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South
Africa
NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Labour
Relations Act, No. 66 of 1995
Long
title
To change the law governing labour relations and, for that purpose-to give effect to section 23 of the Constitution; to regulate the organisational rights of trade unions; to promote and facilitate collective bargaining at the workplace and at sectoral level; to regulate the right to strike and the recourse to lock-out in conformity with the Constitution; to promote employee participation in decision-making through the establishment of workplace forums; to provide simple procedures for the resolution of labour disputes through statutory conciliation, mediation and arbitration (for which purpose the Commission for Conciliation, Mediation and Arbitration is established), and through independent alternative dispute resolution services accredited for that purpose; to establish the Labour Court and Labour Appeal Court as superior courts, with exclusive jurisdiction to decide matters arising from the Act; to provide for a simplified procedure for the registration of trade unions and employers' organisations, and to provide for their regulation to ensure democratic practices and proper financial control; to give effect to the public international law obligations of the Republic relating to labour relations; to amend and repeal certain laws relating to labour relations; and to provide for incidental matters.
_____________
[...as amended by Act 2014_006_043_20140818]
Table of contents
Legislation Text Access Point
To change the law governing labour relations and, for that purpose-to give effect to section 23 of the Constitution; to regulate the organisational rights of trade unions; to promote and facilitate collective bargaining at the workplace and at sectoral level; to regulate the right to strike and the recourse to lock-out in conformity with the Constitution; to promote employee participation in decision-making through the establishment of workplace forums; to provide simple procedures for the resolution of labour disputes through statutory conciliation, mediation and arbitration (for which purpose the Commission for Conciliation, Mediation and Arbitration is established), and through independent alternative dispute resolution services accredited for that purpose; to establish the Labour Court and Labour Appeal Court as superior courts, with exclusive jurisdiction to decide matters arising from the Act; to provide for a simplified procedure for the registration of trade unions and employers' organisations, and to provide for their regulation to ensure democratic practices and proper financial control; to give effect to the public international law obligations of the Republic relating to labour relations; to amend and repeal certain laws relating to labour relations; and to provide for incidental matters.
_____________
[...as amended by Act 2014_006_043_20140818]
Table of contents
| SECTION | TITLE |
| CHAPTER I. PURPOSE, APPLICATION AND INTERPRETATION | |
| 1. | Purpose of this Act |
| 2. | Exclusion from application of this Act |
| 3. | Interpretation of this Act |
| CHAPTER II. FREEDOM OF ASSOCIATION AND GENERAL PROTECTIONS | |
| 4. | Employees' right to freedom of association |
| 5. | Protection of employees and persons seeking employment |
| 6. | Employers' right to freedom of association |
| 7. | Protection of employers' rights |
| 8. | Rights of trade unions and employers' organisations |
| 9. | Procedure for disputes |
| 10. | Burden of proof |
| CHAPTER III. COLLECTIVE BARGAINING | |
| Part A. Organisational Rights | |
| 11. | Trade union representativeness |
| 12. | Trade union access to workplace |
| 13. | Deduction of trade union subscriptions or levies |
| 14. | Trade union representatives |
| 15. | Leave for trade union activities |
| 16. | Disclosure of information |
| 17. | Restricted rights in domestic sector |
| 18. | Right to establish thresholds of representativeness |
| 19. | Certain organisational rights for trade union party to council |
| 20. | Organisational rights in collective agreements |
| 21. | Exercise of rights conferred by this Part 4 |
| 22. | Disputes about organisational rights |
| Part B. Collective Agreements | |
| 23. | Legal effect of collective agreement |
| 24. | Disputes about collective agreements |
| 25. | Agency shop agreements |
| 26. | Closed shop agreements |
