Lecture 11-13

 Those rules regulating the legal relationship between: ◦ employees, ◦ employers, and also between employers and employees and the Sate, regarding delivery of services under authority. Classnotes are insufficient for study purposes.

 Individual Labour Law: ◦ Regulates the relationship between individual employers and employees. ◦ Is regulated by the common law contract of employment, collective and statutory conditions of employment.  Collective Labour Law: ◦ Statutory and wage regulating measures which regulates collective labour relations. ◦ Is regulated by bargaining councils, statutory councils, etc. ◦ Also regulates strikes, unfair labour practices and unfair dismissal, etc. Classnotes are insufficient for study purposes.

 Purpose: Promote ◦ Economic development ◦ Social justice ◦ Labour peace ◦ Democratization of the workplace  Who are employees i.t.o the Act? ◦ s213: ◦ Employee =  Any person, excluding an independent contractor, who works for another person or for the State and who receives or is entitled to receive any remuneration; and  Any other person who in any manner assists in carrying on or conducting the business of an employer. Classnotes are insufficient for study purposes.

 Sect 200A creates a rebuttable presumption of who is an employee – when one or more of the following factors exist: ◦ Person is subject to the control or direction of another person; ◦ Hours of work are subject to the control or direction of another person; ◦ Person is part of the organisation; ◦ Person has worked for that person for an average of at least 40hours over the last three months; ◦ Person is economically dependant on the person for who he is working; ◦ Person is provided with tools of trade or work equipment; ◦ Person works for or renders services to only one person. ◦ Applicable to employees who earn less than R per annum. Classnotes are insufficient for study purposes.

 Act not applicable to: ◦ NDF; ◦ National intelligence Agency; ◦ National Academy of Intelligence; ◦ South African Secret Service; ◦ South African National Academy of Intelligence; ◦ Directors and staff of Comsec. (COMSEC (formally Electronic Communications Security (Pty) Ltd) is a company owned by the Government of South Africa through its National Intelligence Agency. COMSEC’s main task is to secure South African government communications against any unauthorized access and also from technical, electronic or any other related threats. The company also provides verification services for electronic communications security systems, products and services used by the South African government.)Government of South AfricaNational Intelligence Agency communications Classnotes are insufficient for study purposes.

 An employee: ◦ Has the right to participate in the formation of a trade union and ◦ To become a member of a trade union.  An 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 or trade union representative of union or federation. Classnotes are insufficient for study purposes.

 No person may discriminate against an employee for exercising any right conferred on him by the LRA.  May not ask or require a job applicant to become or cease to be member of union  No prejudice rule –  Any contract that limits such rights- is invalid UNLESS permitted by the Act.  EMPLOYERS HAVE AN EQUAL RIGHT  Called an employer’s organisation ( see figurine on p 203)

 Have the right to determine its own constitution  create its own rules  Hold elections for its office bearers and officials  Plan and organise its administration  Participate in forming federations or to join any federation and to affiliate with any international organisation.

 Disputes regarding application or interpretation of any of the rights in Chapter II of the LRA, must be referred to the Bargaining COUNCIL in writing –  If the B/C has no jurisdiction, it must be referred to the CCMA  A copy of the referral must be sent to all other parties to the dispute and the party who refers must satisfy the council that copies had been served on all other relevant parties.

 B/C= sector /industry bargaining  Trade Union/Employer=Plant enterprise level bargaining  Structure for dispute- read par 11.1 p 207,208  TRADE UNIONS AND EMPLOYER’S ORGANISATIONS  Define trade union: “an association of employees whose principle purpose is to regulate relations between employees and employers, including any employer’s organisation.”  Define employer’s organisation:”any number of employer’s associated together for the purpose, whether by itself or with other purposes of regulating relation between employers and employees or trade unions”

 Name -not misleading or cause conflict  Constitution must meet the requirements of the ACT  Must have address in the RSA  Must be genuine trade union or E/R organisation in conformity with principles laid down by the Minister in consultation with NEDLAC and  Trade union must be independent.  A trade union is independent if it is not under the direct control of any employer’s organisation and it if it is free of any interference or influence of any kind from any employer or employer's organisation.

 Bargaining Council  Establishment thereof  Powers and functions  B/C in the Public service  Statutory Council  Establishment and registration  Powers and functions

 One or more registered Trade Unions and one or more registered employer’s organisations and/or the STATE may establish a bargaining council for a specific sector or area  Parties- only those registered  Constitution- equal representation and alternates and make provision for removal from office etc  Registration- application and copy of constitution  Cancellation of registration- Registrar may cancel the registration.

 Conclude and enforce collective agreements  Prevent and resolve labour disputes  Establish and administer a fund to be used for resolving disputes  Promote and establish and administer various funds and schemes like training and education schemes, pension, provident medical aid FOR THE BENEFIT of the parties  Submit proposals to Nedlac on policy and legislation that may affect the sector and areas  To confer on workplace forums additional matters for consultation

 To determine by collective agreement the matters which may not be an issue in dispute for the purposes of a strike or a lock out in the workplace  Provide industrial support services within the sector and  To extend the services and functions of the council to workers in the informal sector

 PSBC  ELRC  PHWSBC  SSSBC  GPSSBC  FOR THE REST SEE P 212

 For a specific area and sector where no bargaining council exists  Registered trade union or two or more registered trade unions acting together whose member constitute at least 30% of the employees in a sector and area, may apply to the registrar to have a statutory council established

 Promote dispute resolution functions  Promote and establish training and education schemes  Establish and administer pension, provident, medical aid,sick pay, holiday and unemployment schemes or funds or any similar schemes or funds for the benefit of one or more of the parties to the statutory council or their members  To conclude collective agreements and to give effect to the matters mentioned above

 Disputes to the CCMA  Conciliation  Arbitration