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Published byGilbert Godfrey Atkins Modified over 9 years ago
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WORKER VOICE IN SOUTH AFRICA: EXPLORING ALTERNATIVES TO COLLECTIVE BARGAINING Monray Marsellus Botha North-West University, South Africa 4 th Conference of the Regulating of Decent Work Network Developing and Implementing Policies for a Better Future at Work International Labour Office, Geneva, Switzerland 09 JULY 2015
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Introduction The main inquiry: –is to explore the issue of granting a voice to employees in workplaces/companies; in particular, alternatives to collective bargaining
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Labour Law Labour law: power-relations –main goal of labour legislation it to compensate the inequality in bargaining power – protection –advance economic development, social justice, labour peace and the democratisation of the workplace through the promotion of: (i) orderly collective bargaining, (ii) at sectoral level, (iii) employee participation in decision-making in the workplace and (iv) the effective resolution of labour disputes –Collective bargaining is important from a social justice perspective
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Labour Law Worker participation –Flow from new dispensation: voice –Socio-economic rights –Stable productive environment –Decent and fair work
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Corporate Law –Traditionally unconcerned: employees –Primary concern: shareholders –Now: other stakeholders: employees –An important question in company law remains: In whose interest should the company be managed?
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Overlap Different “worlds” of company and labour law –Interaction –Corporate social responsibility –Corporate governance –Direct, indirect, weak and strong forms
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Strong and weak forms Consultation and information sharing Collective bargaining Co-determination –Supervisory and social
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Proposed model Corporate law: –Moved away from primarily focusing on shareholders –Employees important stakeholders Labour Law: –Protection of rights and interests –Participation in decision-making
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Proposed model Corporate law: –Access to information –Statutory derivative action –Formation of company –Amendment of MOI –Business rescue –Sale of business and mergers –Whistle-blowing –Alternative dispute resolution –Social and ethics committee
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Proposed model Corporate law: –Social and ethics committee social and economic development good corporate citizenship the environment, health and public safety consumer relationships labour and employment
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Proposed model Labour law: –Workplace forums –Section 84 and 86 –Right to strike
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Proposed model Labour law: Strikes
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Proposed model Other considerations: –Empowerment –ESOPS –Skills Development –Specialised committees: health and safety, productivity, job classification, employment equity
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Conclusion Pluralist approach Economic and industrial democracy Enhancement on what level?
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