bargaining council

Meet our Demands, or we Strike – P.S Trade Unions

Section 64 of the Labour Relations Act (the “LRA”) regulates the right to strike and recourse to lock-out. In terms of Section 64(1), every employee has the right to strike, and every employer has recourse to lock-out if the issue in dispute has been referred to a council or the Commission as required by the [...]

2022-07-18T12:25:17+02:00July 18th, 2022|Strikes|Comments Off on Meet our Demands, or we Strike – P.S Trade Unions

Who may enter the gates of the CCMA and Bargaining Councils alike?

The Rules for the Conduct of Proceedings before the CCMA (“the Rules”) govern the processes of the CCMA and accordingly apply to Bargaining Councils. As such, the issue of representation has been one of contention over the years. The CCMA is a more informal process than a Court and is generally geared toward resolving matters [...]

2022-07-07T12:54:50+02:00July 7th, 2022|General|Comments Off on Who may enter the gates of the CCMA and Bargaining Councils alike?

What is a Demarcation Dispute?

While the topic of demarcation disputes can sometimes seem as if they are shrouded as an enigma and can be rather technical in nature, the purpose of this article is to provide a concise and practical understanding of demarcation disputes as well as how an employer goes about referring a demarcation dispute. The CCMA defines [...]

2022-07-04T10:02:57+02:00July 4th, 2022|General|Comments Off on What is a Demarcation Dispute?

Re-employment versus Reinstatement

Many a time when employers settle their disputes in the CCMA, either during conciliation or arbitration and the decision is made that the employee returns to work, a critical distinction to be considered carefully is whether the employee returns as a new employee or on the terms and conditions of their previously terminated employment, as [...]

2022-03-03T09:01:30+02:00March 1st, 2022|General|Comments Off on Re-employment versus Reinstatement

The Withdrawal of Organisational Rights

Organisational rights are the umbrella term for several rights conferred by trade unions. These rights can include the right to hold meetings, the right to deduct union levies and the right to have access to the employer's premises, to name a few. These rights can be found in sections 12 to 16 of the Labour [...]

2022-02-17T11:25:43+02:00February 17th, 2022|Labour Relations Act|Comments Off on The Withdrawal of Organisational Rights

How the Terms and Conditions of Bargaining Councils fits in with the Labour Relations framework

A vast labour relations framework regulates South Africa. It relies on legislation such as the Labour Relations Act or the Basic Conditions of Employment Act for their statutory base. Bargaining Councils play an important role in regulating labour relations and ensuring their enforcement. As a starting point, Bargaining Councils are bodies established by one or [...]

2022-01-17T11:04:23+02:00January 17th, 2022|General|Comments Off on How the Terms and Conditions of Bargaining Councils fits in with the Labour Relations framework

The National Minimum Wage Act 9 of 2018 (NMWA)

The NMWA aims to advance economic development and social justice by protecting workers from being paid unreasonably low wages. The Act applies to all workers and their employers except members of the National Defence Force, the National Intelligence Agency and the South African Secret Service. Every employer may not pay wages that are below the [...]

2022-01-10T13:35:48+02:00January 10th, 2022|Wages|Comments Off on The National Minimum Wage Act 9 of 2018 (NMWA)

National Bargaining Council for the Private Security Sector 

In terms of Chapter 8 of the Basic Conditions of Employment Act. 75 of 1997, section 51, the Minister may make a sectoral determination establishing basic conditions of employment for employees in a sector and area. In terms of Part C, section 27 to 34 of the Labour Relations Act 66 of 1995, one or [...]

2021-12-15T13:17:18+02:00December 15th, 2021|General|Comments Off on National Bargaining Council for the Private Security Sector 

Justification of a Fixed-Term contract as opposed to Probation

The purpose of this article is to highlight the rationale and justification for entering into a fixed-term contract whilst comparing the stark differences between a fixed-term contract as opposed to a probationary clause in an employment contract. These two concepts are often misinterpreted or misunderstood by employers, and it is vital that the legal context [...]

2021-11-22T11:45:26+02:00November 22nd, 2021|Contracts|1 Comment

The Importance of Collective Agreements

A Collective Agreement is defined in the LRA as a “written agreement concerning terms and conditions of employment or any other matter of mutual interest” concluded between a registered trade union and employer. If there is a majority union in the workplace, the agreement may also bind non-union members. Employees who are not parties to [...]

2021-11-18T11:15:12+02:00November 18th, 2021|Contracts|Comments Off on The Importance of Collective Agreements
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