Labour Relations Act, LRA Labour Court and Labour Appeals Court

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Schedule 6 Laws Repealed By Section 212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

_______________________________________________________________________________________________

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:-

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.

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.

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

(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;

(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.

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

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.

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).

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.

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

Awards and determinations by arbitrators are enforceable ultimately by the Labour Court.

"(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. ".

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