| Part C. Bargaining Councils | |
| 27. | Establishment of bargaining councils |
| 28. | Powers and functions of bargaining council |
| 29. | Registration of bargaining councils |
| 30. | Constitution of bargaining council |
| 31. | Binding nature of collective agreement concluded in bargaining council |
| 32. | Extension of collective agreement concluded in bargaining council |
| 32A. | Renewal and extension of funding agreements [...inserted by Act 2018_008_002_20181127] |
| 33. | Appointment and powers of designated agents of bargaining councils |
| 33A. | Establishment of collective agreements by bargaining councils [...inserted by Act 2002_012_007_20020624] |
| 34. | Amalgamation of bargaining councils |
| Part D. Bargaining Councils in the Public Service | |
| 35. | Bargaining councils in public service |
| 36. | Public Service Co-ordinating Bargaining Council |
| 37. | Bargaining councils in sectors in public service |
| 38. | Disputes between bargaining councils in public service [...Title amended by Act 2002_012_009_20020624 - was entitled "Dispute resolution committee"] |
| Part E. Statutory Councils | |
| 39. | Application to establish statutory council |
| 40. | Establishment and registration of statutory council |
| 41. | Establishment and registration of statutory council in absence of agreement |
| 42. | Certificate of registration of statutory council |
| 43. | Powers and functions of statutory councils |
| 44. | Ministerial determinations |
| 45. | Disputes about determinations |
| 46. | Withdrawal of party from statutory council |
| 47. | Appointment of new representative of statutory council |
| 48. | Change of status of statutory council |
| Part F. General Provisions concerning Councils | |
| 49. | Representativeness of council |
| 50. | Effect of registration of council |
| 51. | Dispute resolution functions of council |
| 52. | Accreditation of council or appointment of accredited agency |
| 53. | Accounting records and audits |
| 54. | Duty to keep records and provide information to registrar |
| 55. | Delegation of functions to committee of council |
| 56. | Admission of parties to council |
| 57. | Changing constitution or name of council |
| 58. | Variation of registered scope of council |
| 59. | Winding-up of council |
| 60. | Winding-up of council by reason of insolvency |
| 61. | Cancellation of registration of council |
| 62. | Disputes about demarcation between sectors and areas |
| 63. | Disputes about Parts A and C to F |
| CHAPTER IV. STRIKES AND LOCK-OUTS | |
| 64. | Right to strike and recourse to lock-out |
| 65. | Limitations on right to strike or recourse to lock-out |
| 66. | Secondary strikes |
| 67. | Strike or lock-out in compliance with this Act |
| 68. | Strike or lock-out not in compliance with this Act |
| 69. | Picketing |
| 70. | Essential services committee |
| 70A. | Composition of essential services committee [...inserted by Act 2014_006_011_20140818] |
| 70B. | Powers and functions of essential services committee [...inserted by Act 2014_006_011_20140818] |
| 70C. | Appointment of panels [...inserted by Act 2014_006_011_20140818] |
| 70D. | Powers and functions of panel [...inserted by Act 2014_006_011_20140818] |
| 70E. | Jurisdiction and administration of essential services committee [...inserted by Act 2014_006_011_20140818] |
| 70F. | Regulations for essential services committee [...inserted by Act 2014_006_011_20140818] |
| 71. | Designating a service as an essential service |
| 72. | Minimum services |
| 73. | Disputes about minimum services and about whether a service is an essential service [...amended by Act 2014_006_014(a)_20140818 - was entitled "Disputes about whether a service is an essential service"] |
| 74. | Disputes in essential services |
| 75. | Maintenance services |
| 76. | Replacement labour |
| 77. | Protest action to promote or defend socio-economic interests of workers |
| CHAPTER V. WORKPLACE FORUMS | |
| 78. | Definitions in this Chapter |
| 79. | General functions of workplace forum |
| 80. | Establishment of workplace forum |
| 81. | Trade union based workplace forum |
| 82. | Requirements for constitution of workplace forum |
| 83. | Meetings of workplace forum |
| 84. | Specific matters for consultation |
| 85. | Consultation |
| 86. | Joint decision-making |
| 87. | Review at request of newly established workplace forum |
| 88. | Matters affecting more than one workplace forum in an employer's operation |
