Labour Relations Regulations

1. Definitions

In these regulations, any expression that is defined in the Act has that meaning and unless the context otherwise indicates-

"annexure" means a document attached to these regulations;

"the Act" means the Labour Relations Act, 1995 (Act No. 66 of 1995); and

"the Constitution" means the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993).

2. Service

Whenever a party is required to satisfy the Commission or the Registrar that a copy of a referral, objection or other document has been served on another party, the party so required must provide the Commission or Registrar with-

1. a copy of the proof of mailing the referral, objection or other document by registered post to the other party;
2. a copy of the telegram, telex or telefax communicating the referral, objection or other document to the other party;
3. a copy of a receipt signed by the other party or on that party's behalf if the copy of the referral, objection or other document was delivered by hand; or
4. a statement confirming service signed by the person who delivered a copy of the referral, objection or other document to the other party.

3. Subpoenas

1. A subpoena issued in terms of the Act must be served -

1. by delivering a copy of it to the person subpoenaed personally;

2. by sending a copy of it by registered post to the subpoenaed person's -

   1. residential address;
   2. place of business or employment; or

   3. post office box or private bag number; or

3. by leaving a copy of it at the subpoenaed person's residence or place of business or employment with a person who apparently-

   1. is at least sixteen years of age; and

   2. is residing or employed there.

2. A subpoena issued in terms of section 142(1) of the Act must be in the form of annexure LRA 7.16.

3. A subpoena issued in terms of section 142(1) as applied by section 33(1) of the Act must be in the form of annexure LRA 3.10.

4. Witness fees

1. The fee payable to a witness in terms of section 142(7) of the Act is the total of-

1. R100 for each day or part of a day during which the witness is required to be present at any proceedings; and
2. reasonable substantiated travel and subsistence expenses incurred by the witness in order to be present at those proceedings.

2. Despite subregulation (1), no witness fee may be paid to a person who, at the time of the relevant proceedings, is employed full-time by the state, or is a member of any legislature mentioned in the Constitution.

5. Access to documents

Any person may inspect any document that the Act permits at the office of the Registrar, in Pretoria, at any time between 08h30 and 12h00 and between 13h30 and 15h30 on Mondays to Fridays.

6. Fees for documents

1. Whenever an employer provides an employee with a copy of a collective agreement, arbitration award, or Wage Act determination in terms of section 204(c)(i) of the Act, the employer may charge a fee of no more than R0.50 for each page of that copy.

2. The registrar may charge the fee shown in column 3 of Table LRA 1 for a service listed in column 2 of that Table.

3. All fees referred to in subregulation (2) must be paid in advance in revenue stamps.

7. Form of Requests and Applications

1. Whenever a request or application is contemplated in terms of a section of the Act shown in column 1 of Table LRA 2 for a purpose listed in column 2 of that Table, the request or application must be in the form of the annexure listed opposite that section number in column 3 of that Table, and must be produced subject to any conditions listed opposite that section number in column 4 of that Table.

2. The registrar has the power to assign an official to verify from the membership lists the figures furnished in respect of representativeness in an industry or sector.

7A. Form of bargaining council constitution

A bargaining council may adopt a constitution -

1. in the form of Form 3.24 ; or
2. in any other form that meets the requirements of section 30(1) of the Act.

8. Form of Certificates or Particulars

1. A certificate issued by the Commission in terms of sections 64(1)(a)(i) , 135(5)(a) or 136(1)(a) of the Act must be in the form of annexure LRA 7.12.

2. Whenever a certificate or statement of particulars is contemplated in terms of a section of the Act shown in column 1 of Table LRA 3 for a purpose listed in column 2 of that Table , the document must be in the form of the annexure listed opposite that section number in column 3 of that Table, and must be produced subject to any conditions listed opposite that section number in column 4 of that Table.

9. Form of Notices, Demands and Appeals

Whenever a Notice, Demand or Appeal is contemplated in terms of a section of the Act shown in column 1 of Table LRA 4 for a purpose listed in column 2 of that Table, the document must be in the form of the annexure listed opposite that section number in column 3 of that Table, and must be produced subject to any conditions listed opposite that section number in column 4 of that Table.

10. Forms of Records, Reports, Statements, Lists and Registers

Whenever a Record, Report, Statement, List or Register is contemplated in terms of a section of the Act shown in column 1 of Table LRA 5 for a purpose listed in column 2 of that Table, the document must be in the form of the annexure listed opposite that section number in column 3 of that Table, and must be produced subject to any conditions listed opposite that section number in column 4 of that Table.

11. Form of Proposals, Resolutions and Referrals

1. A request to the Commission to arbitrate a dispute in terms of sections 16(9) , 21(7), 21(11) , 22(4) , 24(5) , 24(6) , 45(4) , 61(13) , 74(4) , 86(7) , 89(6) , 94(4) , 133(2)(b) , 141(4) , 191(5)(a) or 196(9) or item 3(4)(b) of Part B of Schedule 7 to the Act must be made in the form of annexure LRA 7.13.

2. A referral of a dispute to the Commission for conciliation in terms of sections 9(1) , 16(6) , 21(4), 21(11) , 22(1) , 24(2), 24(6) , 26(11) , 45(1) , 61(10) , 63(1) , 64(1)(a), 64(2) , 69(8) , 74(1) , 86(4)(b) , 89(3) , 94(1) , 134 , 191(1) or 196(6) or item 3(1)(b) of Part B of Schedule 7 to the Act by the Commission, must be made in the form of annexure LRA 7.11.

3. Whenever a Proposal, Resolution or Referral is contemplated in terms of a section of the Act shown in column 1 of Table LRA 6, for a purpose listed in column 2 of that Table, the document must be in the form of the annexure listed opposite that section number in column 3 of that Table, and must be produced subject to any conditions listed opposite that section number in column 4 of that Table.

12. Labour Court

The oath to be taken or solemn affirmation to be made before the Judge President of the Labour Court in terms of section 154(6) of the Act by a person who has been appointed a judge of the Labour Court and who is not a judge of the Supreme Court, must be in the following form:

"I.................................. .swear/solemnly affirm that, as a Judge of the Labour Court, I will be faithful to the Republic of South Africa, will uphold and protect the Constitution; and will administer justice to all persons alike without fear, favour or prejudice, in accordance with the constitution and the law.

(In the case of an oath: So help me God.)

13. Provincial Directors, Department of Labour

Whenever the Act or a regulation requires a document to be delivered to the Provincial Director of the Department of Labour within a particular jurisdiction, any document in respect of a matter within a geographical jurisdiction listed in column 1 of Table LRA 7 must be delivered to the Provincial Director, Department of Labour at the address shown opposite that jurisdiction in column 2 of that Table.

14. Short title and commencement

Index of Forms annexed to Regulations

(Organised according to the sequence of the Act. An index organised according to Activities and Organisations is also gazetted, but is not reproduced here.)

Note that the forms themselves are not reproduced here or a as Word documents. They are available from your nearest Department of Labour office.