Labour relations act pdf south africa

Your guide to labour law in south africa labour guide. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Labour law south africa expert articles on ccma, constructive dismissal, unfair labour practice, labour court cases, disciplinary hearing, retrenchments and best practices for both employers and employees in labour relations act and amendments. The following legislation regulates labour relations in south africa in. It also deals with strikes and lockouts, workplace forums and alternative dispute resolution. This act regulates the organisational rights of trade unions and promotes and facilitates collective bargaining at the workplace and at sectoral level. This guideline explains the labour laws contained in the labour relations act. Also, the anc and cosatu the largest trade union grouping had. This morning, it was reported in the media that productivitysa has called for section 189 of the labour relations act lra to be amended. Understand how the labour relations act affects you in the.

Labour relations act as amended by labour relations amendment act, no 42 of 1996 proclamation, no 66 of 1996 labour relations amendment act, no 127 of 1998 labour relations amendment act, no 12 of 2002 act to change the law governing labour relations and, for that purpose to give effect to section. It provides guidance to employers on the various aspects of dismissal, fair procedure, and substantive fairness. Every employeeworker is entitled to fair labour practices in south africa. Provides comprehensive legislation governing labour relations. Constitution of the republic of south africa 1996 examples of allegations of misconduct labour relations act 66 of 1995 labour relations amendment act 8 of 2018 mine health and safety act no 29 of 1996 mhsa national minimum wage act 9 of 2018 nmwa the. With the commencement date of the protection of personal information act 4 of 20 popi fast approaching it is expected. The act deals with strikes and lockouts and the resolution of disputes through the ccma. In 1995 the old labour relations act promulgated in 1956 was scrapped by the new anc government. Labour risk is a business risk in terms of sustainable profitability and needs to be managed proactively. The word other in the said section can only mean that the legislature. Organised labour is represented in nedlac by the three main labour federations, the congress of south african trade unions, national council of trade unions and the federation of unions of south africa. Contents of act chapter i purpose, application and interpretation 1. Commissioner boyce interpreted section 186 2 b of the labour relations act as follows.

By 1995 south africas new constitution had entrenched labour law rights very strongly. Pdf legislation and employment relations in south africa. Introduction to labour relations in south africa 9780409027976 by finnemore, martheanne and a great selection of similar new, used and. Cosatu was of the opinion that the 12 month cap period should be removed. S 149 amended by labour relations amendment act 6 fo 2014 from 1 jan 2015. Normes consulted on 20120330 legislation online department of labour, south africa pdf of act as amended to act no. Labour relations amendment bill ms seftel dealt with the outstanding issues of the labour relations act and in particular, the departments response to submissions made at the public hearing. Know your labour relations act western cape government. Purchase the document to get full access instantly get full access for r30. To change the law governing labour relations and, for that purpose.

The labour relations act is a centrepiece of the labour law in south africa and all labour laws are subordinate to the lra. Labour relations act 66 of 1995 1 democratic alliance. Labour relations act, 66 of 1995 western cape government. This book is intended to provide shop stewards with the very basics of labour law in order for them to have at least a workable knowledge thereof. Unfair dismissal, document, labour law, south africa, pdf. The old act was considered by the new government and the trade unions as failing to provide sufficient protection for employees. Especially when it comes to fair and unfair labour practices. Labour law south africa expert articles labour law. Labour relations in south africa the lwo employers. Department of labour national the government of south africa listen. Official site with labour legislation, policy documents, and news. A narrative overview of workplace dispute article pdf available in journal of governance and regulation print 44 september 2015 with.

The right to strike under the labour relations act 66. Proc r87 in gg 38317 of 1 9 december 2014 to be proclaimed s. Covid19 viral pandemic present and spreading in south africa in terms of section 92 of the mine health and safety act, 1996 mhsa. Be it enacted by the parliament of the republic of south africa as follows. Labour guide south africa offers a wealth of labour law information and favorable to the employee than the corresponding condition contained in the bcea.

We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. They must also provide the registrar of labour relations with financial reports, lists of members, changes of addresses, information on the election of its office bearers etc. Amended by legal aid south africa act 39 of 2014 from 1 mar 2015. Section 189 what is section 189 of the labour relations. Section 1941 this section deals with the removal of the cap on compensation. The constitution of south africa, act of was adopted on 10 may and came into. The second respondent is directed by no later than 18 may 2020 to publish a. This section which sets out the guidelines for retrenchment procedures currently limits the parties who must be consulted to. What protection does the labour relations act provide. Proc 32 in gg 36714 of 29 july 20 labour relations amendment act 6 of 2014 1 january 2015 s. In todays world, we need to arm ourselves with as much information regarding our rights. The labour relations act4 lra was the first instrument of its kind to address this key issue. Amended labour relations act pdf, document, labour law. The native labour regulations act 1911 prohibited strikes by trade unions, introduced wage ceilings and a pass system for moving around jobs.

Part a registrar of labour relations the act makes provision for the appointment of a registrar of labour relations. The survey of the south african legislative framework with reference to collective labour law demonstrates that our legislature adopts a pluralist1 approach to labour relations and therefore strongly supports trade unions and collective bargaining, especially at sectoral level. Labour relations amendment act 127 of 1998 labour relations amendment act 12 of 2002 intelligence services act 65 of 2002 electronic communications security pty ltd act 68 of 2002 general intelligence laws amendment act 52 of 2003 prevention and combating of corrupt activities act 12 of 2004 act to change the law governing labour relations. The act also defines dismissals and sets out how a dismissal is to be effected in order to be both procedurally and substantively fair. According to the official south african government online site. Act also sets limits to how trade unions are organized and how they conduct themselves. Labour relations act 66 of 1995 to gain sufficient knowledge of what the act lays down regarding the employees right to belong to unions. Labour department are entitled to investigate and search any workplace and if an employer is found to be in contravention of the act it can be fined up to r100 000. It is hereby notified that the president has assented to the following act which is hereby published for general information. Labour courtmeans the labour court established by section 151 of the labour relations act, 1995. Lecturer, durban university of technology, south africa. The purpose of the labour relations act is not only to protect everyone in the workplace but to also promote economic development, fair labour practices, peace, democracy and social development. Labour relations act 66 of 1995 south african government.

Republic of south africa department of employment and labour. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Among white workers, there was significant unrest, and major strikes took place in 1907, 19, 1914 and 1922. S 149 amended by labour relations amendment act 6 fo 2014 from 1 jan 2015 amended by general intelligence laws amendment act 11 of 20 from 29 jul 20. To change the law governing labour relations and, for that purpose to give effect to section 27 of the constitution. Legislation and employment relations in south africa.