Labour relations act pdf south africa

To change the law governing labour relations and, for that purpose. Among white workers, there was significant unrest, and major strikes took place in 1907, 19, 1914 and 1922. The labour relations act is a centrepiece of the labour law in south africa and all labour laws are subordinate to the lra. Labour courtmeans the labour court established by section 151 of the labour relations act, 1995. Provides comprehensive legislation governing labour relations. It is hereby notified that the president has assented to the following act which is hereby published for general information. In 1995 the old labour relations act promulgated in 1956 was scrapped by the new anc government. Over 70,000 chinese labourers were brought in, and used by landowners to undercut the wages of other workers. This section which sets out the guidelines for retrenchment procedures currently limits the parties who must be consulted to. The word other in the said section can only mean that the legislature. It also establishes the ccma, labour court and labour appeal court as superior courts, with exclusive jurisdiction to decide matters arising from the act.

With the commencement date of the protection of personal information act 4 of 20 popi fast approaching it is expected. By 1995 south africas new constitution had entrenched labour law rights very strongly. Labour relations act as amended by labour relations amendment act, no 42 of 1996 proclamation, no 66 of 1996 labour relations amendment act, no 127 of 1998 labour relations amendment act, no 12 of 2002 act to change the law governing labour relations and, for that purpose to give effect to section. The code of good practice on dismissal is a vitally important document in the labour relations act, which should be studied by any party referring or defending a dispute in the ccma or a council relating to dismissal and incapacity cases.

Understand how the labour relations act affects you in the. The right to strike under the labour relations act 66. Your guide to labour law in south africa labour guide. The main purpose of the labour relations act is to advance economic development, social justice, labour peace and a democratisation of the workplace by fulfilling the primary objectives of the act. The following legislation regulates labour relations in south africa in. What protection does the labour relations act provide. Also, the anc and cosatu the largest trade union grouping had.

Department of labour national the government of south africa listen. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Part a registrar of labour relations the act makes provision for the appointment of a registrar of labour relations. To change the law governing labour relations and, for that purpose to give effect to section 27 of the constitution. It also deals with strikes and lockouts, workplace forums and alternative dispute resolution. Labour relations act updated to 27 november 2018 act 66 of 1995 gon 1877, g. Know your labour relations act western cape government. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Commissioner boyce interpreted section 186 2 b of the labour relations act as follows. This act regulates the organisational rights of trade unions and promotes and facilitates collective bargaining at the workplace and at sectoral level. Legislation online south african government information, south africa pdf doc. Normes consulted on 20120330 legislation online department of labour, south africa pdf of act as amended to act no. The survey of the south african legislative framework with reference to collective labour law demonstrates that our legislature adopts a pluralist1 approach to labour relations and therefore strongly supports trade unions and collective bargaining, especially at sectoral level. This morning, it was reported in the media that productivitysa has called for section 189 of the labour relations act lra to be amended.

Act also sets limits to how trade unions are organized and how they conduct themselves. Lecturer, durban university of technology, south africa. In todays world, we need to arm ourselves with as much information regarding our rights. Section 1941 this section deals with the removal of the cap on compensation. The act also defines dismissals and sets out how a dismissal is to be effected in order to be both procedurally and substantively fair. Pdf constitutionalisation of south african labour law. Pdf legislation and employment relations in south africa. Proc 32 in gg 36714 of 29 july 20 labour relations amendment act 6 of 2014 1 january 2015 s. They must also provide the registrar of labour relations with financial reports, lists of members, changes of addresses, information on the election of its office bearers etc. Legislation and employment relations in south africa.

The purpose of the labour relations act is not only to protect everyone in the workplace but to also promote economic development, fair labour practices, peace, democracy and social development. Covid19 viral pandemic present and spreading in south africa in terms of section 92 of the mine health and safety act, 1996 mhsa. Republic of south africa department of employment and labour. A narrative overview of workplace dispute article pdf available in journal of governance and regulation print 44 september 2015 with. S 149 amended by labour relations amendment act 6 fo 2014 from 1 jan 2015 amended by general intelligence laws amendment act 11 of 20 from 29 jul 20. Purchase the document to get full access instantly get full access for r30. It provides guidance to employers on the various aspects of dismissal, fair procedure, and substantive fairness. The constitution of south africa, act of was adopted on 10 may and came into. Labour department are entitled to investigate and search any workplace and if an employer is found to be in contravention of the act it can be fined up to r100 000. According to the official south african government online site. Labour relations act 66 of 1995 south african government. Section 189 what is section 189 of the labour relations.

Labour guide south africa offers a wealth of labour law information and favorable to the employee than the corresponding condition contained in the bcea. Organised labour is represented in nedlac by the three main labour federations, the congress of south african trade unions, national council of trade unions and the federation of unions of south africa. Official site with labour legislation, policy documents, and news. Be it enacted by the parliament of the republic of south africa as follows. Labour relations amendment bill ms seftel dealt with the outstanding issues of the labour relations act and in particular, the departments response to submissions made at the public hearing. Labour risk is a business risk in terms of sustainable profitability and needs to be managed proactively. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. The old act was considered by the new government and the trade unions as failing to provide sufficient protection for employees. Proc r87 in gg 38317 of 1 9 december 2014 to be proclaimed s. Contents of act chapter i purpose, application and interpretation 1. Amended labour relations act pdf, document, labour law.

S 149 amended by labour relations amendment act 6 fo 2014 from 1 jan 2015. Introduction to labour relations in south africa 9780409027976 by finnemore, martheanne and a great selection of similar new, used and. Labour law south africa expert articles on ccma, constructive dismissal, unfair labour practice, labour court cases, disciplinary hearing, retrenchments and best practices for both employers and employees in labour relations act and amendments. Cosatu was of the opinion that the 12 month cap period should be removed. The second respondent is directed by no later than 18 may 2020 to publish a. Labour relations in south africa the lwo employers. Labour relations act 66 of 1995 1 democratic alliance. Unfair dismissal, document, labour law, south africa, pdf. Labour law south africa expert articles labour law. This book is intended to provide shop stewards with the very basics of labour law in order for them to have at least a workable knowledge thereof.

This guideline explains the labour laws contained in the labour relations act. Every employeeworker is entitled to fair labour practices in south africa. One of the fundamental reasons for enacting the act was to establish an effective dispute resolution system. The act deals with strikes and lockouts and the resolution of disputes through the ccma. Labour relations act 66 of 1995 to gain sufficient knowledge of what the act lays down regarding the employees right to belong to unions. Labour relations amendment act 127 of 1998 labour relations amendment act 12 of 2002 intelligence services act 65 of 2002 electronic communications security pty ltd act 68 of 2002 general intelligence laws amendment act 52 of 2003 prevention and combating of corrupt activities act 12 of 2004 act to change the law governing labour relations. The native labour regulations act 1911 prohibited strikes by trade unions, introduced wage ceilings and a pass system for moving around jobs. The labour relations act4 lra was the first instrument of its kind to address this key issue.