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South Africa > Freedom of association, collective bargaining and industrial relations

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Country: South Africa - Subject: Freedom of association, collective bargaining and industrial relations

  1. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    Labour Relations Amendment Act (Act No. 8 of 2018). - Legislation on-line

    Adoption: 2018-11-23 | ZAF-2018-L-108807

    To amend the Labour Relations Act, 1995, so as to provide criteria for the Minister before the Minister is compelled to extend the collective agreement as contemplated in the Act; to provide for the renewal and extension of funding agreements; to provide for picketing by collective agreement or by determination by the Commission in terms of picketing regulations; to provide for the classification of a ratified or determined minimum service; to extend the meaning of ballot to include any voting by members that is recorded in secret; to provide for the independence of the registrar and the deputy registrar; to provide for an advisory arbitration panel; to provide for an advisory arbitration award; to provide for transitional provisions; and to provide for matters connected therewith.

  2. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    Basic Conditions of Employment Amendment Act (Act No. 7 of 2018). - Legislation on-line

    Adoption: 2018-11-23 | ZAF-2018-L-108808

    To amend the Basic Conditions of Employment Act, 1997, so as to substitute and insert certain definitions; to provide for daily wage payments applicable to certain employees; to repeal certain provisions dealing with sectoral determinations and to disestablish the Employment Conditions Commission; to extend the jurisdiction of the Commission for Conciliation, Mediation and Arbitration; to extend the provisions for monitoring and enforcement by the labour inspector; to include enforcement of the provisions of the National Minimum Wage Act, 2018, the Unemployment Insurance Act, 2001 and the Unemployment Insurance Contributions Act, 2002; to provide for claims for underpayment; to provide for transitional arrangements; to regulate sectoral determinations currently in force; to strengthen collective bargaining in respect of the sectors regulated by those sectoral determinations; and to provide for matters connected therewith.

  3. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    Act No. 6, 2014: Labour Relations Amendment Act, 2014. - Legislation on-line

    Adoption: 2014-08-15 | Date of entry into force: 2015-01-01 | ZAF-2014-L-94542

    To amend the Labour Relations Act, 1995, so as to facilitate the granting of organisational rights to trade unions that are sufficiently representative; to strengthen the status of picketing rules and agreements; to amend the operation, functions and composition of the essential services committee and to provide for minimum service determinations; to provide for the Labour Court to order that a suitable person be appointed to administer a trade union or employers' organisation; to enable judges of the Labour Court to serve as a judge on the Labour Appeal Court; to further regulate enquiries by arbitrators; to provide greater protection for workers placed in temporary employment services; to regulate the employment of fixed term contracts and part-time employees earning below the earnings threshold determined by the Minister; to further specify the liability for employer's obligations; and to substitute certain definitions; and to provide for matters connected therewith.

  4. South Africa - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Labour Relations Act: Rules: Conduct of proceedings before the Commission for Conciliation, Mediation and Arbitration: Amendment (R. No. 97). - Regulation on-line

    Adoption: 2007-02-09 | ZAF-2007-R-75683

    Substitutes pages 275, 276 and 277 concerning CCMA contacts with new contacts.

  5. South Africa - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Labour Relations Act: Commission for Conciliation, Mediation and Arbitration: Rules for conduct of proceedings (No. R. 1448). - Regulation on-line

    Adoption: 2003-10-10 | ZAF-2003-R-75682

    Part 1 - Serving and filing of documents
    Part 2 - Conciliation of disputes
    Part 3 - Con-arb in terms of section 191 (5A)
    Part 4 - Arbitrations
    Part 5 - Rules that apply to conciliations and arbitrations and con-arbs
    Part 6 - Applications
    Part 7 - Pre-dismissal arbitration in terms of section 188A
    Part 8 - General

  6. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    Labour Relations Amendment Act, 2002 [No. 12 of 2002]. - Labour Relations Amendment Act 2002

