What should an employer look out for when they receive a letter from the Union seeking organisational rights in the workplace in terms of Section 21 of the LRA? The employer must first establish if the notification by the Union complies with the provisions of section 21. Section 21(2) provides as follows: "(2) The notice referred [...]
In proceedings before the CCMA and Bargaining Councils, the concept of jurisdiction refers to the authority of the CCMA and councils to conciliate and arbitrate disputes between the parties. In terms of Section 135 of the Labour Relations Act, when conciliation has failed, the commissioner must issue a certificate of outcome stating that the dispute [...]
The collective bargaining process requires time, effort and money from unions – in the form of subscriptions, in order to effectively engage and bargain with employers. The employer's contribution towards the collective bargaining process is to facilitate and manage the collection and payments of trade union fees, thus financially affording the union the funds they [...]
In Hospersa and Zuid- Afrikaanse Hospital 7 (unreported CCMA award, 3 February 1997) cited in Du Toit et al (2015) 250 and Van Niekerk et al (2015) 373 the power play between Employer and Employees is described as: “Organisational rights which make it possible for a trade union to build up, consolidate and maintain a [...]
Item 4(1) of the Code of Good Practice: Collective bargaining, industrial action and picketing (hereinafter referred to as the Code), defines collective bargaining as “a voluntary process in which organised labour in the form of trade unions and employers or employer’s organisations negotiate collective agreements with each other to determine wages, terms and conditions of [...]
Employing an illegal immigrant or an employee without a work permit has serious consequences for employers. There is a perception that illegal immigrants or employees without work permits do not enjoy any benefits of protections in terms of the labour relations laws in South African. This is a misguided perception, and employers should not be [...]
In our article last week, we referred to various forms and processes regarding centralised bargaining. This week we will delve headfirst into Recognition Agreements as one of the most common plant-level forms of collective bargaining and the potential processes involved therein. A recognition agreement is the outcome of successful union recognition talks in the [...]
With terms like "business unusual" or "the new normal" being touted more and more frequently, are we expected to accept that existing rules simply don't matter or that they have been temporarily abandoned? Above is referring to the rules to which the Commission for Conciliation, Mediation and Arbitration (CCMA) are bound, essentially those that [...]
Employers may not be aware that their business activities may fall within the scope of a bargaining council’s main agreement, or they may already be registered as an employer under the auspices of a specific bargaining council. Bargaining councils include, inter alia: the Metal Engineering Bargaining Council (MEIBC), the Road Freight and Logistics Bargaining [...]
South Africa has a number of legal and illegal immigrants working in all sectors across the economy. What rights do these workers enjoy, if any? Quite often, these workers could be paid low wages, deprived of employee benefits and dismissed without reason or procedure, as an employer could be under the impression that the [...]