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Labour Relations Amendment Act, No. 12 of 2002

Long title


To amend the Labour Relations Act, 1995, so as to provide for the enforcement of collective bargaining agreements; the extension of the functions of bargaining councils so as to enhance the effective enforcement of bargaining council agreements and to clarify the dispute resolution powers of bargaining councils; the rationalisation of the registration and amalgamation of bargaining councils in the public service and for the resolution of jurisdictional disputes between such bargaining councils; the extension of the information that bargaining councils must supply to the registrar and for the clarification of the registrar’s powers in respect of bargaining councils and in respect of registration and winding-up of employers’ organisations and trade unions; the extension of the powers of the Commission to make rules concerning procedures; the making of regulations by the Minister concerning representation at the Commission and the charging of fees by the Commission; the making of settlement agreements into arbitration awards or Labour Court orders; the exclusion of the application of the Arbitration Act, 1965, to bargaining council arbitrations; the concurrent appointment of Labour Court judges as High Court judges; the regulation of the right of employees not to be subjected to unfair labour practices; the regulation of the resolution of disputes concerning an occupational detriment in terms of the Protected Disclosures Act, 2000; the clarification and revision of procedures for resolving disputes in respect of dismissals based on the employer’s operational requirements; the expediting of the resolution of disputes by the Commission by conciliation or arbitration; the clarification of the compensation that may be awarded in respect of unfair dismissals; the clarification of the transfer of contracts of employment in the case of transfers of a business, trade or undertaking as a going concern; a rebuttable presumption as to who is an employee; and to provide for matters incidental thereto.

Table of contents

SECTION TITLE
1. Amendment of section 23 of Act 66 of 1995
2. Amendment of section 24 of Act 66 of 1995
3. Amendment of section 28 of Act 66 of 1995
4. Amendment of section 29 of Act 66 of 1995
5. Amendment of section 32 of Act 66 of 1995...
6. Amendment of section 33 of Act 66 of 1995
7. Insertion of section 33A in Act 66 of 1995
8. Substitution of section 37 of Act 66 of 1995...
9. Substitution of section 38 of Act 66 of 1995
10. Amendment of section 44 of Act 66 of 1995
11. Amendment of section 49 of Act 66 of 1995
12. Amendment of section 51 of Act 66 of 1995...
13. Amendment of section 53 of Act 66 of 1995...
14. Amendment of section 54 of Act 66 of 1995
15. Amendment of section 58 of Act 66 of 1995...
16. Amendment of section 61 of Act 66 of 1995
17. Amendment of section 68 of Act 66 of 1995
18. Amendment of section 95 of Act 66 of 1995
19. Amendment of section 103 of Act 66 of 1995...
20. Amendment of section 105 of Act 66 of 1995
21. Amendment of section 106 of Act 66 of 1995
22. Amendment of section 115 of Act 66 of 1995...
23. Amendment of section 127 of Act 66 of 1995...
24. Amendment of section 128 of Act 66 of 1995...
25. Amendment of section 133 of Act 66 of 1995
26. Amendment of section 135 of Act 66 of 1995...
27. Amendment of section 138 of Act 66 of 1995...
28. Amendment of section 140 of Act 66 of 1995
29. Amendment of section 141 of Act 66 of 1995...
30. Amendment of section 142 of Act 66 of 1995...
31. Insertion of section 142A in Act 66 of 1995
32. Amendment of section 143 of Act 66 of 1995
33. Substitution of section 144 of Act 66 of 1995
34. Amendment of section 145 of Act 66 of 1995
35. Amendment of section 150 of Act 66 of 1995
36. Amendment of section 158 of Act 66 of 1995...
37. Amendment of section 161 of Act 66 of 1995...
38. Amendment of section 173 of Act 66 of 1995...
39.. Substitution of heading to Chapter VIII of Act 66 of 1995
40. Substitution of section 185 of Act 66 of 1995
41. Amendment of section 186 of Act 66 of 1995...
42. Amendment of section 187 of Act 66 of 1995
43. Insertion of section 188A in Act 66 of 1995
44. Substitution of section 189 of Act 66 of 1995
45. Insertion of section 189A in Act 66 of 1995
46. Amendment of section 191 of Act 66 of 1995...
47. Amendment of section 193 of Act 66 of 1995
48. Amendment of section 194 of Act 66 of 1995
49. Substitution of section 197 of Act 66 of 1995
50. Insertion of sections 197A and 197B in Act 66 of 1995
51. Insertion of section 200A in Act 66 of 1995
52 Amendment of section 203 of Act 66 of 1995
53. Amendment of section 204 of Act 66 of 1995
54. Amendment of section 213 of Act 66 of 1995
55. Amendment of Schedule 7 of Act 66 of 1995...
56. Amendment of Schedule 8 to Act 66 of 1995...
57. Substitution of Schedule 10 to Act 66 of 1995
58. Short title and commencement

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