| 89. | Disclosure of information |
| 90. | Inspection and copies of documents |
| 91. | Breach of confidentiality |
| 92. | Full-time members of workplace forum |
| 93. | Dissolution of workplace forum |
| 94. | Disputes about workplace forums |
| CHAPTER VI. TRADE UNIONS AND EMPLOYERS' ORGANISATIONS | |
| Part A. Registration and Regulation of Trade Unions and Employers' Organisations | |
| 95. | Requirements for registration of trade unions or employers' organisations |
| 96. | Registration of trade unions or employers' organisations |
| 97. | Effect of registration of trade union or employers' organisation |
| 98. | Accounting records and audits |
| 99. | Duty to keep records |
| 100. | Duty to provide information to registrar |
| 101. | Changing constitution or name of registered trade unions or employers' organisations |
| 102. | Amalgamation of trade unions or employers' organisations |
| 103. | Winding-up of trade unions or employers' organisations [...Title amended by Act 2002_012_019(a)_20020624 - was entitled "Winding-up of registered trade unions or registered employers' organisations"] |
| 103A. | Appointment of administrator [...inserted by Act 2014_006_016_20140818] |
| 104. | Winding-up of trade unions or employers' organisations by reason of insolvency |
| 105. | Declaration that trade union is no longer independent [...Title amended by Act 2002_012_020_20020624 - was entitled "Cancellation of registration of trade union that is no longer independent"] |
| 106. | Cancellation of registration of trade unions or employers' organisations |
| Part B. Regulation of Federations of Trade Unions and Employers' Organisations | |
| 107. | Regulation of federations of trade unions or employers' organisations |
| Part C. Registrar of Labour Relations | |
| 108. | Appointment of registrar of labour relations |
| 109. | Functions of registrar |
| 110. | Access to information |
| Part D. Appeals from Registrar's Decision | |
| 111. | Appeals from registrar's decision |
| CHAPTER VII. DISPUTE RESOLUTION | |
| Part A. Commission for Conciliation, Mediation and Arbitration | |
| 112. | Establishment of Commission for Conciliation, Mediation and Arbitration |
| 113. | Independence of Commission |
| 114. | Area of jurisdiction and offices of Commission |
| 115. | Functions of Commission |
| 116. | Governing body of Commission |
| 117. | Commissioners of Commission |
| 118. | Director of Commission |
| 119. | Acting director of Commission |
| 120. | Staff of Commission |
| 121. | Establishment of committees of Commission |
| 122. | Finances of Commission |
| 123. | Circumstances in which Commission may charge fees |
| 124. | Contracting by Commission, and Commission working in association with any person |
| 125. | Delegation of governing body's powers, functions and duties |
| 126. | Limitation of liability and limitation on disclosure of information |
| Part B. Accreditation of and Subsidy to Councils and Private Agencies | |
| 127. | Accreditation of councils and private agencies |
| 128. | General provisions relating to accreditation |
| 129. | Amendment of accreditation |
| 130. | Withdrawal of accreditation |
| 131. | Application to renew accreditation |
| 132. | Subsidy to council or private agency |
| Part C. Resolution of Disputes under Auspices of Commission | |
| 133. | Resolution of disputes under auspices of Commission |
| 134. | Disputes about matters of mutual interest |
| 135. | Resolution of disputes through conciliation |
| 136. | ... [...repealed - was entitled "Appointment of commissioner to resolve dispute through arbitration"] |
| 137. | Appointment of senior commissioner to resolve dispute through arbitration |
| 138. | General provisions for arbitration proceedings |
| 139. | Special provisions for arbitrating disputes in essential services |
| 140. | Special provisions for arbitrations about dismissals for reasons related to conduct or capacity |
| 141. | Resolution of disputes if parties consent to arbitration under auspices of Commission |
| 142. | Powers of commissioner when attempting to resolve disputes |
| 142A. | Making settlement agreement arbitration award [...inserted by Act 2002_012_031_20020624] |
| 143. | Effect of arbitration awards |
| 144. | Variation and rescission of arbitration awards and rulings [...Title amended by Act 2002_012_033_20020624 - was entitled "Variation and rescission of arbitration awards"] |
