Opening Remarks

 1. Purpose of this Act

 2. Exclusion from application of this Act

 3. Interpretation of this Act

 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

 A: Organisational Rights

 11. Trade union representativeness

 12. Trade union access to workplace

 13. Deduction of trade union subscriptions or levies

 14. Trade union representatives

 15. Leave for trade union activities

 16. Disclosure of information

 17. Restricted rights in domestic sector

 18. Right to establish thresholds of representativeness

 19. Certain organisational rights for trade union...

 20. Organisational rights in collective agreements

 21. Exercise of rights conferred by this Part

 22. Disputes about organizational rights

 B: Collective Agreements

 23. Legal effect of collective agreement

 24. Disputes about collective agreements

 25. Agency shop agreements

 26. Closed shop agreements

 C: Bargaining Councils

 27. Establishment of bargaining councils

 28. Powers and functions of bargaining council

 29. Registration of bargaining councils

 30. Constitution of bargaining council

 31. Binding nature of collective agreement...

 32. Extension of collective agreement...

 33. Appointment and powers of designated agents...

 34. Amalgamation of bargaining councils

 D: Bargaining Councils in the Public Service

 35. Bargaining councils in public service

 36. Public Service Co-ordinating Bargaining Council

 37. Bargaining councils in sectors in public service

 38. Dispute resolution committee

 E: Statutory Councils

 39. Application to establish statutory council

 40. Establishment and registration of statutory council

 41. Establishment and registration... in absence of agreement

 42. Certificate of registration of statutory council

 43. Powers and functions of statutory councils

 44. Ministerial determinations

 45. Disputes about determinations

 46. Withdrawal of party from statutory council

 47. Appointment of new representative of statutory council

 48. Change of status of statutory council

 F: General Provisions concerning Councils

 49. Representativeness of council

 50. Effect of registration of council

 51. Dispute resolution functions of council

 52. Accreditation... or appointment of accredited agency

 53. Accounting records and audits

 54. Duty to keep records and provide information to registrar

 55. Delegation of functions to committee of council

 56. Admission of parties to council

 57. Changing constitution or name of council

 58. Variation of registered scope of council

 59. Winding-up of council

 60. Winding-up of council by reason of insolvency

 61. Cancellation of registration of council

 62. Disputes about demarcation between sectors and areas

 63. Disputes about Parts A and C to F

 64. Right to strike and recourse to lock-out

 65. Limitations on right to strike or recourse to lock-out

 66. Secondary strikes

 67. Strike or lock-out in compliance with this Act

 68. Strike or lock-out not in compliance with this Act

 69. Picketing

 70. Essential services committee

 71. Designating a service as an essential service

 72. Minimum services

 73. Disputes about whether a service is an essential service

 74. Disputes in essential services

 75. Maintenance services

 76. Replacement labour

 77. Protest action to promote or defend socio-economic interests...

 78. Definitions in this Chapter

 79. General functions of workplace forum

 80. Establishment of workplace forum

 81. Trade union based workplace forum

 82. Requirements for constitution of workplace forum

 83. Meetings of workplace forum

 84. Specific matters for consultation

 85. Consultation

 86. Joint decision-making

 87. Review at request of newly established workplace forum

 88. Matters affecting more than one workplace forum...

 89. Disclosure of information

 90. Inspection and copies of documents

 91. Breach of confidentiality

 92. Full-time members of workplace forum

 93. Dissolution of workplace forum

 94. Disputes about workplace forums

 A: Registration and Regulation

 95. Requirements for registration...

 96. Registration of trade unions or employers' organisations

 97. Effect of registration...

 98. Accounting records and audits

 99. Duty to keep records

