LABOUR RELATIONS ACT NO. 66 OF 1995 - Shepstone & Wylie

1 LABOUR RELATIONS ACT NO. 66 OF 1995 [View Regulation] [ASSENTED TO 29 NOVEMBER, 1995 ] [DATE OF COMMENCEMENT: 11 NOVEMBER, 1996] (Unless otherwise indicated) (English text signed by the President) This Act has been updated to Government Gazette 38512 dated 27 February, 2015. as amended by LABOUR RELATIONS Amendment Act, No. 42 of 1996 Basic Conditions of Employment Act, No. 75 of 1997 Employment Equity Act, No. 55 of 1998 LABOUR RELATIONS Amendment Act, No. 127 of 1998 LABOUR RELATIONS Amendment Act, No. 12 of 2002 Intelligence Services Act, No. 65 of 2002 [with effect from 20 February, 2003] Electronic Communications Security (Pty) Ltd Act, No. 68 of 2002 [with effect from 28 February, 2003] General Intelligence Laws Amendment Act, No. 52 of 2003 [with effect from 28 February, 2003] Prevention and Combating of Corrupt Activities Act, No. 12 of 2004 [with effect from 27 April, 2004] Public Service Amendment Act, No. 30 of 2007 [with effect from 1 April, 2008] Superior Courts Act, No.

2 10 of 2013 [with effect from 23 August, 2013, unless otherwise indicated] General Intelligence Laws Amendment Act, No. 11 of 2013 [with effect from 29 July, 2013] LABOUR RELATIONS Amendment Act, No. 6 of 2014 Legal Aid South Africa Act, No. 39 of 2014 [with effect from 1 March, 2015] proposed amendments by LABOUR RELATIONS Amendment Act, No. 6 of 2014 (provisions mentioned below not yet proclaimed) Proposed amendments by Sections to be amended S. 37 (c) of Act No. 6 of 2014 Inserts s. 198 (4F) in Act No. 66 of 1995 ACT To change the law governing LABOUR RELATIONS and, for that purpose- to give effect to section 23 of the Constitution 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 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)

3 , 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 to amend and repeal certain laws relating to LABOUR RELATIONS and to provide for incidental matters. [Long title amended by s. 43 of Act No. 6 of 2014.] 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. Protection of employees and persons seeking employment 6.

4 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 representatives 12. Trade union access to workplace 13. Deduction of trade union subscriptions or levies 14. Trade union representatives 15. Leave for trade union activities 16. Disclosure of information 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 33A. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 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 PART B-Collective Agreements Legal effect of collective agreement Disputes about collective agreements Agency shop agreements Closed shop agreements PART C-Bargaining Councils 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 PART D-Bargaining Councils in the Public Service Bargaining councils in

5 Public service Public Service Co-ordinating Bargaining Council Bargaining councils in sectors in public service Disputes between bargaining councils in public service PART E-Statutory Councils 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 Part F-General Provisions Concerning Councils 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 CHAPTER IV STRIKES AND LOCK-OUTS Right to strike and recourse to lock-out Limitations on right to strike or recourse to lock-out 66.

6 67. 68. 69. 70. 70A. 70B. 70C. 70D. 70E. 70F. 71. 72. 73. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 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 whether a service is an essential service 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 CHAPTER V WORKPLACE FORUMS 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

7 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 CHAPTER VI TRADE UNIONS AND EMPLOYERS' ORGANISATIONS Part A-Registration and Regulation of Trade Unions and Employers' Organisations 95. 96. 97. 98. 99. 100. 101. 102. 103. 103A. 104. 105. 106. 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 Part B-Regulation of Federations of Trade Unions and Employers' Organisations 107.

8 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. 141. 142. 142A. 143. 144. 145. 146. 147. 148. Regulation of federations of trade unions or employers' organisations Part C-Registrar of LABOUR RELATIONS Appointment of registrar of LABOUR RELATIONS Functions of registrar Access to information Part D-Appeals from Registrar's Decision Appeals from registrar's decision CHAPTER VII DISPUTE RESOLUTION Part A-Commission for Conciliation, Mediation and Arbitration 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.

9 Functions and duties Limitation of liability and limitation on disclosure of information Part B-Accreditation of and Subsidy to Councils and Private Agencies 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 Part C-Resolution of Disputes under Auspices of Commission 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 149.

10 150. 151. 152. 153. 154. 155. 156. 157. 158. 159. 160. 161. 162. 163. 164. 165. 166. 167. 168. 169. 170. 171. 172. 173. 174. 175. 176. 177. 178. 179. 180. 181. 182. 183. 184. 185. 186. 187. 188. 188A. 189. 189A. 190. 191. 192. 193. 194. 195. 196. Commission may provide assistance Commission may appoint commissioner to conciliate in public interest Part D- LABOUR Court 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 Part E- LABOUR Appeal Court Establishment and status of LABOUR Appeal Court Composition of LABOUR Appeal Court Appointment of other judges of LABOUR Appeal Court Tenure.