    Adoption: 2002-06-24 | ZAF-2002-L-62422

    Amends Labour Relations Act 1995. Provides for the following matters: enforcement of collective bargaining agreements; extension of functions of bargaining councils so as to enhance effective enforcement of bargaining council agreements; rationalisation of registration and amalgamation of bargaining councils in public service; extension of information that bargaining councils must supply to registrar; extension of powers of Commission to make rules concerning procedures; making of regulations by Minister concerning representation at Commission; making of settlement agreements into arbitration awards or Labour Court orders; exclusion of application of Arbitration Act 1965 to bargaining council arbitration; concurrent appointment of Labour Court Judges as High Court Judges; regulation of right of employees not to be subjected to unfair labour practices; regulation of resolution of disputes concerning occupational detriment in terms of Protected Disclosures Act 2000; clarification and revision of procedures for resolving disputes in respect of dismissals based on employer's operational requirements; expediting of resolution of disputes by Commission by conciliation or arbitration; clarification of transfer of contracts of employment in the case of transfers of business, trade or undertaking as a going concern, rebuttable presumption as to who is an employee, as well as some related matters.

  7. South Africa - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Guidelines issued in terms of section 95(8) of Labour Relations Act 66 of 1995.

    Adoption: 2002 | ZAF-2002-M-64787

    Contains guidelines issued by the Minister of Labour that are to be applied by Registrar of Labour Relations in determining whether an applicant for registration in terms of Labour Relations Act is a genuine trade union or a genuine employers' organisation. Deals with the following matters: definition of trade union; formation of trade union; qualification for membership of trade union; membership of trade union; activities of trade union; independence from employers; association of employers; association not for gain; and federation affiliations.

  8. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    Nonprofit Organisations Amendment Act (No. 17 of 2000).

    Adoption: 2000-06-07 | ZAF-2000-L-56733

    Amends the Nonprofit Organisations Act, 1997, to alter the procedure of preparing and issuing model documents and codes of good practice, and to effect certain textual changes.

  9. South Africa - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Regulations Regarding the Role of Managers Prior to Strike Action (No. 327 of 2000).

    Adoption: 2000-03-31 | ZAF-2000-R-56826

    Applies to all heads of public schools, colleges of education, technical and other colleges, further education and training institutions, adult basic education and training centres, early childhood development centres, and to all office based educators. Regulates responsibilities of managers, procedure to be followed by managers prior to strike action, and procedure during strike action.

  10. South Africa - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Rules Regulating the Practice and Procedure for Resolving Disputes through Conciliation and at Arbitration Proceedings (No. R. 245) (CCMA Rules). - Legislation on-line

    Adoption: 2000-03-31 | ZAF-2000-R-64967

    Made under Labour Relations Act, 1995. Regulates procedure for resolving disputes through conciliation and arbitration proceedings. Inter alia provides for filing of documents, conciliation procedure, arbitration procedure, witness fees, costs, subpoenas and representation at proceedings.

  11. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    Labour Relations Amendment Act, 1998 (No. 127 of 1998).

    Adoption: 1998-11-20 | Date of entry into force: 1999-02-01 | ZAF-1998-L-51677

    Amends the Labour Relations Act, 1995 to make pension, provident or medical aid schemes or funds established by a council or statutory council subject to laws applicable to such funds, and to continue such funds in the event of the winding up of the council or statutory council which established them; and to adjust the requirements for extending to non-parties coverage by any collective agreement concluded in a bargaining council. Authorizes a commissioner to consolidate various conciliation proceedings between the same parties involved in two or more disputes, and imposes a time limit on the referral of a matter to arbitration or to the Labour Court. Other amendments regard administrative matters and the competencies of the Labour Minister and the Commission for Conciliation, Mediation and Arbitration.

  12. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    Nonprofit Organisations Act, 1997 (No. 71 of 1997).

    Adoption: 1997-11-26 | Date of entry into force: 1998-09-01 | ZAF-1997-L-49061

    Provides for a Directorate for Nonprofit Organisations, registration of such organisations, and related matters.

  13. South Africa - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Designation of essential services.

    Adoption: 1997-09-12 | ZAF-1997-M-48079

    List promulgated by the Essential Services Committee defining services which shall be considered essential services for the purposes of the Labour Relations Act, 1995 (No. 66 of 1995).

  14. South Africa - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Amendment of Essential Services Regulation (No. R. 1034).

    Adoption: 1997-08-01 | ZAF-1997-R-47642

    Substitutes ss. 4(4) regarding decisions of the Labour Court.

  15. South Africa - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Amendment of the General Labour Relations Regulations and an addition to the forms annexed to those Regulations (No. R. 422).

    Adoption: 1997-03-27 | ZAF-1997-R-46691

    Provides for a model bargaining council constitution.

