The Labour Relations Act, no. 66 of 1995.
Country
Type of law
Legislation
Abstract
This Act, consisting of 214 articles and divided into nine chapters and ten attached schedules, implements section 27 of the Constitution of South Africa on workers’ rights, and provides for promoting economic development, social justice, labour, peace and the democratisation of the workplace in South Africa, for giving effect to obligations incurred by South Africa as a member State of the International Labour Organisation, for creating a framework for collectively bargaining to determine wages, terms and conditions of employment and other matters of mutual interest, and formulate industrial policy, for promoting effective resolution of working disputes, for increasing participation of workers in the decision making process. The Act concerns: freedom of association and general protections of employees’ and employers’ rights; collective bargaining, including: trade union organisational rights, collective agreements, disputes, establishment and functions of bargaining council, power of inspection of agents, specific functions of bargaining council in public service; statutory council, including: dispute settlement, duty to keep records and provide information to the registrar; strikes and lock-outs, including protest action to promote or defend socio-economic interests of workers.
Other matters covered by this Act concern: establishment and functions of workplace forum, including education and training of workers, export promotion, promotion of legislation on occupational health; registrar of labour relations; Commission for conciliation, mediation and arbitration; accreditation of councils and private agencies to resolve disputes; establishment, status and powers of the Labour Court; general provisions applicable to Courts; unfair dismissal and unfair labour practice, including definition of relevant terms; general provisions, including code of good practice. Attached schedules include: guidelines for constitution of workplace forum; commission for conciliation, mediation and arbitration; amendments and revocation of Laws; dismissal conditions according to the code of good practice.
Other matters covered by this Act concern: establishment and functions of workplace forum, including education and training of workers, export promotion, promotion of legislation on occupational health; registrar of labour relations; Commission for conciliation, mediation and arbitration; accreditation of councils and private agencies to resolve disputes; establishment, status and powers of the Labour Court; general provisions applicable to Courts; unfair dismissal and unfair labour practice, including definition of relevant terms; general provisions, including code of good practice. Attached schedules include: guidelines for constitution of workplace forum; commission for conciliation, mediation and arbitration; amendments and revocation of Laws; dismissal conditions according to the code of good practice.
Attached files
Web site
Long title of text
An Act to change the Law governing labour relations and, for that purpose, to give effect to section 27 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.
Date of text
Entry into force notes
November 11, 1996.
Repealed
No
Serial Imprint
Government Gazette no. 1877 of 1995.
Source language
English
Legislation Amendment
No