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Labour Relations Act 66 of 1995 Act and Regulations

The Labour Relations Act pocketbook contains the Labour Relations Act No. 66 of 1995, as amended and Labour Relations Regulations which came into force on 1 January 2015.

Publication Language: English
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ISBN/ISSN: 9780639002873

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The Labour Relations Act pocketbook contains the Labour Relations Act No. 66 of 1995, as amended and Labour Relations Regulations which came into force on 1 January 2015.

The pocketbook also contains the new CCMA Rules and new Guidelines on Misconduct Arbitrations which were effective from 1 April 2015. The pocketbook also contains the Facilitation Regulations and Codes of Good Practice published under the Labour Relations Act.

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Table of contents

PART ONE - Labour Relations Act 66 of 1995

Purpose of this Act

Exclusion from application of this Act

Interpretation of this Act

Employees' right to freedom of association

Protection of employees and persons seeking employment

Employers' right to freedom of association

Protection of employers' rights

Rights of trade unions and employers' organisations

Procedure for disputes

Burden of proof

Trade union representatives

Trade union access to workplace

Deduction of trade union subscriptions or levies

Trade union representatives

Leave for trade union activities

Disclosure of information

Restricted rights in the domestic sector

Right to establish thresholds of representativeness

Certain organisational rights for trade union party to a council

Organisational rights in collective agreements

Exercise of rights conferred by this Part

Disputes about organisational rights

Legal effect of collective agreement

Disputes about collective agreements

Agency shop agreements

Closed shop agreements

Establishment of bargaining councils

Powers and functions of bargaining council

Registration of bargaining councils

Constitution of bargaining council

Binding nature of collective agreement concluded in bargaining council

Extension of collective agreement concluded in bargaining council

Appointment and powers of designated agents of bargaining councils Enforcement of collective agreements by bargaining councils

Amalgamation of bargaining councils

Bargaining councils in public service

Public Service Co-ordinating Bargaining Council

Bargaining councils in sectors in public service

Disputes between bargaining councils in public service

Application to establish statutory council

Establishment and registration of statutory council

Establishment and registration of statutory council in absence of agreement

Certificate of registration of statutory council

Powers and functions of statutory councils

Ministerial determinations

Disputes about determinations

Withdrawal of party from statutory council

Appointment of new representative of statutory council

Change of status of statutory council

Representativeness of council

Effect of registration of council

Dispute resolution functions of council

Accreditation of council or appointment of accredited agency

Accounting records and audits

Duty to keep records and provide information to registrar

Delegation of functions to committee of council

Admission of parties to council

Changing constitution or name of council

Variation of registered scope of council

Winding-up of council

Winding-up of council by reason of insolvency

Cancellation of registration of council

Disputes about demarcation between sectors and areas

Disputes about Parts A and C to F

Right to strike and recourse to lock-out

Limitations on right to strike or recourse to lock-out

Secondary strikes

Strike or lock-out in compliance with this Act

Strike or lock-out not in compliance with this Act

Picketing

Essential services committee

Composition of essential services committee

Powers and functions of essential services committee

Appointment of panels

Powers and functions of panel

Jurisdiction and administration of essential services committee

Regulations for essential services committee

Designating a service as an essential service

Minimum services

Disputes about minimum services and about whether a service is an essential service

Disputes in essential services

Maintenance services

Replacement labour

Protest action to promote or defend socio-economic interests of workers

Definitions in this Chapter

General functions of workplace forum

Establishment of workplace forum

Trade union based workplace forum

Requirements for constitution of workplace forum

Meetings of workplace forum

Specific matters for consultation

Consultation

Joint decision-making

Review at request of newly established workplace forum

Matters affecting more than one workplace forum in an employer's operation

Disclosure of information

Inspection and copies of documents

Breach of confidentiality

Full-time members of workplace forum

Dissolution of workplace forum

Disputes about workplace forums

Requirements for registration of trade unions or employers' organisations

Registration of trade unions or employers' organisations

Effect of registration of trade union or employers' organisation

Accounting records and audits

Duty to keep records

Duty to provide information to registrar

Changing constitution or name of registered trade unions or employers' organisations

