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South Africa
NATIONAL LEGISLATION OVERVIEWS
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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
 
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

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