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Presentation to Labour Portfolio Committee Workshop on Labour Laws 23 May 2012

Presentation to Labour Portfolio Committee Workshop on Labour Laws 23 May 2012. LABOUR RELATIONS ACT, NO. 66 OF 1995. PURPOSE OF THE LRA. To advance economic development, social justice’ labour peace and democratization of the workplace by:

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Presentation to Labour Portfolio Committee Workshop on Labour Laws 23 May 2012

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  1. Presentation to Labour Portfolio Committee Workshop on Labour Laws 23 May 2012

  2. LABOUR RELATIONS ACT, NO. 66 OF 1995

  3. PURPOSE OF THE LRA To advance economic development, social justice’ labour peace and democratization of the workplace by: • giving effect to and regulating the right to fair labour practices conferred by the constitution • giving effect to the obligations incurred by the Republic as member of the ILO • providing a framework within which employees and their trade unions, and employers and employers organisation can collectively bargain and formulate industrial policies

  4. THE LRA COVERS • Employees and employers • Persons seeking employment • Former employees • Excludes the National Defense Force; the National Intelligence Agency; and SA Secret Services

  5. ORGANIZATIONAL RIGHTS • Access to a workplace for trade unions • Deduction of trade union subscriptions • Disclosure of relevant information • Formation of collective bargaining institutions (which promote sound labour relations, e.g, statutory councils, bargaining councils)

  6. BARGAINING COUNCILS (BC) • Are statutory bargaining institutions • Are centralised bargaining forums • The formation is voluntary

  7. ESTABLISHMENT OF BARGAINING COUNCILS • Require collaboration between registered employers organisation(s) or State and trade union(s) and parties must agree on constitution; • Application for registration is made to the Registrar of labour Relations and its copy must be served to NEDLAC; NEDLAC must demarcate the sector; and • Parties could object to application, emanating from these objections, NEDLAC must attempt to settle the demarcation failing the Minister is the final arbitrator

  8. FUNCTIONS OF BC • to conclude collective agreements • to prevent and resolve disputes • to promote, establish and administer various funds and schemes • to submit proposals to NEDLAC on policy and legislation that affect the sector and area • to provide industrial support services within the sector

  9. POWERS OF THE BC • To enforce collective agreements • Extend collective agreements to non parties within their scope • To confer on workplace forums additional matters for consultation

  10. EXTENSION OF COLLECTIVE AGREEMENTS • One or more registered trade unions whose members constitute majority members and are party to the BC, vote in favour of the extension • One or more registered employers’ organisations whose members employ majority of employees and are party to the bargaining council, vote in favour of the extension • The Minister could extend a collective agreement if he or she is satisfied that parties requesting extension has comply with the formalities and non parties which collective agreement will cover fall within the scope of the BC • Extended collective agreement could be terminated in writing

  11. THE LRA REGULATES • Industrial Actions: Strikes and lockouts, disputes in areas declared essential services, protest actions to defend socio-economic interests of employees • Disputes about unfair labour practice and dismissals • Transfer of contract of employment and employees during insolvency

  12. PROTEST ACTIONS TO DEFEND SOCIO-ECONOMIC INTERESTS: CRITERIA • Protest action must be called by registered trade union or federation of trade unions and has serve notice on NEDLAC. The matter giving rise to protest action has been considered by NEDLAC or any other appropriate forum in attempt to resolve the matter, failing, the trade union or federation of trade unions notifies NEDLAC with 14 days of its intention to proceed with the protest action • The Labour Court may restrain any person taking part in the protest action if it does not comply with the above formalities and any person taken part in breach of the Labour Court may forfeits the protection against dismissal

  13. DISPUTE RESOLUTION INSTITUTIONS • Commission for Conciliation, Mediation and Arbitration (CCMA) • Bargaining Councils • Labour Court • Labour Appeal Court

  14. COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION • It is an independent body funded by the State funds; and controlled and governed by the Governing Body • Has a national office and offices in each of the provinces • It employs both part-time and full time commissioners who perform conciliation and arbitration functions

