LRALecture 11-13

Labour Relations Act

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Those rules regulating the legal relationship between:◦ employees,◦ employers,

and also between employers and employees and the Sate, regarding delivery of services under authority.

Introduction to Labour Law

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Individual Labour Law:◦ Regulates the relationship between individual

employers and employees.◦ Is regulated by the common law contract of

employment, collective and statutory conditions of employment.

Collective Labour Law:◦ Statutory and wage regulating measures which

regulates collective labour relations. ◦ Is regulated by bargaining councils, statutory

councils, etc. ◦ Also regulates strikes, unfair labour practices and

unfair dismissal, etc.

The power of collective bargaining

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Purpose: Promote◦ Economic development ◦ Social justice ◦ Labour peace ◦ Democratization of the workplace

Who are employees i.t.o the Act? ◦ s213:◦ Employee =

Any person, excluding an independent contractor, who works for another person or for the State and who receives or is entitled to receive any remuneration; and

Any other person who in any manner assists in carrying on or conducting the business of an employer.

Labour Relations Act, 1995

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Sect 200A creates a rebuttable presumption of who is an employee – when one or more of the following factors exist: ◦ Person is subject to the control or direction of another

person;◦ Hours of work are subject to the control or direction of

another person;◦ Person is part of the organisation; ◦ Person has worked for that person for an average of at

least 40hours over the last three months;◦ Person is economically dependant on the person for who

he is working;◦ Person is provided with tools of trade or work equipment; ◦ Person works for or renders services to only one person.◦ Applicable to employees who earn less than R115 572 per

annum.

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Act not applicable to:◦ NDF;◦ National intelligence Agency;◦ National Academy of Intelligence;◦ South African Secret Service;◦ South African National Academy of Intelligence;◦ Directors and staff of Comsec. (COMSEC (formally

Electronic Communications Security (Pty) Ltd) is a company owned by the Government of South Africa through its National Intelligence Agency. COMSEC’s main task is to secure South African government communications against any unauthorized access and also from technical, electronic or any other related threats. The company also provides verification services for electronic communications security systems, products and services used by the South African government.)

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An employee:◦ Has the right to participate in the formation of a

trade union and◦ To become a member of a trade union.

An employee/member of trade union/member of federation :◦ Has the right to participate in lawful activities of

the trade union.◦ To participate in elections of the trade union.◦ To be elected or appointed as office-bearer, official

or trade union representative of union or federation.

Freedom of association

You may associate or may choose to not associate……………..

No person may discriminate against an employee for exercising any right conferred on him by the LRA.

May not ask or require a job applicant to become or cease to be member of union

No prejudice rule – Any contract that limits such rights- is invalid

UNLESS permitted by the Act.

EMPLOYERS HAVE AN EQUAL RIGHT Called an employer’s organisation ( see figurine on

p 203)

Freedom of association (Continued)

Have the right to determine its own constitution

create its own rules Hold elections for its office bearers and

officials Plan and organise its administration Participate in forming federations or to join

any federation and to affiliate with any international organisation.

Trade Unions and Employer’s organisations

Disputes regarding application or interpretation of any of the rights in Chapter II of the LRA, must be referred to the Bargaining COUNCIL in writing –

If the B/C has no jurisdiction, it must be referred to the CCMA

A copy of the referral must be sent to all other parties to the dispute and the party who refers must satisfy the council that copies had been served on all other relevant parties.

DIPUTES RE FREEDOM OF ASSOCIATION

No discrimination clause

B/C= sector /industry bargaining Trade Union/Employer=Plant enterprise level bargaining Structure for dispute- read par 11.1 p 207,208 TRADE UNIONS AND EMPLOYER’S ORGANISATIONS Define trade union: “an association of employees whose

principle purpose is to regulate relations between employees and employers, including any employer’s organisation.”

Define employer’s organisation:”any number of employer’s associated together for the purpose, whether by itself or with other purposes of regulating relation between employers and employees or trade unions”

Framework of the LRA

Name -not misleading or cause conflict Constitution must meet the requirements of the ACT Must have address in the RSA Must be genuine trade union or E/R organisation in

conformity with principles laid down by the Minister in consultation with NEDLAC and

Trade union must be independent. A trade union is independent if it is not under the

direct control of any employer’s organisation and it if it is free of any interference or influence of any kind from any employer or employer's organisation.

Requirements to be met by a trade union or employer's organisation-registration

Bargaining Council Establishment thereof Powers and functions B/C in the Public service Statutory Council Establishment and registration Powers and functions

Bargaining Institutions NB

One or more registered Trade Unions and one or more registered employer’s organisations and/or the STATE may establish a bargaining council for a specific sector or area

Parties- only those registered Constitution- equal representation and

alternates and make provision for removal from office etc

Registration- application and copy of constitution Cancellation of registration- Registrar may

cancel the registration.

Bargaining Councils

Conclude and enforce collective agreements Prevent and resolve labour disputes Establish and administer a fund to be used

for resolving disputes Promote and establish and administer

various funds and schemes like training and education schemes, pension, provident medical aid FOR THE BENEFIT of the parties

Submit proposals to Nedlac on policy and legislation that may affect the sector and areas

To confer on workplace forums additional matters for consultation

Functions of Bargaining councils

To determine by collective agreement the matters which may not be an issue in dispute for the purposes of a strike or a lock out in the workplace

Provide industrial support services within the sector and

To extend the services and functions of the council to workers in the informal sector

(continued)

PSBC ELRC PHWSBC SSSBC GPSSBC

FOR THE REST SEE P 212

Bargaining Councils in the Public sector

For a specific area and sector where no bargaining council exists

Registered trade union or two or more registered trade unions acting together whose member constitute at least 30% of the employees in a sector and area, may apply to the registrar to have a statutory council established

STATUTORY COUNCILS

Promote dispute resolution functions Promote and establish training and education

schemes Establish and administer pension, provident,

medical aid ,sick pay, holiday and unemployment schemes or funds or any similar schemes or funds for the benefit of one or more of the parties to the statutory council or their members

To conclude collective agreements and to give effect to the matters mentioned above

POWERS AND FUNCTIONS

Disputes to the CCMA Conciliation Arbitration

General