 100. Duty to provide information to registrar

 101. Changing constitution or name...

 102. Amalgamation of trade unions or employers' organisations

 103. Winding-up of registered... organizations

 104. Winding-up... by reason of insolvency

 105. Cancellation of registration of trade unions...

 106. Cancellation of registration of... organisations

 B: Regulations of Federations

 107. Regulation of federations of... organisations

 C: Registrar of Labour Relations

 108. Appointment of registrar of labour relations

 109. Functions of registrar

 110. Access to information

 D: Appeals from Registrar's Decision

 111. Appeals from registrar's decision

 A: Commission for Conciliation, Mediation and Arbitration

 112. Establishment of Commission...

 113. Independence of Commission

 114. Area of jurisdiction and offices of Commission

 115. Functions of Commission

 116. Governing body of Commission

 117. Commissioners of Commission

 118. Director of Commission

 119. Acting director of Commission

 120. Staff of Commission

 121. Establishment of committees of Commission

 122. Finances of Commission

 123. Circumstances in which Commission may charge fees

 124. Contracting by Commission... with any person

 125. Delegation of governing body's powers...

 126. Limitation of liability and... disclosure of information

 B: Accreditation of and Subsidy to Councils and Private Agencies

 127. Accreditation of councils and private agencies

 128. General provisions relating to accreditation

 129. Amendment of accreditation

 130. Withdrawal of accreditation

 131. Application to renew accreditation

 132. Subsidy to council or private agency

 C: Resolution of Disputes under auspices of Commission

 133. Resolution of disputes under auspices of Commission

 134. Disputes about matters of mutual interest

 135. Resolution of disputes through conciliation

 136. Appointment of commissioner to resolve disputes...

 137. Appointment of senior commissioner to resolve disputes...

 138. General provisions for arbitration proceedings

 139. Special provisions for arbitrating disputes...

 140. Special provisions for arbitrations about dismissals...

 141. Resolution of disputes... under auspices of Commission

 142. Powers of commissioner...

 143. Effect of arbitration awards

 144. Variation and rescission of arbitration awards

 145. Review of arbitration awards

 146. Exclusion of Arbitration Act

 147. Performance of dispute resolution functions...

 148. Commission may provide advice

 149. Commission may provide assistance

 150. Commission may...resolve dispute through conciliation

 D: Labour Court

 151. Establishment and status of Labour Court

 152. Composition of Labour Court

 153. Appointment of judges of Labour Court

 154. Tenure, remuneration etc...,of Labour Court judges

 155. Officers of Labour Court

 156. Area of jurisdiction and seat of Labour Court

 157. Jurisdiction of Labour Court

 158. Powers of Labour Court

 159. Rules Board... and rules for Labour Court

 160. Proceedings of Labour Court...

 161. Representation before Labour Court

 162. Costs

 163. Service and enforcement of orders of Labour Court

 164. Seal of Labour Court

 165. Variation and rescission of orders of Labour Court

 166. Appeals against judgment or order of Labour Court

 E: Labour Appeal Court

 167. Establishment and status of Labour Appeal Court

 168. Composition of Labour Appeal Court

 169. Appointment of other judges of Labour Appeal Court

 170. Tenure, remuneration, etc. of Labour Appeal Court judges

 171. Officers of Labour Appeal Court

 172. Area of jurisdiction and seat of Labour Appeal Court

 173. Jurisdiction of Labour Appeal Court

 174. Powers of Labour Appeal Court on hearing of appeals

 175. Labour Appeal Court may sit as court of first instance

 176. Rules for Labour Appeal Court

 177. Proceedings of Labour Appeal Court...

 178. Representation before Labour Appeal Court

 179. Costs

 180. Service and enforcement of orders

 181. Seal of Labour Appeal Court

 182. Judgments of Labour Appeal Court...

 183. Labour Appeal Court final court of appeal

 F: General Provisions applicable to Courts established by this Act

 184. General Provisions applicable to Courts...

 185. Right not to be unfairly dismissed

