registered
employers' organisation may act in any one or more of the following
capacities in any dispute to which any of its members is a party-
(a) in its own interest;
(b) on behalf of any of its members;
(c) in the interest of any of its
members.
(2) A registered trade union or a
registered employers' organisation is entitled to be a party to any
proceedings in terms of this Act if one or more of its members is a party
to those proceedings.
201. Confidentiality
(1) A person commits an offence by
disclosing any information relating to the financial or business affairs
of any other person or any business, trade or undertaking if the
information was acquired by the first-mentioned person in the performance
of any function or exercise of any power in terms of this Act, in any
capacity, by or on behalf of-
(a) a council;
(b) any independent body established by a
collective agreement or determination to grant exemptions from the
provisions of the collective agreement or determination;
(c) the registrar;
(d) the Commission; and
(e) an accredited agency.
(2) Subsection (1) does not apply if the
information was disclosed to enable a person to perform a function or
exercise a power in terms of this Act.
(3) A person convicted of an offence in
terms of this section may be sentenced to a fine to be determined by the
court, or imprisonment.
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202. Service of documents
(1) If a registered trade union or a
registered employers' organisation acts on behalf of any of its members in
a dispute, service on that trade union or employers' organisation of any
document directed to those members in connection with that dispute, will
be sufficient service on those members for the purposes of this Act.
(2) Service on the Office of the State
Attorney of any legal process directed to the State in its capacity as an
employer is service on the State for the purposes of this Act.
203. Codes of good practice
(1) NEDLAC may-
(a) prepare and issue codes of good
practice; and
(b) change or replace any code of good
practice.
(2) Any code of good practice, or any
change to or replacement of a code of good practice, must be published in
the Government Gazette.
(3) Any person interpreting or applying
this Act must take into account any relevant code of good practice.
204. Collective agreement, arbitration
award or wage determination to be kept by employer Unless a collective
agreement, arbitration award or determination made in terms of the Wage
Act provides otherwise, every employer on whom the collective agreement,
arbitration award, or determination is binding must-
(a) keep a copy of that collective
agreement, arbitration award or determination available in the workplace
at all times;
(b) make that copy available for
inspection by any employee; and
(c) give a copy of that collective
agreement, arbitration award or determination-
(i) to an employee who has paid the
prescribed fee; and
(ii) free of charge, on request, to an
employee who is a trade union representative or a member of a
workplace forum.
205. Records to be kept by employer
(1) Every employer must keep the records
that an employer is required to keep in compliance with any applicable-
(a) collective agreement;
(b) arbitration award;
(c) determination made in terms of the
Wage Act.
(2) An employer who is required to keep
records in terms of subsection (1) must-
(a) retain those records in their
original form or a reproduced form for a period of three years from the
date of the event or end of the period to which they relate; and
(b) submit those records in their
original form or a reproduced form in response to a demand made at any
reasonable time, to any agent of a bargaining council, commissioner or
any person whose functions in terms of this Act include the resolution
of disputes.
(3) (a) An employer must keep a record of
the prescribed details of any strike, lock-out or protest action involving
its employees.
(b) An employer must submit those records
in the prescribed manner to the registrar.
206. Effect of certain defects and
irregularities
(1) Despite any provision in this Act or
any other law, a defect does not invalidate-
(a) the constitution or the registration
of any registered trade union, registered employers' organisation or
council;
(b) any collective agreement or
arbitration award that would otherwise be binding in terms of this Act;
(c) any act of a council; or
(d) any act of the director or a
commissioner.
(2) A defect referred to in subsection (1)
means-
(a) a defect in, or omission from, the
constitution of any registered trade union, registered employers'
organisation or council;
(b) a vacancy in the membership of any
council; or
(c) any irregularity in the appointment
or election of-
(i) a representative to a council;
(ii) an alternate to any representative
to a council;
(iii) a chairperson or any other person
presiding over any meeting of a council or a committee of a council;
or
(iv) the director or a commissioner.
207. Ministers empowered to add and change
to Schedules
(1) The Minister, after consulting NEDLAC,
by notice in the Government Gazette, may add to, change or replace any
Schedule to this Act, including a Schedule which at any time may have been
added to this Act but excluding Schedules I and 7.
(2) The Minister for the Public Service and
Administration, after consulting NEDLAC and the Public Service
Co-ordinating Bargaining Council, by notice in the Government Gazette, may
add to, change or replace Schedule 1.
