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Opening Remarks
I: Purpose, Application and Interpretation
1. Purpose of this Act
2. Exclusion from application of this Act
3. Interpretation of this Act
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
III: Collective Bargaining
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
IV: Strikes and Lock-outs
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...
V: Workplace Forums
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
VI: Trade Unions and Employers' Organisations
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
VII: Dispute Resolution
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...
VIII: Unfair Dismissal
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
IX: General Provisions
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
Schedules
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)
Regulations
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
Codes of Good Practice
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
Rules
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
Commission for Conciliation, Mediation and Arbitration
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
10. Pre-Arbitration Conference of Parties
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
Social Plan - Labour Market and Human Resource Development for Job Creation
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