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Labour Relations Act 66 of 1995

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OFFICE OF THE PRESIDENT No. 1877. 13 December 1995 NO. 66 OF 1995: LABOUR RELATIONS ACT, 1995. It is hereby notified that the President has assented to the following Act which is hereby published for general information:No. 66 of 1995: Labour Relations Act, 1995. ACT To change the law governing labour relations and, for that purposeto give effect to section 27 of the Constitution; to regulate the organisational rights of trade unions; to promote and facilitate collective bargaining at the workpl
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  OFFICE OF THE PRESIDENTNo. 1877.13 December 1995NO. 66 OF 1995: LABOUR RELATIONS ACT, 1995.It is hereby notified that the President has assented to the following Act whichis hereby published for general information:-No. 66 of 1995: Labour Relations Act, 1995.ACTTo 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 atsectoral level;to regulate the right to strike and the recourse to lock-out inconformity with the Constitution;to promote employee participation in decision-making through theestablishment of workplace forums;to provide simple procedures for the resolution of labour disputesthrough statutory conciliation, mediation and arbitration (for whichpurpose the Commission for Conciliation, Mediation and Arbitration isestablished), and through independent alternative dispute resolutionservices accredited for that purpose;to establish the Labour Court and Labour Appeal Court as superiorcourts, with exclusive jurisdiction to decide matters arising from theAct;to provide for a simplified procedure for the registration of tradeunions and employers' organisations, and to provide for their regulationto ensure democratic practices and proper financial control;to give effect to the public international law obligations of theRepublic relating to labour relations;to amend and repeal certain laws relating to labour relations; andto provide for incidental matters.(English text signed by the President.Assented to 29 November 1995.)BE IT ENACTED by the Parliament of the Republic of South Africa asfollows:-CONTENTS OF ACTCHAPTER IPURPOSE, APPLICATION AND INTERPRETATION1. Purpose of this Act  2. Exclusion from application of this Act3. Interpretation of this ActCHAPTER IIFREEDOM OF ASSOCIATION AND GENERAL PROTECTIONS4. Employees' right to freedom of association5. Protection of employees and persons seeking employment6. Employers' right to freedom of association7. Protection of employers' rights8. Rights of trade unions and employers' organisations9. Procedure for disputes10. Burden of proofCHAPTER IIICOLLECTIVE BARGAININGPART A-ORGANISATIONAL RIGHTS11. Trade union representativeness12. Trade union access to workplace13. Deduction of trade union subscriptions or levies14. Trade union representatives15. Leave for trade union activities16. Disclosure of information17. Restricted rights in domestic sector18. Right to establish thresholds of representativeness19. Certain organisational rights for trade union party to council20. Organisational rights in collective agreements21. Exercise of rights conferred by this Part22. Disputes about organisational rightsPART B-COLLECTIVE AGREEMENTS23. Legal effect of collective agreement24. Disputes about collective agreements25. Agency shop agreements26. Closed shop agreementsPART C-BARGAINING COUNCILS  27. Establishment of bargaining councils28. Powers and functions of bargaining council29. Registration of bargaining councils30. Constitution of bargaining council31. Binding nature of collective agreement concluded in bargainingcouncil32. Extension of collective agreement concluded in bargaining council33. Appointment and powers of designated agents of bargaining councils34. Amalgamation of bargaining councilsPART D-BARGAINING COUNCILS IN THE PUBLIC SERVICE35. Bargaining councils in public service36. Public Service Co-ordinating Bargaining Council37. Bargaining councils in sectors in public service38. Dispute resolution committeePART E-STATUTORY COUNCILS39. Application to establish statutory council40. Establishment and registration of statutory council41. Establishment and registration of statutory council in absence ofagreement42. Certificate of registration of statutory council43. Powers and functions of statutory councils44. Ministerial determinations45. Disputes about determinations46. Withdrawal of party from statutory council47. Appointment of new representative of statutory council48. Change of status of statutory councilPART F-GENERAL PROVISIONS CONCERNING COUNCILS49. Representativeness of council50. Effect of registration of council51. Dispute resolution functions of council52. Accreditation of council or appointment of accredited agency53. Accounting records and audits54. Duty to keep records and provide information to registrar  55. Delegation of functions to committee of council56. Admission of parties to council57. Changing constitution or name of council58. Variation of registered scope of council59. Winding-up of council60. Winding-up of council by reason of insolvency61. Cancellation of registration of council62. Disputes about demarcation between sectors and areas63. Disputes about Parts A and C to FCHAPTER IVSTRIKES AND LOCK-OUTS64. Right to strike and recourse to lock-out65. Limitations on right to strike or recourse to lock-out66. Secondary strikes67. Strike or lock-out in compliance with this Act68. Strike or lock-out not in compliance with this Act69. Picketing70. Essential services committee71. Designating a service as an essential service72. Minimum services73. Disputes about whether a service is an essential service74. Disputes in essential services75. Maintenance services76. Replacement labour77. Protest action to promote or defend socioeconomic interests ofworkersCHAPTER VWORKPLACE FORUMS78. Definitions in this Chapter79. General functions of workplace forum80. Establishment of workplace forum81. Trade union based workplace forum82. Requirements for constitution of workplace forum

Labour Law

Aug 21, 2017
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