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Title_of_text

Labour Relations Act, 1995 [No. 66 of 1995].

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First Region

South Africa
Freedom of association, collective bargaining and industrial relations; Labour codes, general labour and employment acts
1995-11-29
National
Law, Act

Second Region

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.

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Serial region

    Serial title
    Government Gazette
    Date
    1995-12-13
    Volume
    Vol. 366
    Number
    No. 16861
    Page range
    281 p.