The new Labour Relations Act (LRA) 66 of 1995 was adopted by parliament on 13 September 1995.

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1 LABOUR RELATIONS ACT INTRODUCTION The new Labour Relations Act (LRA) 66 of 1995 was adopted by parliament on 13 September The new LRA gives effect to the stated goals and principles of the reconstruction and Development Programmes of the Government ensures that Labour Legislation complies with the provision of the constitution and brings South African Labour Law in line with the Conventions and recommendations of the ILO (International Labour Organisation). The main objectives of the Act are: To advance economic development, social justice, labour peace and the democratisation of the workplace. to give effect to the fundamental rights conferred by the Bill of rights contained I the institution APLLICATION OF THE LRA The LRA is applicable to every employer and every employee in every undertaking trade or occupation in South Africa. The only exclusion being: Members of the National Defence force Members of the National Intelligence Agency Members of the South African Secrete Services Members of the South African National Academy of Intelligence

2 FREEDOM OF ASSOCIATION Freedom of association is a fundamental right contained in the Bill of Rights. The right to freedom association, the right to choose who one will associate with also applies to the work environment every employer and employee has the right to choose whether to be associated with a trade union or employers organisation and a member of a federation. Employee An employee Has the right to participate in the formation of a trade union and to become a member of a trade union 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. Employer An Employer Right to participate in formation of employers organization Right to be a member of employers organization Employer/member of employer s organization/member of federation of employer s organisation Right to participate in lawful activities of employer s organization right to participate in elections right to be elected or appointed as official -bearer

3 COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION (CCMA) The CCMA is established by the Act as an independent juristic person with jurisdiction in all the provinces of the Republic. The Commission must maintain an office in each province and as many local offices as it considered necessary. FUNCTION OF THE CCMA To resolve any dispute referred to it through conciliation and if unsuccessful through arbitration. To assist parties in establishing workplace forum to advise a party to a dispute about a procedure to follow To assist a party to a dispute to obtain legal advise to accredit councils or private agencies and subsidies such accredited councils or private agencies To conduct, oversee or scrutinize any election or ballot To conduct and publish research into matters relevant to its function Disciplinary procedure in a unionised company If unsettled private mediation /arbitration/bargaining council or commission Worker represented by shop steward/union official Formal appeal hearing If dismissal occur union loose appeal Worker represented by shops steward Worker commits same offence or major offence Formal enquiry held Worker represented by shop steward Worker commits same offence Supervisor gives final written warning Worker represented DEFINITIONS by shop OF TS steward Worker commits same offence or serious offence Supervisor gives written warning Worker commits minor offence Supervisor gives verbal warning

4 A Grievance procedure in a unionised company 7.If unsettled to: private mediation/ arbitration bargaining council or commission 6. Negotiations: Trade union representatives/management representative 5. Worker and shop steward to Hearing: supervisor and personnel manager Personnel manager 4. Formal grievance filed in Writing Problem solved 3. Worker and shop steward to Supervisor Problem solved 2. Worker consults shop steward Problem solved 1. Worker speaks to a supervisor Problem solved

5 STRIKE The partial or complete concerted refusal to work, or the retardation or obstruction of work, by a person who are or have been employed for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between the employer and the employee and every reference to work in this definition includes overtime work, whether voluntary or compulsory. LOCKOUT The exclusion by an employer from the employers workplace for the purpose of compelling a demand to accept a demand in respect of any mutual interest between employer and employee. COLLECTIVE BARGAINING Take place when one or more employers engage with one or more employees with the object of reaching agreement on issues of mutual concern. It may take place in the plant or industry The LRA recognizes and provides for the formation and registration of institutions to represent employers and employees in the collective bargaining process: Trade Union, Employers Organizations and Workplace Forums TRADE UNION Any association of employees whose primary purpose is to regulate relations between employees and employers EMPLOYERS ORGANISATIONS Any number of employers associated together for the purpose of regulating relations between employers and employees or trade unions WORKPLACE FORUMS Differ from trade unions in that there are in house institutions operating within a particular company and membership is confined to employees of employers Designed to facilitate a shift from adversal collective bargaining in all matters to joint problem solving and participation in some

6 Workplace forums are not meant to be used as alternative to trade unionism Aim to promote participative management through information sharing consultation and joint problem solving