Amalgamation of trade unions or employers' organisations

Winding-up of trade unions or employers' organisations

Appointment of administrator

Winding-up of trade unions or employers' organisations by reason of insolvency

Declaration that trade union is no longer independent

Cancellation of registration of trade unions or employers' organisations

Regulation of federations of trade unions or employers' organisations

Appointment of registrar of labour relations

Functions of registrar

Access to information

Appeals from registrar's decision

Establishment of Commission for Conciliation, Mediation and Arbitration

Independence of Commission

Area of jurisdiction and offices of Commission

Functions of Commission

Governing body of Commission

Commissioners of Commission

Director of Commission

Acting director of Commission

Staff of Commission

Establishment of committees of Commission

Finances of Commission

Circumstances in which Commission may charge fees

Contracting by Commission, and Commission working in association with any person

Delegation of governing body's powers, functions and duties

Limitation of liability and limitation on disclosure of information

Accreditation of councils and private agencies

General provisions relating to accreditation

Amendment of accreditation

Withdrawal of accreditation

Application to renew accreditation

Subsidy to council or private agency

Resolution of disputes under auspices of Commission

Disputes about matters of mutual interest

Resolution of disputes through conciliation

Appointment of commissioner to resolve dispute through arbitration

Appointment of senior commissioner to resolve dispute through arbitration

General provisions for arbitration proceedings

Special provisions for arbitrating disputes in essential services

Special provisions for arbitrations about dismissals for reasons related to conduct or capacity

Resolution of disputes if parties consent to arbitration under auspices of Commission

Powers of commissioner when attempting to resolve disputes

Making settlement agreement arbitration award

Effect of arbitration awards

Variation and rescission of arbitration awards and rulings

Review of arbitration awards

Exclusion of Arbitration Act

Performance of dispute resolution functions by Commission in exceptional circumstances

Commission may provide advice

Commission may provide assistance

Commission may appoint commissioner to conciliate in public interest

Establishment and status of Labour Court

Composition of Labour Court

Appointment of judges of Labour Court

Tenure, remuneration and terms and conditions of appointment of Labour Court judges

Officers of Labour Court

Area of jurisdiction and seat of Labour Court

Jurisdiction of Labour Court

Powers of Labour Court

Rules Board for Labour Courts and rules for Labour Court

Proceedings of Labour Court to be carried on in open court

Representation before Labour Court

Costs

Service and enforcement of orders of Labour Court

Seal of Labour Court

Variation and rescission of orders of Labour Court

Appeals against judgment or order of Labour Court

Establishment and status of Labour Appeal Court

Composition of Labour Appeal Court

Appointment of other judges of Labour Appeal Court

Tenure, remuneration and terms and conditions of appointment of Labour Appeal Court judges

Officers of Labour Appeal Court

Area of jurisdiction and seat of Labour Appeal Court

Jurisdiction of the Labour Appeal Court

Powers of Labour Appeal Court on hearing of appeals

Labour Appeal Court may sit as court of first instance

Rules for Labour Appeal Court

Proceedings of Labour Appeal Court to be carried on in open court

Representation before Labour Appeal Court

Costs

Service and enforcement of orders

Seal of Labour Appeal Court

Judgments of Labour Appeal Court binding on Labour Court

Labour Appeal Court final court of appeal

General provisions applicable to courts established by this Act

Right not to be unfairly dismissed or subjected to unfair labour practice

Meaning of dismissal and unfair labour practice

Automatically unfair dismissals

Other unfair dismissals

Inquiry by arbitrator

Dismissals based on operational requirements

Dismissals based on operational requirements by employers with more than 50 employees

Date of dismissal

Disputes about unfair dismissals and unfair labour practices

Onus in dismissal disputes

Remedies for unfair dismissal and unfair labour practic

Limits on compensation

Compensation is in addition to any other amount

Transfer of contract of employment

Transfer of contract of employment in circumstances of insolvency

Disclosure of information concerning insolvency

Temporary Employment Services

Application of section 198 to employees earning below earnings threshold

Fixed term contracts with employees earning below earnings threshold

Part-time employment of employees earning below earnings threshold

General provisions applicable to sections 198A to 198C

Contracts of employment may not disregard or waive collective agreements or arbitration awards

