Labour Relations Act 66 of 1995 with CCMA Rules and Guidelines
The Labour Relations Act pocketbook contains the Labour Relations Act No. 66 of 1995, as amended by the Labour Relations Amendment Act which came into force on 1st January 2019.
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Product description
The Labour Relations Act pocketbook contains the Labour Relations Act No. 66 of 1995, as amended by the Labour Relations Amendment Act which came into force on 1st January 2019.
The pocketbook also contains the new CCMA Rules and new Guidelines on Misconduct Arbitrations. The pocketbook also contains the Facilitation Regulations and Codes of Good Practice published under the Labour Relations Act.
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