(3) The Minister, after consulting NEDLAC,
by notice in the Government Gazette, may add to this Act a further
Schedule containing a model constitution for a statutory council.
(4) The Minister for the Public Service and
Administration, after consulting the Public Service Co-ordinating
Bargaining Council, by notice in the Government Gazette, may add to this
Act a further schedule regulating the establishment and the constitutions
of workplace forums in the public service.
(5) The Minister may add to, change or
replace any page header or footnote.
(6) The Minister, in consultation with the
Minister of Trade and Industry and after consulting NEDLAC, by notice in
the Government Gazette, may add to this Act a further schedule listing
institutions referred to in section 32(4).
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208. Regulations
The Minister, after consulting NEDLAC and
when appropriate, the Commission, may make regulations not inconsistent
with this Act relating to-
(a) any matter that in terms of this Act
may or must be prescribed; and
(b) any matter that the Minister considers
necessary or expedient to prescribe or have governed by regulation in
order to achieve the primary objects of this Act.
209. This Act binds the State
This Act binds the State.
210. Application of Act when in conflict
with other laws
If any conflict, relating to the matters
dealt with in this Act, arises between this Act and the provisions of any
other law save the Constitution or any Act expressly amending this Act,
the provisions of this Act will prevail.
211. Amendment of laws
Each of the laws referred to in items I and
2 of Schedule 5 is hereby amended to the extent specified in those items.
212. Repeal of laws, and transitional
arrangements
(1) Each of the laws referred to in the
first two columns of Schedule 6 is hereby repealed to the extent specified
opposite that law in the third column of that Schedule.
(2) The repeal of those laws does not
affect any transitional arrangements made in Schedule 7.
(3) The transitional arrangements in
Schedule 7 must be read and applied as substantive provisions of this Act.
213. Definitions
In this Act, unless the
context otherwise indicates" area" includes any number of areas,
whether or not contiguous;
" auditor" means any person who
is registered to practise in the Republic as a public accountant and
auditor;
"bargaining council" means a
bargaining council referred to in section 27 and includes, in relation to
the public service, the bargaining councils referred to in section 35;
"Basic Conditions of Employment
Act" means the Basic Conditions of Employment Act, 1983 (Act No. 3 of
1983);
" code of good practice" means a
code of practice issued by NEDLAC in terms of section 203(1) of this Act;
"collective agreement" means a
written agreement concerning terms and conditions of employment or any
other matter of mutual interest concluded by one or more registered trade
unions, on the one hand and, on the other hand-
(a) one or more employers;
(b) one or more registered employers'
organisations; or
(c) one or more employers and one or more
registered employers' organisations; " council" includes a
bargaining council and a statutory council;
(d)"director" means the
director of the Commission appointed in terms of section II 8(1) and
includes any acting director appointed in terms of section 119;
"dismissal" means dismissal as defined in section 186;
(e)"dispute" includes an
alleged dispute;
(f) " employee "54 means
(a) any person, excluding an
independent contractor, who works for another person or for the State
and who receives, or is entitled to receive, any remuneration; and
(b) any other person who in any manner
assists in carrying on or conducting the business of an employer, and
"employed" and "employment" have meanings
corresponding to that of " employee";
" employers' organisation" means
any number of employers associated together for the purpose, whether by
itself or with other purposes, of regulating relations between employers
and employees or trade unions;
" essential service" means
(a) a service the interruption of which
endangers the life, personal safety or health of the whole or any part
of the population;
(b) the Parliamentary service;
(c) the South African Police Services;
"issue in dispute", in relation
to a strike or lock-out, means the demand, the grievance, or the dispute
that forms the subject matter of the strike or lock-out;
54. "Employee" is given a
different and specific meaning in section 78 in Chapter V. "legal
practitioner" means any person admitted to practise as an advocate or
an attorney in the Republic;
"lock-out" means the exclusion by
an employer of employees from the employer's workplace, for the purpose of
compelling the employees to accept a demand in respect of any matter of
mutual interest between employer and employee, whether or not the employer
breaches those employees' contracts of employment in the course of or for
the purpose of that exclusion;
"Minister" means the Minister of
Labour;
"NEDLAC" means the National
Economic Development and Labour Council established by section 2 of the
National Economic, Development and Labour Council Act, 1994 (Act No. 35 of
1994);
" office-bearer" means a person
who holds office in a trade union, employers' organisation, federation of
trade unions, federation of employers' organisations or council and who is
not an official;
" official", in relation to a
trade union, employers' organisation, federation of trade unions or
federation of employers' organisations means a person employed as the
secretary, assistant secretary or organiser of a trade union, employers'
organisation or federation, or in any other prescribed capacity, whether
or not that person is employed in a full-time capacity. And, in relation
to a council means a person employed by a council as secretary or in any
other prescribed capacity, whether or not that person is employed in a
full-time capacity;
" operational requirements" means
requirements based on the economic, technological, structural or similar
needs of an employer;
" prescribed" means prescribed
from time to time by regulation in terms of section 208;
"protest action" means the
partial or complete concerted refusal to work, or the retardation or
obstruction of work, for the purpose of promoting or defending the
socioeconomic interests of workers, but not for a purpose referred to in
the definition of strike;
"public service" means the public
service referred to in section l(l) of the Public Service Act, 1994
(promulgated by Proclamation No. 103 of 1994), and includes any
organisational component contemplated in section 7(4) of that Act and
specified in the first column of Schedule 2 to that Act, but excluding-
(a) the members of the National Defence
Force;
(b) the National Intelligence Agency; and
(c) the South African Secret Service.