| 145. | Review of arbitration awards |
| 146. | Exclusion of Arbitration Act |
| 147. | Performance of dispute resolution functions by Commission in exceptional circumstances |
| 148. | Commission may provide advice |
| 149. | Commission may provide assistance |
| 150. | Commission may appoint commissioner to conciliate in public interest [...substituted by Act 2014_006_024_20140818 - was entitled "Commission may offer to resolve dispute through conciliation"] |
| 150A. | Advisory arbitration panel in public interest [...inserted by Act 2018_008_017_20181127] |
| 150B. | Composition of advisory arbitration panel [...inserted by Act 2018_008_017_20181127] |
| 150C. | Advisory arbitration award [...inserted by Act 2018_008_017_20181127] |
| 150D. | Effect of advisory arbitration award [...inserted by Act 2018_008_017_20181127] |
| 150. | Commission may appoint commissioner to conciliate in public interest [...amended by Act 2014_006_024_20140818 - was entitled "Commission may offer to resolve dispute through conciliation"] |
| Part D. Labour Court | |
| 151. | Establishment and status of Labour Court |
| 152. | Composition of Labour Court |
| 153. | Appointment of judges of Labour Court |
| 154. | Tenure, remuneration and terms and conditions of appointment of Labour Court judges |
| 155. | Officers of Labour Court |
| 156. | Area of jurisdiction and seat of Labour Court |
| 157. | Jurisdiction of Labour Court |
| 158. | Powers of Labour Court |
| 159. | Rules Board for Labour Courts and rules for Labour Court |
| 160. | Proceedings of Labour Court to be carried on in open court |
| 161. | Representation before Labour Court |
| 162. | Costs |
| 163. | Service and enforcement of orders of Labour Court |
| 164. | Seal of Labour Court |
| 165. | Variation and rescission of orders of Labour Court |
| 166. | Appeals against judgment or order of Labour Court |
| Part E. Labour Appeal Court | |
| 167. | Establishment and status of Labour Appeal Court |
| 168. | Composition of Labour Appeal Court |
| 169. | Appointment of [ other ] judges of Labour Appeal Court [...[...Title amended by Act 1996_042_047_19960910 by way of unmarked insertion - was entitled "Appointment of judges of Labour Appeal Court"] |
| 170. | Tenure, remuneration and terms and conditions of appointment of Labour Appeal Court judges |
| 171. | Officers of Labour Appeal Court |
| 172. | Area of jurisdiction and seat of Labour Appeal Court |
| 173. | Jurisdiction of Labour Appeal Court |
| 174. | Powers of Labour Appeal Court on hearing of appeals |
| 175. | Labour Appeal Court may sit as court of first instance |
| 176. | Rules for Labour Appeal Court |
| 177. | Proceedings of Labour Appeal Court to be carried on in open court |
| 178. | Representation before Labour Appeal Court |
| 179. | Costs |
| 180. | Service and enforcement of orders |
| 181. | Seal of Labour Appeal Court |
| 182. | Judgments of Labour Appeal Court binding on Labour Court |
| 183. | Labour Appeal Court final court of appeal |
| Part F. General Provisions Applicable to Courts established by this Act | |
| 184. | General provisions applicable to courts established by this Act |
| CHAPTER VIII. UNFAIR DISMISSAL AND UNFAIR LABOUR PRACTICE [...Title amended by Act 2002_012_039_20020624 - was entitled "Unfair Dismissal"] | |
| 185. | Right not to be unfairly dismissed or subjected to unfair labour practice [...Title amended by Act ... - was entitled "Right not to be unfairly dismissed"] |
| 186. | Meaning of dismissal and unfair labour practice [...Title amended by Act 2002_012_041(a)_20020624 - was entitled "Meaning of dismissal"] |
| 187. | Automatically unfair dismissals |
| 188. | Other unfair dismissals |
| 188A. | Inquiry by arbitrator [...inserted by Act 2002_012_043_20020624] [...amended by Act 2014_006_032(a)_20140818 - was entitled "Agreement for pre-dismissal arbitration"] |
| 189. | Dismissals based on operational requirements |
| 189A. | Dismissals based on operational requirements by employers with more than 50 employees [...inserted by Act 2002_012_045_20020624] |
| 190. | Date of dismissal |
| 191. | Disputes about unfair dismissals and unfair labour practices [...Title amended by Act 2002_012_046(a)_20020624 - was entitled "Disputes about unfair dismissals"] |
| 192. | Onus in dismissal disputes |
| 193. | Remedies for unfair dismissal and unfair labour practices [...Title amended by Act 2002_012_047(a)_20020624 - was entitled - "Remedies for unfair dismissals"] |
