LABOUR RELATIONS ACT

1 LABOUR RELATIONS ACT [Updated to 27 November 2018] Act 66 of 1995 (GoN 1877, G. 16861), Proc. R112, G. 16880, Proc. R53, G. 17423, Proc. R66, G. 17516, Act 42 of 1996 (GoN 1502, G. 17427, 11 November 1996 [Proc. R66, G. 17516]), (GoN R1734, G. 17516, 1 November 1996), (GoN R1865, G. 17576, 15 November 1996), (GoN R2025, G. 17656, 6 December 1996), (GoN R440, G. 17867, 27 March 1997), (GoN R443, G. 17867, 27 March 1997), (GoN R654, G. 17973, 9 May 1997), Act 75 of 1997 (GoN 1631, G. 18491, 1 December 1998 [Proc.)]

2 112, G. 19453]), Act 55 of 1998 (GoN 1323, G. 19370, 9 August 1999 [Proc. R83, G. 20339]), Act 127 of 1998 (GoN 1556, G. 19542, 1 February 1999 [Proc. R3, G. 19678]), Act 12 of 2002 (GoN 848, G. 23540, 1 August 2002 [Proc. R61, G. 23611]), Act 65 of 2002 (GoN 236, G. 24390, 20 February 2003 [Proc. 10, G. 24475]), Act 68 of 2002 (GoN 189, G. 24356, 28 February 2003 [Proc. 17, G. 25003]), Act 52 of 2003 (GoN 83, G. 25961, 30 January 2003, commencement of s 25(2): 28 February 2003), Act 12 of 2004 (GoN 559, G.

3 26311, 27 April 2004), Act 30 of 2007 (GoN 22, G. 30675, 1 April 2008), Act 11 of 2013 (GoN 528, G. 36695, 29 July 2013 [Proc. 32, G. 36714]), Act 10 of 2013 (GoN 615, G. 36743, 23 August 2013 [Proc. R36, G. 36774]), Act 6 of 2014 (GoN 629, G. 37921, 1 January 2015 excluding that portion of s 37(c) inserting subsection 198(4F) [Proc. 87, G. 38317]), Act 39 of 2014 (GoN 1013, G. 38315, 1 March 2015 [Proc. R7, G. 38512]), Act 8 of 2018 (GoN 1304, G. 42061, 1 January 2019 [GoN R1377, G. 42103]).

4 [Commencement: ss 70(1), 70(2)(a), 71, 108,109, 112, 116 to 121, 124, 125, 153 to 156, 159, 169 to 172, 176, 203, 206 to 208, Sch 3 and Sch 7 item 23: 1 January 1996; ss 122, 127, 128 and 132: 13 September 1996; remaining ss: 11 November 1996] _____ ACT To change the law governing LABOUR RELATIONS and, for that purpose to give effect to section 23 of the Constitution; [Long title am by s 43 of Act 6 of 2014.] to regulate the organisational rights of trade unions; to promote and facilitate collective bargaining at the workplace and at sectoral level; to regulate the right to strike and the recourse to lock-out in conformity with the Constitution; to promote employee participation in decision-making through the establishment of workplace forums.

5 To provide simple procedures for the resolution of LABOUR disputes through statutory conciliation, mediation and arbitration (for which purpose the Commission for Conciliation, Mediation and Arbitration is established), and through independent alternative dispute resolution services accredited for that purpose; to establish the LABOUR Court and LABOUR Appeal Court as superior courts, with exclusive jurisdiction to decide matters arising from the Act; to provide for a simplified procedure for the registration of trade unions and employers organisations, and to provide for their regulation to ensure democratic practices and proper financial control; to give effect to the public international law obligations of the Republic relating to LABOUR RELATIONS .

6 To amend and repeal certain laws relating to LABOUR RELATIONS ; and to provide for incidental matters. _____ (English text signed by the President. Assented to 29 November 1995.) _____ BE IT ENACTED by the Parliament of the Republic of South Africa as follows. ARRANGEMENT OF SECTIONS CHAPTER I PURPOSE, APPLICATION AND INTERPRETATION 1. Purpose of this Act 2. Exclusion from application of this Act 3. Interpretation of this Act CHAPTER II FREEDOM OF ASSOCIATION AND GENERAL PROTECTIONS 4. Employees right to freedom of association 5.

7 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 CHAPTER III COLLECTIVE BARGAINING PART A ORGANISATIONAL RIGHTS 11. Trade union representativeness 12. Trade union access to workplace 13. Deduction of trade union subscriptions of levies 14. Trade union representatives 15. Leave for trade union activities 16.

8 Disclosure of information 17. Restricted rights in domestic sector 18. Right to establish thresholds of representativeness 19. Certain organisational rights for trade union party to council 20. Organisational rights in collective agreements 21. Exercise of rights conferred by this Part 22. disputes about organisational rights PART B COLLECTIVE AGREEMENTS 23. Legal effect of collective agreement 24. disputes about collective agreements 25. Agency shop agreements 26. Closed shop agreements PART C BARGAINING COUNCILS 27.

9 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 concluded in bargaining council 32. Extension of collective agreement concluded in bargaining council 32A. Renewal and extension of funding agreements 33. Appointment and powers of designated agents of bargaining councils 33A. Enforcement of collective agreements by bargaining councils 34. Amalgamation of bargaining councils PART D BARGAINING COUNCILS IN THE PUBLIC SERVICE 35.

10 Bargaining councils in public service 36. Public Service Co-ordinating Bargaining Council 37. Bargaining councils in sectors in public service 38. disputes between bargaining councils in public service PART E STATUTORY COUNCILS 39. Application to establish statutory council 40. Establishment and registration of statutory council 41. Establishment and registration of statutory council in absence of agreement 42. Certificate of registration of statutory council 43. Powers and functions of statutory councils 44.