" registered scope" means-
(a) in the case of the Public Service
Co-ordinating Bargaining Council, the public service as a whole, subject
to section 36;
(b) in the case of bargaining councils
established for sectors in the public service, the sector designated by
the Public Service Co-ordinating Bargaining Council in terms of section
37(1) or by the President in terms of section 37(2) or (4);
(c) in the case of any other council, the
sector and area in respect of which it is registered in terms of this
Act;
"registrar" means the registrar
of labour relations appointed in terms of section 108 and includes-
(a) any deputy registrar appointed in
terms of that section when acting on the direction or under a general or
special delegation of the registrar; and
(b) any acting registrar appointed in
terms of that section;
" remuneration" means any payment
in money or in kind, or both in money and in kind, made or owing to any
person in return for that person working for any other person, including
the State, and "remunerate" has a corresponding meaning;
"Republic"-
(a) when used to refer to the State as a
constitutional entity, means the Republic of South Africa as defined in
section I of the Constitution; and
(b) when used in the territorial sense,
means the national territory of the Republic as defined in section I of
the Constitution;
" sector" means, subject to
section 37, an industry or a service;
" serve " means to send by
registered post, telegram, telex, telefax or to deliver by hand;
" statutory council" means a
council established in terms of Part E of Chapter 111;
" strike" means the partial or
complete concerted refusal to work, or the retardation or obstruction of
work, by persons who are or have been employed by the same employer or by
different employers, for the purpose of remedying a grievance or resolving
a dispute in respect of any matter of mutual interest between employer and
employee, and every reference to "work" in this definition
includes overtime work, whether it is voluntary or compulsory;
"this Act" includes the section
numbers, the Schedules, except Schedules 4 and 8, and any regulations made
in terms of section 208, but does not include the page headers, the
headings or footnotes;
"trade union" means an
association of employees whose principal purpose is to regulate relations
between employees and employers, including any employers' organisations;
"trade union representative"
means a member of a trade union who is elected to represent employees in a
workplace-,
"Wage Act" means the Wage Act,
1957 (Act No. 5 of 1957);
" working hours" means those
hours during which an employee is obliged to work;
" workplace"-
(a) in relation to a sector in the public
service in respect of which a bargaining council has been established in
terms of section 37 has the meaning that the responsible Minister
determines after having consulted the bargaining council;
(b) in relation to the remainder of the
public service, has the meaning that the Minister for the Public Service
and Administration determines after having consulted the Public Service
Co-ordinating Bargaining Council;
(c) in all other instances means the
place or places where the employees of an employer work. If an employer
carries on or conducts two or more operations that are independent of
one another by reason of their size, function or organisation, the place
or places where employees work in connection with each independent
operation, constitutes the workplace for that operation; and
" workplace forum" means a
workplace forum established in terms of Chapter V.
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214. Short title and commencement
(1) This Act is called the Labour Relations
Act, 1995.
(2) This Act comes into operation on a date
fixed by the President by proclamation in the Government Gazette.
SCHEDULES:
Schedule
1 Establishment of Bargaining Councils for Public Service
Schedule
2 Guidelines for Constitution of Workplace Forums
Schedule
3 Commission for Conciliation, Mediation and Arbitration
Schedule 4
Dispute Resolution: Flow Diagrams
This Schedule contains flow diagrams that
provide guidelines to the procedures for the resolution of some of the
more important disputes that may arise under this Act. This Schedule is
not part of this Act. It does not have the force of law. The flow diagrams
are intended only to provide assistance to those parties who may become
involved in a dispute.