  16. South Africa - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Addition of Schedule 9: Model Constitution for a Statutory Council (No. R. 433).

    Adoption: 1997-03-27 | ZAF-1997-M-46692

    Adds a new Schedule 9 providing a model constitution for a statutory council.

  17. South Africa - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Amendment of Schedule 7 of the Labour Relations Act (Government Notice No. R 2025).

    Adoption: 1996-12-06 | ZAF-1996-M-45812

  18. South Africa - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Amendment of Schedule 7 of the Labour Relations Act (Government Notice R. 1734).

    Adoption: 1996-11-01 | ZAF-1996-M-45810

    Amendments to Schedule 7 concerning registration of trade unions and accreditation of bargaining councils.

  19. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    Labour Relations Amendment Act, 1996 (No. 42 of 1996).

    Adoption: 1996-04-10 | ZAF-1996-L-45309

    Amends the Labour Relations Act, 1995 so as to regulate the extension of any collective agreement that has been concluded in a bargaining council and that does not apply to all employees under the jurisdiction of that council; to empower the dispute resolution committee as regards the resolutions of disputes between different bargaining councils in the public service; to provide for a council to enter into an agreement with the Commission for Conciliation, Mediation and Arbitration; and to allow disputes between employers and employees engaged in maintenance services to be referred to arbitration in certain circumstances. Also amends provisions relating to judges of the Labour Court and the Labour Appeal Court.

  20. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    Labour Relations Act, 1995 [No. 66 of 1995]. - Legislation on-line Legislation on-line

    Adoption: 1995-11-29 | ZAF-1995-L-43174

    Provides comprehensive legislation governing labour relations. Chapter II provides for the employee's right to freedom of association: s. 5 prohibits discrimination against persons who are members of trade unions. S. 6 provides for the employer's right to form associations. Chapter III covers collective bargaining. Provisions relating to trade union activities are outlined in Part A. Part B outlines the legal effect of collective agreements. Part C governs the creation and functions of bargaining councils, which may represent trade unions in an economic sector. Sections E and F govern the establishment and functions of statutory councils, which may perform resolution functions and administer pension, provident, medical, training and employment schemes. Chapter IV concerns strikes and lock-outs. Employees have the right to strike provided that they have given due notice to the employer and exhausted means of arbitration. S. 76 prohibits replacement labour in the event of a strike. Chapter V regulates the establishment and functions of workplace forums. Workplace forums may be established in workplaces of over 100 employees and may enter into discussion on matters related to, inter alia, work organization, product development, and health and safety issues (s. 84). Chapter VI governs trade unions and employers' organizations. Chapter VII covers dispute resolution. Inter alia, this Chapter establishes a Commission for Conciliation, Mediation and Arbitration (Part A), as well as a Labour Court (Part D), and a Labour Appeal Court (Part E). Chapter VII contains provisions relating to unfair dismissal. Unfair dismissal is defined as dismissal due to, inter alia, an employee's participation in a strike, pregnancy, or an employee's religion, sex, sexual orientation, age, and ethnicity. Chapter IX contains general provisions, including provisions relating to temporary employment services. Schedule 1 covers the establishment of bargaining councils for public service; Schedule 2 provides guidelines for the constitution of a workplace forum; Schedule 3 covers the Commission on Conciliation, Mediation and Arbitration; Schedule 8 relates to dismissals. Transitional arrangements, including those relating to existing trade unions, are covered in Schedule 7. An updated version of this text appears at regular intervals in: South African Labour Law, eds. Clive Thompson and Paul Benjamin (Kenwyn: Juta and Co.). Available in DOC.NORMES.

  21. South Africa - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Regulations for the South African Police Service (No. R. 1489).

    Adoption: 1995-09-27 | ZAF-1995-R-41995

    Attached Schedule provides two sets of regulations, the South African Police Service Labour Relations Regulations and the South African Police Service Grievance Procedure Regulations. The first set regulates employee organizations. Section 2(1) guarantees the right of police officers to form and join employee organizations. Sections 3 through 11 create and regulate a National Negotiating Forum and a Provincial Negotiating Forum to deal with matters of mutual concern to employers and employees. Section 12 forbids strikes by employees and lock-outs by employers. Section 13 provides for arbitration procedures. The second set of regulations governs grievance procedures.