 186. Meaning of dismissal

 187. Automatically unfair dismissals

 188. Other unfair dismissals

 189. Dismissals based on operational requirements

 190. Date of dismissal

 191. Disputes about unfair dismissals

 192. Onus in dismissal disputes

 193. Remedies for unfair dismissal

 194. Limits on compensation

 195. Compensation is in addition to any other amount

 196. Severance pay

 197. Transfer of contract of employment

 198. Temporary Employment Services

 199. Contracts of employment...

 200. Representation of employees or employers

 201. Confidentiality

 202. Service of documents

 203. Codes of good practice

 204. Collective agreement, etc... 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

 208A. Delegations

 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

 1: Establishment of Bargaining Councils for Public Service

 1. Definitions for this Schedule

 2. Establishment of... Bargaining Council

 3. Establishment of bargaining councils in sectors

 2: Guidelines for constitution of Workplace Forum

 1. Introduction

 2. Number of seats in workplace forums...

 3. Distribution of seats to reflect occupational structure...

 4. Elections...

 5. Terms of office...

 6. Meetings of workplace forum...

 7. Time off for members of workplace forum...

 8. Facilities to be provided to workplace forum...

 9. Experts...

 10. Establishment of... workplace forums...

 3: Commission for Conciliation, Mediation and Arbitration

 1. Remuneration and allowances of members...

 2. Resignation and removal from office of member...

 3. Vacancies in governing body

 4. Proceedings of governing body

 5. Director of Commission

 6. Bank account

 7. Investment of surplus money

 8. Accounting and auditing

 9. Annual report

 4: Dispute Resolution Flow Diagrams

 Dispute Resolution Flow Diagrams

 1. Freedom of Association

 2. Organisational Rights

 3. Collective Agreements

 4. Collective Agreements...

 5. Councils

 6. Strikes and Lock-outs (Not in compliance with the Act)

 7. Picketing

 8. Essential Services...

 9. Workplace Forum -1 (Joint Decision Making)

 10. Unfair Dismissal - 1 (Automatically unfair reasons)

 11. Unfair Dismissal - 2 (Strikes...)

 12. Unfair Dismissal - 3 (Misconduct / incapacity)

 13. Unfair Dismissal - 4 (Operational Requirements)

 14. Unfair Labour Practice

 5: Amendment of Laws

 1. Amendment of section 1 of Basic Conditions of Employment Act

 2. Amendment of section 35 of OHS Act, 1993

 3. Amendment of Section 2 of Pension Funds Act, 1956

 4. Amendment of Section 2 of Medical Schemes Act, 1967

 5. Amendment of Section 1 of Insurance Act, 1943

 6. Amendment of Section 2 of Friendly Societies Act, 1956

 7. Amendment of Section 3 of Friendly Societies Act, 1956

 6: Laws repealed by Section 212

 Laws repealed by Section 212

 7: Transitional Arrangements

 A: Definitions for this Schedule

 1. Definitions for this Schedule

 B: Unfair Labour Practices

 2. Residual unfair labour practices

 3. Disputes about unfair labour practices

 4. Powers of Labour Court and Commission

 C: Provisions concerning existing Trade Union's, Employers' Organisations, etc...

 5. Existing registered trade unions and employers' organizations

 6. Pending applications by trade unions or employers' organisations...

 7. Industrial councils

 8. Pending applications by industrial councils...

 8A. Pending enquiries by industrial registrar

 9. Pending applications... for alteration of constitution or name

 10. Pending applications for admission ...to industrial councils

 11. Pending applications to wind up and cancel registration...

 12. Existing agreements and awards...

 12A. Designated agents

 13. Existing agreements including recognition agreements

 D: Matters concerning Public Service

 14. Public Service Bargaining Council

 15. Collective agreements in the public service

 16. Education Labour Relations Council

 17. Education sector collective agreements

 18. Negotiating Forums in South African Police Service

 19. Collective agreement in South African Police Service

 20. Consequences for public service bargaining institutions...

 E: Disputes and Courts

 21. Disputes arising before commencement of this Act

 21A. Dispute Resolution by Councils...