  15. CCMA FUNCTIONS • Resolve disputes under its jurisdiction through conciliation and/or arbitration • Give advice, assistance and training • Accredit councils and private agencies to conciliate and arbitrate • In sectors where Bargaining Councils are accredited by CCMA for dispute resolution, disputes are resolved by them; and enforce arbitration awards

  16. LABOUR COURT • Composition: established as superior court of record, the seat of the Labour Court is determined by the Minister of Justice, it consist s of a Judge President & a Deputy Judge President and many judges • It has jurisdiction on all labour matters in terms of the Act • It may refuse to determine a dispute unless it is satisfied that attempt has been made to resolve the dispute through conciliation.

  17. FUNCTIONS OF THE LABOUR COURT • Makes appropriate orders, granting urgent relief, interdict and orders directing performance of any particular act • Determines disputes between a registered trade union or employer’s organisation and its members about alleged non compliance with its constitution • It deals with all matters necessary and incidental to the performance of its functions under the Act

  18. LABOUR APPEAL COURT • Is established by the Act as court of law for equity and is a final court of appeal in respect of judgments and orders made by the Labour Court • It consists of the Judge President & Deputy Judge President and judges appoint by President

  19. FUNCTIONS OF THE LABOUR APPEAL COURT • Any appeal against the final judgment or order of the Labour Court • Determines any question of law referred to the Court by the Labour Court • Determine any judgment or order when the court sits as a court of first instance

  20. BASIC CONDITIONS OF EMPLOYMENT ACT, NO. 75 OF 1997

  21. BASIC CONDITIONS OF EMPLOYMENT ACT: PURPOSE • Advance economic development and social justice • It gives effect to and regulate the right to fair labour practices conferred by the constitution • It gives effect to the obligations incurred by the Republic as member of the ILO

  22. APPLICATION OF THE ACT • To all employees and employers and except the National Defence Force, the National Intelligence Agency, the South Africa Secret Service and unpaid volunteers working for an organisation with a charitable purpose • The conditions of employment in the Act form part of the contract of employment • Some conditions of employment may be varied by individual or collective agreement

  23. REGULATION OF WORKING TIME • Ordinary hours of work and Overtime • Compressed working week and Averaging of hours of work • Meal intervals and Daily and weekly rest period • Pay for work on Sunday and Public holidays • Night work • Application on regulation of working time excludes: senior managers; employees engaged as sales staff who travel and those that work less than 24 hours a month

  24. REGULATES LEAVES • Annual leave • Sick leave • Maternity leave • Family responsibility leave • Application excludes employees who work less than 24 hours a month

  25. EMPLOYER(S) RESPONSIBILITY • Give written particulars of employment • Informing employees of their rights • Keep of records • Information in writing on remuneration • Deductions and other acts concerning remuneration • Calculation of remuneration; and excluded are employees working less than 24 hours

  26. TERMINATION OF EMPLOYMENT • Notice of termination of employment • Severance pay for operational requirements and termination on insolvency • Certificate of service • Excluded are employees working less than 24 hours a month

  27. THE ACT REGULATES THE FOLLOWING • Prohibition of employment of children and force labour • Variation of certain basic conditions of employment • Publishes Sectoral Determinations on basic conditions of employment in specific sector(s) and area(s) • Presumption as to who is an employee • Monitoring, enforcement and legal proceedings

  28. EMPLOYMENT CONDITIONS COMMISSION (ECC) • BCEA establishes ECC • Consist of three people appointed by the Minister after consultation with NEDLAC • Two additional voting members of NEDLAC, one from organised labour and one from organised business and are appointed by the Minister

  29. FUNCTIONS OF THE ECC • Advice the Minister : • On sectoral determination; on any other matter concerning basic conditions of employment; on any other matter arising out of the application of the Act and on trends in collective bargaining ,whether they undermine the Act • And the Minister for Welfare Population Development on matters concerning the employment of children • And the Minister of Public Service and Administration regarding conditions of employment the public service

  30. THANK YOU

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