The flow diagrams do not indicate the
rights that parties may have to seek urgent interim relief, nor do they
indicate the right of review or appeal that parties have to the Labour
Court or the Labour Appeal Court in certain cases. This Act sets out the
circumstances in which these rights are available.
Awards and determinations by arbitrators
are enforceable ultimately by the Labour Court.
FLOW DIAGRAM I [Currently unavailable]
Chapter 11 (Section 9)
Footnotes:
1 . This procedure is relevant to the
interpretation or application of Chapter II. For example, if an employer
threatens to dismiss an employee unless the employee resigns from a trade
union, that employee can enforce the rights conferred by this chapter in
terms of this
The flow diagrams do not indicate the
rights that parties may have to seek urgent interim relief, nor do they
indicate the right of review or appeal that parties have to the Labour
Court or the Labour Appeal Court in certain cases. This Act sets out the
circumstances in which these rights are available.
Awards and determinations by arbitrators
are enforceable ultimately by the Labour Court.
1 . This procedure is relevant to the
interpretation or application of Chapter II. For example, if an employer
threatens to dismiss an employee unless the employee resigns from a trade
union, that employee can enforce the rights conferred by this chapter in
terms of this
"(3) The Mines and Works Act, 1956
(Act No. 27 of 1956), the Wage Act, 1957 (Act No. 5 of 1957), the Manpower
Training Act, 1981 (Act No. 56 of 1981) and the Labour Relations Act,
1995, as well as any matter regulated under any of them in respect of an
employee, shall not be affected by this Act, but this Act shall apply in
respect of any such employee in so far as a provision thereof provides for
any matter which is not regulated by or under any of the said Acts in
respect of such employee.".
2. Amendment of section 35 of Occupational
Health and Safety Act, 1993
Section 35 of the Occupational Health and
Safety Act, 1993 (Act No. 85 of 1993), is hereby amended-
(a) by the substitution for the words
"Industrial court", wherever they occur in subsection (3), of
the words "Labour Court"; and
(b) by the substitution for subsection
(4) of the following subsection-
"(4) Any person who wishes to
appeal in terms of subsection (3), shall within 60 days after the
chief inspector's decision was given, lodge the appeal with the
registrar of the Labour Court in accordance with the Labour Relations
Act, 1995, and the rules of the Labour Conn. ".
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Schedule 6
Laws Repealed By Section 212
Number and year of law Short title Extent
of repeal
Act No.28 of 1956 Labour Relations Act,
1956 The whole
Act No.41 of 1959 Industrial Conciliation
Amendment Act, 1959 The whole
Act No.18 of 1961 Industrial Conciliation
Amendment Act, 1961 The whole
Act No.43 of 1966 Industrial Conciliation
Amendment Act, 1966 The whole
Act No.61 of 1966 Industrial Conciliation
Further Amendment Act, 1966 The whole
Act No.104 of 1967 Industrial Conciliation
Amendment Act, 1967 The whole
Act No.21 of 1970 Industrial Conciliation
Amendment Act, 1970 The whole
Act No.94 of 1979 Industrial Conciliation
Amendment Act, 1979 The whole
Act No.95 of 1980 Industrial Conciliation
Amendment Act, 1980 The whole
Act No.57 of 1981 Labour Relations
Amendment Act, 1981 The whole
Act No.51 of 1982 Labour Relations
Amendment Act, 1982 The whole
Act No. 2 of 1983 Labour Relations
Amendment Act, 1983 The whole
Act No.81 of 1984 Labour Relations
Amendment Act, 1984 The whole
Act No.83 of 1988 Labour Relations
Amendment Act, 1988 The whole
Act No. 9 of 1991 Labour Relations
Amendment Act, 1991 The whole
Act No.129 of 1993 General Law Third
Amendment Act, 1993 Section 9 only
Act No.146 of 1993 Education Labour
Relations Act, 1993 The whole
Act No.147 of 1993 Agricultural Labour Act,
1993 Chapter I only
Act No.50 of 1994 Agricultural Labour
Amendment Act, 1994 Section I only
Proclamation No.105 Public Service Labour
Relations Act, 1994 The whole of 1994
Proclamation No.128 Education Labour
Relations Act, Amendment The whole except of 1994
Proclamation, 1994 section 6
Proclamation No.134 Sections 1 and 2 only
of 1994
South African Police Service Labour
Relations Regulations, The whole 1995
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