  22. South Africa - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Regulations regarding the integration of the Labour Relations Act, 1956 (No. R. 1257).

    Adoption: 1995-08-18 | Date of entry into force: 1995-09-01 | ZAF-1995-R-41856

    Provides regulations relating to registration of trade unions and industrial councils. Made under the Integration of Labour Laws Act, 1994.

  23. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    Agricultural Labour Act, 1993 (No. 147 of 1993)

    Adoption: 1993-10-01 | ZAF-1993-L-35139

    Provides for the application of the Labour Relations Act, 1956, as amended, and the Basic Conditions of Employment Act, 1983 to the agricultural sector. Establishes an Agricultural Labour Court. Provides that whenever there is a dispute between an employer and an employee engaged in farming activities concerning an alleged unfair labour practice, any party to the dispute may refer the dispute to the agricultural labour court for determination.
    Chapter one of the Act was repealed by the Labour Relations Act, 1995 (No. 66 of 1995).

  24. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    Public Service Labour Relations Act, 1993 (No. 102 of 1993)

    Adoption: 1993-06-28 | ZAF-1993-L-34696

    Regulates labour relations in the Public Service, including collective bargaining at central and departmental levels, the registration, recognition and admission of employee organisations and the prevention and settlement of disputes of a collective and individual nature between the State as employer, its employees and organisations. Provides for conciliation boards to resolve disputes with the employer regarding the rights of individual employees, and grants the right to strike to all employees other than those engaged in essential services. Interest disputes relating to employees involved in essential services shall be subject to compulsory arbitration if they cannot be settled through negotiations by the relevant parties.

  25. South Africa - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Rules in Terms of Section 17A (7) of the Labour Relations Act, 1956 (Act No. 28 of 1956), Regulating the Conduct of the Proceedings of the Labour Appeal Court (No. R. 161)

    Adoption: 1992-01-10 | Date of entry into force: 1992-01-17 | ZAF-1992-R-28005

    Under the authority of the Labour Relations Act, the Minister of Justice promulgated a Schedule of rules regulating the conduct of proceedings in the Labour Court of Appeal.

  26. South Africa - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Government Notice No. R.847, respecting amendment of regulations under the Labour Relations Act, 1956.

    Adoption: 1991-04-19 | Date of entry into force: 1991-05-01 | ZAF-1991-R-22654

    Amends the Regulations promulgated by Government Notice No. R.235 of 21 February 1964, as already amended, in consequence of the promulgation of the Labour Relations Amendments Act, 1991. Amendments are chiefly concerned with procedures relating to application for an interdict or other order in the event of a strike or lock-out, the settlement of disputes concerning unfair labour practices, conciliation proceedings.

  27. South Africa - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Rules for the Conduct of Proceedings for the Industrial Court 1990. No. R. 771.

    Adoption: 1990-04-05 | Date of entry into force: 1990-05-01 | ZAF-1990-R-20514

    Rules established pursuant to s.17(22) (c) of the Labour Relations Act, 1956 (No. 28), stipulating the rules, procedures, functions and operations of the industrial court as provided for in s.17(1) of the Act.

  28. South Africa - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Determination of Seats and Designation of Places for Sessions of the Labour Appeal Court. Government Notice No. 2272.

    Adoption: 1988-11-11 | ZAF-1988-M-7407

    The Labour Appeal Court was established under the Labour Relations Amendment Act 1988 (ISN 6474).

  29. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    Mines and Works Act, 1956 (Act 27 of 1956), Amendment of Regulations. Government Notice No. R. 1352.

    Adoption: 1988-07-08 | ZAF-1988-L-6548

    Amend the Regulations published in Government Notice R. 992 of 26 June 1970, as amended. The amendments concern various safety and precautionary measures, hygiene facilities, work clothing, blasting, the definition of time worked, and advisory committees. Refers in several provisions to preliminary negotiations with individual employee's organisations.

  30. South Africa - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Order under the Security Emergency Regulations 1988: Congress of South African Trade Unions. Government Notice No. 1113.

    Adoption: 1988-06-10 | ZAF-1988-R-6685

    Prohibits the organisation in question from engaging in specified acts.

  31. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    Proclamation No. R. 97: Public Safety Act, Security Emergency Regulations.

    Adoption: 1988-06-09 | ZAF-1988-L-6684

    Inter alia, provides for issuing order prohibiting organisations from engaging in certain activities or acts and restricting the activities of natural persons.

