LABOUR RELATIONS ACT
To change the law governing labour relations and, for that purpose-
- to give effect to section 27 of the Constitution;
- to regulate the organizational 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 lock-out 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' organizations, 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.
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-
- to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution;
- to give effect to obligations incurred by the Republic as a member state of the International Labour Organisation;
to provide a framework within which employees and their trade unions, employers and employers' organisations can-
- collectively bargain to determine wages, terms and conditions of employment and other matters of mutual interest; and
formulate industrial policy; and
to promote-
- orderly collective bargaining;
- collective bargaining at sectoral level;
- employee participation in decision-making in the workplace ; and
- the effective resolution of labour disputes.
Notes:
1. An italicised word or phrase indicates that the word or phrase is defined in section 213 of this Act. In the hypertext version the italicised words are replaced by underlined green words which, when clicked, pop up the appropriate definition from Section 213.
2. Section 27, which is in the Chapter on Fundamental Rights in the Constitution entrenches the following rights:
- Every person shall have the right to fair labour practices
- Workers shall have the right to form and join trade unions, and employers shall have the right to form and join employers' organisations.
- Workers and employers shall have the right to organise and bargain collectively.
- Workers shall have the right to strike for the purpose of collective bargaining.
- Employers' recourse to the lock-out for the purpose of collective bargaining shall not be impaired, subject to subsection 33(1).
2. Exclusion from application of this Act
This Act does not apply to members of-
- the National Defence Force;
- the National Intelligence Agency; and
- the South African Secret Service.
3. Interpretation of this Act
Any person applying this Act must interpret its provisions-
- to give effect to its primary objects;
- in compliance with the Constitution; and
- in compliance with the public international law obligations of the Republic .