Representation of employees or employers

Presumption as to who is employee

Liability for employer's obligations

Confidentiality

Service of documents

Codes of good practice

Collective agreement, arbitration award or wage determination to be kept by employer

Records to be kept by employer

Effect of certain defects and irregularities

Ministers empowered to add to and change Schedules

Regulations

Delegations

This Act binds the State

Application of Act when in conflict with other laws

Amendment of laws

Repeal of laws, and transitional arrangements

Definitions

Short title and commencement

Establishment of bargaining councils for public service

Guidelines for constitution of workplace forum

Commission for conciliation, mediation & arbitration

Dispute resolution: flow diagrams

Amendment of laws

Laws repealed by section 212

Transitional arrangements

Code of good practice: dismissal

Model constitution for a statutory council

Powers of designated agent of bargaining council

PART TWO - Labour Relations Regulations

Social Plan GN 1590 dated 10 October 2003

Facilitation Regulations GNR.1445 dated 10 October 2003

List of Bargaining Councils that have been Accredited by the CCMA for Conciliation and/or Arbitration and/or for Pre-Dismissal Arbitrations and the Amendment of Accreditation GN 390 in GG 36376 dated 16 April 2013

List of Bargaining Councils that have been Accredited by the CCMA for Conciliation and/or Arbitration and/or Pre-Dismissal Arbitrations, with the terms of Accreditation attached for the period 1 June 2013 to the 31 May 2017 GN 575 in GG 36533 dated 5 June 2013

List of Bargaining Councils that have been Accredited by the CCMA for Conciliation and/or Arbitration and/or Pre-Dismissal Arbitrations GN 1195 in GG 37113 dated 6 December 2013

Bargaining Councils Accredited to Conduct Conciliations and Arbitrations GN 251 in GG 37480 dated 28 March 2014

List of Bargaining Councils that have been Accredited by the CCMA in Terms of the Act for Conciliation and/or Arbitration and/or Pre-Dismissal Arbitrations GN 502 in GG 37772 dated 26 June 2014

List of Private Agencies that have been Accredited by the CCMA GN 971 in GG 38178 dated 5 November 2014

Commission for Conciliation, Mediation and Arbitration: Code of Conduct for Commissioners GN 918 in GG 38230 dated 21 November 2014

List of Bargaining Councils that have been Accredited by the CCMA for Conciliation and/or Arbitration and/or Pre-Dismissal Arbitrations, with the terms of Accreditation attached for the period 01 December 2014 to 31 December 2018 GN 1146 in GG 38337 dated 15 December 2014

List of Bargaining Councils that have been Accredited By The CCMA GN 703 in GG 38989 dated 14 July 2015

List of Bargaining Councils that have been Accredited By The CCMA GN 985 in GG 39286 dated 13 October 2015

Bargaining Councils Accredited to Conduct Conciliations and Arbitrations, Subject to Conditions where Applicable GN 1031 in GG 39334 dated 29 October 2015

List of Private Agencies that have been Accredited by the CCMA GN 1052 in GG 39350 dated 3 November 2015.

List of Bargaining Councils that have been Accredited by the CCMA GN 19 in GG 39618 dated 25 January 2016

Notice of Code of Good Practice on the Handling of Sexual Harassment Cases GN 1367 dated 1998

Rules for the Conduct of Proceedings in the Labour Court GN 1665 dated 14 October1996

Rules for the Conduct of Proceedings in the Labour Appeal Court GN 1666 dated 14 October1996

Labour Court Practice Direction 1 dated 1998

Labour Court Practice Direction 1 dated 1999

Labour Court Practice Direction 2 dated 1999

Labour Court Practice Direction 1 dated 2001

Tariff of Fees GNR. 939 dated 25 July 2002

Rules for the Conduct of Proceedings before the CCMA GNR. 956 dated 25 July 2002

Rules for the Conduct of Proceedings before the Commission for Conciliation, Mediation and Arbitration GNR. 223 in GG 38572 dated 17 March 2015

Commission of Conciliation Mediation and Arbitration Tariff of Fees GN 115 in GG 39807 dated 11 March 2017