  32. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    Government Notice No. 621: Gatherings prohibited under section 46(3) of the Internal Security Act 1982.

    Adoption: 1988-03-31 | ZAF-1988-L-6058

    Prohibits, inter alia, any gathering held "to advise, encourage, instigate or incite, except in so far as it is not forbidden in terms of s. 65 of the Labour Relations Act, 1956 (Act 28 of 1956), any person to leave his work or service or not to return to such work or service, or to delay or impede it." The prohibitions apply until 31 Mar. 1989.

  33. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    Order under the Regulations made under the Public Safety Act 1953. Government Notice No. 334.

    Adoption: 1988-02-24 | ZAF-1988-L-6057

    In particular, prohibits the Congress of South African Trade Unions from performing a series of specified activities (s. 2).

  34. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    South African Transport Services Amendment Act 1987. No. 91.

    Adoption: 1987-10-16 | ZAF-1987-L-4635

    Amends s. 26 of the Conditions of Employment (South African Transport Services) Act 1983 so as to provide for steps which may be taken by the General Manager in case of an illegal strike (including termination of an employee's service) and inserts s. 32A in that Act for the purpose of achieving parity in service conditions for employees of all races. Also amends s. 1 and repeals s. 16 of the Railway and Harbours Pensions for Non-Whites Act 1974 for the purposes of having parity in pension benefits for all races. In addition, amends ss. 4 and 9 of the South African Transport Service Act 1981 regarding other functions.

  35. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    Mines and Works Amendment Act 1987. No. 38.

    Adoption: 1987-09-02 | ZAF-1987-L-4624

    Amends the Mines and Works Act 1956 in relation to the regulatory powers of the Minister. In particular, refers to requirements for certification of competency with a view to safety and health at mines or works ("provided that no distinction shall be made on the basis of race or colour" (new s. 12(nA)) and the permissible number of hours or shifts which employees with a view to safety and health may work. Adds a new subsection (2) to section 12 stating that the Minister shall consult with any employees' or employers' organisation which in the Minister's opinion has an interest in the composition of certain committees.

  36. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    Proclamation No. R. 97, 1987. Regulations under the Public Safety Act 1953.

    Adoption: 1987-06-11 | ZAF-1987-L-3836

    Inter alia, the Regulations define "subversive statement" as meaning a statement which encourages members of the public to take part in specified boycott actions, "to stay away from work or to strike in contravention of the provisions of any law, or to support any such stayway action or strike...".

  37. South Africa - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Black Local Authorities Staff Regulations. Government Notice No. 1957.

    Adoption: 1986-09-12 | ZAF-1986-R-2693

    Amends Government Notice No. 2568 of 25 Nov. 1983 regarding, inter alia, misconduct by municipal police officers. Misconduct includes joining in any mutiny, strike, riot or revolt and, if such an event takes place in his precence, failing to do his utmost to suppress it (Reg. 12). Inserts a new Reg. 13A regarding alternative procedures in cases of misconduct.

  38. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    National Education Policy Amendment Act (House of Assembly) 1986. No. 103.

    Adoption: 1986-09-10 | ZAF-1986-L-2851

    Amends the National Education Policy Act 1967 so as, inter alia, to permit greater participation by the organised teaching profession in education and the training of teachers. Provides for the recognition by the Minister of Education and Culture of a body for the organised teaching profession. Abolishes the National Education Council and provides for the constitution of an ad hoc council. Governs other related matters.

  39. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    Amendment of Regulations under the Public Safety Act 1953. Proclamation No. R. 140, 1986.

    Adoption: 1986-08-01 | ZAF-1986-L-2581

    Amends, inter alia, Regulation 9 to refer in subregulation (1) to "any public disturbance, disorder, riot, public violence, strike or boycott, etc.".

  40. South Africa - Freedom of association, collective bargaining and industrial relations - Law, Act

    Merchant Shipping Amendment Act 1982.

    Adoption: 1982-02-16 | ZAF-1982-L-10598

    Act to amend the Merchant Shipping Act 1951, so as to further define the functions of certain officers in relation to the crews of ships; to further regulate the disposal of wages payable to seamen; and to provide for the application in the Republic of conventions relating to merchant shipping matters; and to provide for matters connected therewith. No. 3. Miscellaneous amendments.


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