 22. Courts

 22A. Minister may authorise Commission to perform industrial court's functions

 F: Pension Matters

 23. Continuation of existing Pension rights...

 G: Essential Services

 24. Essential services in the public sector

 25. Essential services provided for in the Labour Relations Act

 8: Code of Good Practice: Dismissal

 1. Introduction

 2. Fair reasons for dismissal

 3. Disciplinary measures short of dismissal

 4. Fair procedure

 5. Disciplinary records

 6. Dismissals and industrial action

 7. Guidelines in cases of dismissal for misconduct

 8. Incapacity: Poor work performance

 9. Guidelines in cases of dismissal for poor work performance

 10. Incapacity: Ill health or injury

 11. Guidelines in cases of dismissal arising from ill health or injury

 9. Model Constitution for a Statutory Council

 1. Name

 2. Registered scope

 3. Powers and functions

 4. Parties

 5. Appointment of representatives

 6. Council meetings

 7. Executive committee

 8. Other committees

 9. Chairperson and deputy chairperson

 10. Officials and employees

 11. Panels of conciliators and arbitrators

 12. Disputes referred to council for conciliation

 13. Disputes referred to council for arbitration

 14. Procedure for negotiation of collective agreements

 15. Finances

 16. Winding-up

 17. Changing constitution

 18. Necessary first steps

 19. Definitions

 Annexure

 10. Institutions referred to in Section 32(4)

 Institutions referred to in Section 32(4)

 Essential Services Committee Regulations

 A: General Provisions

 1. Definitions

 2. Chairperson of committee

 3. Address for service on committee

 4. Powers of the committee

 5. Condonation

 B: Investigation as to whether a Service is an Essential Service

 6. Request by bargaining council for investigation

 7. Investigations as to whether a service is an essential service

 C: Ratification of Collective Agreements...

 8. Ratification of the provisions of collective agreements...

 D: Determination

 9. Service

 10. Referral of a dispute or application for determination

 11. Conduct of hearings...

 12. Short title and commencement

 Services designated as Essential Services

 Services Designated as Essential Services

 Labour Relations Regulations

 1. Definitions

 2. Service

 3. Subpoenas

 4. Witness fees

 5. Access to documents

 6. Fees for documents

 7. Form of Requests and Applications

 7A. Form of bargaining council constitution

 8. Form of Certificates or Particulars

 9. Form of Notices, Demands and Appeals

 10. Forms of Records, Reports, Statements, etc...

 11. Form of Proposals, Resolutions and Referrals

 12. Labour Court

 13. Provincial Directors, Department of Labour

 14. Short title and commencement

 Index of forms annexed to regulations

 Forms

 Form 3.24

 Purpose of this model constitution

 1. Name

 2. Registered scope

 3. Powers and functions

 4. Parties

 5. Appointment of representatives

 6. Council meetings

 7. Executive Committee

 8. Other Committees

 9. Chairperson and Deputy Chairperson

 10. Officials and employees

 11. Panels of conciliators and arbitrators

 12 Disputes referred to the council for conciliation

 13. Disputes referred to the council for arbitration

 14. Procedure for the negotiation of collective agreements.

 15. Finances

 16. Winding up

 17. Changing the constitution

 18. Necessary first steps

 19. Definitions

 Annexure

 Key Aspects of HIV/Aids and Employment

 Key aspects of HIV/Aids and employment

 1. Introduction

 2. Objectives

 3. Policy Principles

 4. Application and Scope

 5. Legal Framework

 6. Promoting a Non-Discriminatory Work Environment

 7. HIV Testing, Confidentiality and Disclosure

 8. Promoting a Safe Workplace

 9. Compensation for Occupationally Acquired HIV

 10. Employee Benefits

 11. Dismissal

 12. Grievance Procedures

 13. Management of HIV in the Workplace

 14. Assessing the impact of HIV/Aids on the Workplace

 15. Measures to deal with HIV/Aids within the Workplace

 16. Information and Education

 Glossary

 Dismissal based on Operational Requirements

 Dismissal based on Operational Requirements

 Schedule

 Dismissal (Schedule 8)