| 194. | Limits on compensation |
| 195. | Compensation is in addition to any other amount |
| 196. | ... [...repealed by Act 1997_075_095(5) - was entitled "Severance pay"] |
| 197. | Transfer of contract of employment |
| 197A. | Transfer of contract of employment in circumstances of insolvency [...inserted by Act 2002_012_050_20020624] |
| 197B. | Disclosure of information concerning insolvency [...inserted by Act 2002_012_050_20020624] |
| CHAPTER IX. REGULATION OF NON-STANDARD EMPLOYMENT AND GENERAL PROVISIONS [...Title amended by Act 2014_006_036_20140818 - was entitled "GENERAL PROVISIONS"] | |
| 198. | Temporary Employment Services |
| 198A. | Application of section 198 to employees earning below earnings threshold [...inserted by Act 2014_006_038_20140818] |
| 198B. | Fixed term contracts with employees earning below earnings threshold [...inserted by Act 2014_006_038_20140818] |
| 198C. | Part-time employment of employees earning below earnings threshold [...inserted by Act 2014_006_038_20140818] |
| 198D. | General provisions applicable to sections 198A to 198C [...inserted by Act 2014_006_038_20140818] |
| 199. | Contracts of employment may not disregard or waive collective agreements or arbitration awards |
| 200. | Representation of employees or employers |
| 200A. | Presumption as to who is employee [...inserted by Act 2002_012_051_20020624] |
| 200B.. | Liability for employer's obligations [...inserted by Act 2014_006_040_20140818] |
| 201. | Confidentiality |
| 202. | Service of documents |
| 203. | Codes of good practice |
| 204. | Collective agreement, arbitration award or wage determination to be kept by employer |
| 205. | Records to be kept by employer |
| 206. | Effect of certain defects and irregularities |
| 207. | Ministers empowered to add and change to Schedules |
| 208. | Regulations |
| 208A. | Delegations [...inserted by Act 1996_042_051_19960910] |
| 209. | This Act binds the State |
| 210. | Application of Act when in conflict with other laws |
| 211. | Amendment of laws |
| 212. | Repeal of laws, and transitional arrangements |
| 213. | Definitions |
| 214. | Short title and commencement |
| SCHEDULES | |
| Sch. 1. | SCHEDULE 1. ESTABLISHMENT OF BARGAINING COUNCILS FOR PUBLIC SERVICE [s36; s37] |
| Sch. 2. | SCHEDULE 2. GUIDELINES FOR CONSTITUTION OF WORKPLACE FORUM [s80; s207; s213] |
| Sch. 3. | SCHEDULE 3. COMMISSION FOR CONCILIATION, MEDIATION & ARBITRATION [s115; s118] |
| Sch. 4. | SCHEDULE 4. DISPUTE RESOLUTION: FLOW DIAGRAMS [s207 as amended by Act 1998_127_026(a)_19981202] |
| Sch. 5. | SCHEDULE 5. AMENDMENT OF LAWS [s211] |
| Sch. 6. | SCHEDULE 6. LAWS REPEALED BY SECTION 212 [s212] |
| Sch. 7. | SCHEDULE 7. TRANSITIONAL ARRANGEMENTS [s212] |
| Sch. 8. | SCHEDULE 8. CODE OF GOOD PRACTICE: DISMISSAL [s68] |
| Sch. 9. | ** |
| Sch.10. | SCHEDULE 10. POWERS OF DESIGNATED AGENT OF BARGAINING COUNCIL (SECTION 33) [s33] [...inserted by Act 2002_012_057_20020624]** |
| FOOTNOTES |
Legislation Text Access Point
| Versions, by date of publication [To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.] |
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| As unamended Act 1995_066_000_19951213 | EXT.LINK | REQ.INFO | LINK |
| As amended by Act 1996_042_000_19960910 . | N/A | REQ.INFO | LINK |
| As amended by Act 1997_075_000_19971203 . | N/A | REQ.INFO | LINK |
| As amended by Act 1998_055_000_19981019 . | N/A | REQ.INFO | LINK |
| As amended by Act 1998_127_000_19981202 . | N/A | REQ.INFO | LINK |
| As amended by Act 2002_012_000_20020624 . | N/A | REQ.INFO | LINK |
| As amended by Act 2002_068_000_20030206 . | N/A | REQ.INFO | LINK |
| As amended by Act 2002_065_000_20030213 . | N/A | REQ.INFO | LINK |
| As amended by Act 2003_052_000_20040130 . | N/A | REQ.INFO | LINK |
| As amended by Act 2004_012_000_20040428 . | N/A | REQ.INFO | LINK |
| As amended by Act 2007_030_000_20080117 . | N/A | REQ.INFO | LINK |
| As amended by Act 2013_011_000_20130723 . | N/A | REQ.INFO | LINK |
| As amended by Act 2013_010_000_20130812 . | N/A | REQ.INFO | LINK |
| As amended by Act 2014_006_000_20140818 . | N/A | REQ.INFO | LINK |
| As amended by Act 2014_039_000_20141209 . | N/A | REQ.INFO | LINK |
| As amended by Act 2018_008_000_20181127 . | N/A | REQ.INFO | LINK (PDF) |
| As amended by ... | N/A | REQ.INFO | LINK |
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