 1. Introduction

 2. Fair reasons for dismissal

 3. Disciplinary measures short of dismissal

 4. Fair procedure

 5. Disciplinary records

 6. Dismissals and industrial action

 7. Guidelines in cases of dismissal for misconduct

 8. Incapacity: Poor work performance

 9. Guidelines in cases of dismissal for poor work performance

 10. Incapacity: Ill health or injury

 11. Guidelines in cases of dismissal arising from ill health or injury

 Picketing

 Picketing

 1. Introduction

 2. Authorisation

 3. Purpose of the picket

 4. Picketing rules

 5. Pickets on the employer's premises

 6. Conduct in the picket

 7. Role of the police

 8. General rights, obligations and immunity

 Conduct of Proceedings in the Labour Court

 1. Definitions

 2. Office hours and address of registrar

 3. Issue of documents and registrar's duties

 4.Service of documents

 5. Filing of documents

 6. Referrals

 7. Applications

 7A. Reviews

 8. Urgent relief

 9. Appeals to the Labour Court

 10. Reviews in chambers

 11. Interlocutory applications and procedures...

 12. Extension of time limits and condonation

 13. Withdrawals and postponements

 14. Set down of postponed matters

 15. Matters struck off the roll

 16. Default judgments

 16A.

 17. Consent to orders

 18. Heads of argument

 19. Submissions by an amicus curiae

 20. Partnership, firms and associations

 21. Representation of parties

 22. Joinder of parties, intervention as applicant or respondent, etc...

 22A. Offer of Settlement

 22B. Pagination

 23. Consolidation of proceedings

 24. Costs

 25. Taxation

 26. Service and enforcement of court orders

 27. Oath of office of interpreter

 28. Labour Court as court of record

 29. Witness fees

 30. Application for leave to appeal to the Labour Appeal Court

 31. Sworn translators

 32. Subpoenas

 33. Commencement of rules

 Schedule 1: Tariff of fees

 Conduct of Proceedings in the Labour Appeal Court

 1. Definitions

 2. Sittings of the court

 3. Registrar's office hours

 4. Petitions for leave to appeal

 5. Procedure on appeal

 5A. Appeal from the Industrial Court

 6. Powers of attorney

 7. Submissions by an amicus curiae

 8. Date of hearing

 9. Heads of argument

 10. Labour Appeal Court sitting as a court of first instance...

 11. Failure to appear at an appeal hearing

 12. General

 12A. Defence Special Tribunal Act

 13. Costs and fees

 14. Commencement of rules

 Tariff of Fees

 Tariff of Fees

 Rules Regulating the Practice and Procedure for Resolving Disputes

 Rules regulating the Practice and Procedure for Resolving Disputes through Conciliation and at Arbitration Proceedings

 1. Definitions

 2. Addresses of the Commission and Office Hours

 3. Service of Documents

 4. Filing of Documents

 5. Referral for Conciliation

 6. Jurisdiction to Conciliate

 7. Conciliation

 8. Referral for Arbitration

 9. Jurisdiction to Arbitrate

 11. Conciliation or Arbitration Venue

 12. Joinder of Parties/Amendment of Citations/Substitution of Parties and Consolidation of Proceedings

 13. Witness Fees

 14. Costs

 15. Taxation

 16. Motion Roll

 17. Postponements

 18. Subpoenas

 19. Applications/Motion Proceedings in respect of preliminary matters such as applications for Condonation, Jurisdictional Disputes, Variation and Rescission Applications and other Interlocutory Applications

 20. Arbitration

 21. Representation at Arbitration

 22. Production of Documents

 23. Failure to Attend Arbitration Hearing

 24. Variation or Rescission of Arbitration Awards or Rulings

 25. Application to refer a Dismissal Dispute to the Labour Court

 26. The Commission as a Court of Record in Arbitration Proceedings

 27. Repeal of Commission's Guidelines

 Labour Market and Human Resource Development for Job Creation

 Foreward by the Minister of Labour

 1. Introduction

 2. Objectives

 3. Principles

 4. The Establishment of Future Forms

 5. Social Plan Technical Support Facility (SPTSF)

 6. Ministerial Notification and Department of Labour Services

 7. Services Offered by the Department of Labour

 8. Support to Small, Micro and Medium Size Enterprises (SMMEs)

 9. Regenerating Local Economics

 10. Social Plan Funds

 11. Investigation of Additional Forms of Financial Assistance