Bargaining councils and employee coverage by sector. Here follows a short description of what you can expect of each of the different processes. Constitutional court of south africa case cct 6506 2007 zacc 10 south african national defence union applicant. Pscbc public service coordinating bargaining council. List of registered employers organizations in south africa as for march 2018 alphabetical list no registration number name of employers organisation and contact details 1. Labour migration to south africa in the 1990s ilosamat, 1998 5. What this section contemplates is that there has to be a collective agreement which sets out the procedure to be followed in resolving a dispute, but more than that, implicit in this section is the. Since 2003 a process to establish a bargaining council for the mining industry has made. Pdf legislation and employment relations in south africa. If you are not yet registered, please register below.
The lra specifically provides in s 519a that the bargaining council may by collective agreement establish the procedure to resolve any dispute. South african local government bargaining council hereinafter referred to as the council disciplinary procedure collective agreement in accordance with the provisions of the labour relations act, 66 of 1995 as amended the ira made and entered into by and between the. A bargaining council positioned to advance and influence change in the labour market environment. An empirical and conceptual study of collective bargaining article pdf available in ssrn electronic journal november 2007 with 2,183 reads. Disciplinary procedure collective agreement south african. Regi pdf agreement on the amendment of the constitution of the public health and social development sectoral bargaining council. The state of collective bargaining in south africa an. Forum and facilities for collective bargaining, settlement of labour disputes. Knowing the different ccma or bargaining council processes it often so happens that you receive a notice of hearing from the ccma or a bargaining council addressed to your company. The history of collective bargaining is analysed to understand the development of collective bargaining.
Aug 18, 2015 introduction to the establishment of a bargaining council in south africa. Constitution of the republic of south africa 1996, 646 k, download. Legislation and employment relations in south africa. The views expressed in this paper are those of the author7. Any bargaining council may also decide to merge or amalgamate with one or more other bargaining councils. Harnessing dispute resolution in a metropolitan bargaining.
Through south african labour legislation, bargaining councils are empowered to. Register a bargaining council south african government. Application lwe apply to the council to appoint a senior arbitrator to resolve the dispute which has the following reference number. This paper contains excerpts from an essay submitted by mr. Pdf the state of collective bargaining in south africa. Labour relations act lra sets out forms for collective bargaining and social dialogue. Section 27 of the labour relations act allows for the forming of bargaining councils by employer organisations and trade unions for the purpose of seeking solutions to labour disputes, managing collective agreements, and putting forward labour law and policy recommendations, in addition. After conciliation a certificate of outcome was issued. For 55 years, a key aspect of th is impact was the exclusion of pass bearing african workers from its definition of employee. The bargaining agents in the labour relationship, namely, trade unions, bargaining councils, workplace forums and employers organisations. Definitions and legal provisions on child labour in southern africa joost kooijmans, 1998 7.
Send your application for the registration of a bargaining council application for registration of bargaining council, form lra3. At arbitration the employer challenged the jurisdiction of the bc. The amendment will have the effect that exemption applications must be decided within 30 days of receipt, and. Republic of south africa by all einployevs and by all employees who fall within the scope of the council. No 66 of 1995 currently provides that a collective agreement may not be extended unless a bargaining council has an effective procedure in place to deal with exemption applications by nonparties. Be it enacted by the parliament of the republic of south africa as. The outcome of this case could have significant consequences for collective bargaining in south africa. Labour relations act decriminalized noncompliance with bargaining council agreements and introduced a new enforcement procedure which. General regulations to the south african national defence. Bargaining council for the restaurant, catering and allied trades collective agreement concluded in accordance with the provisions of the labour relations act, no 66 of 1995, made and entered into by and between catra the restaurant and food services association of south africa. Bargaining council and other benefit schemes national treasury. National union of furniture and allied workers of south africa and chemical, energy, paper, printing, wood and allied workers union ceppwawu hereinafter referred to as the employees or the trade unions, of the other part being parties to the furniture bargaining council. Your guide to labour law in south africa labour guide. Covid19 president cyril ramaphosa, on the 15 march 2020, declared a national state of disaster as a result of covid19.
The state of collective bargaining in south africa. Resignation from bargaining council or dispute about. Buildings wood and allied workers union of south africa. As an example salary and wages, medical aid and retirement fund contributions. Underpinning collective bargaining is a protected right to strike that is given to unions that follow the statutory procedure.
The impact of employee participation on organisational. Bargaining council for the contract cleaning industry kzn phone and map of address. South african local government bargaining council salgbc. See o labour relations act a pplies to all workers and employers and aims to advance economic development, social justice, labour peace and the democracy of the workplace. If the employee fails to attend the hearing and the chair concludes that the. Motlvatlon prepare a motivation which deals with the issues raised in section7 of the act. The gpssbc, along with the other sectoral bargaining councils, is the steward of the rights and obligations for the south african public service. List of registered bargaining councils in south africa as at. An empirical and conceptual study of collective bargaining article pdf available in ssrn electronic journal.
The legislative framework of collective bargaining in south africa by jonathan blocu may 1978 lnote. Bargaining council for the civil engineering industry bccei information sheet on the bargaining council for the civil engineering industry bccei by laboursmart basic information and contact details. Construction, engineering and allied employers organization the secretary tel. Most employers can determine whether they need to register with a bargaining council based solely on the name of the particular bargaining council, for example, the motor industry bargaining council or the building industries council. There were disputes over procedure, the agenda and the nature and scope of the bar gaining process, particularly over policy. A bargaining council formerly known as an industrial council is a body established in terms of the labour relations act, 1995, by employers, employers organisations and trade unions in a particular industry sector or area. The types of collective action that arise out of collective bargaining.
The state of collective bargaining in south africa an empirical and conceptual study of collective bargaining shane godfrey jan theron margareet visser labour and enterprise policy research group university of cape town shane. The south african commercial, catering and allied workers union. This meant that most male african workers, under the. The legislative framework of collective bargaining in. South african commercial, catering and allied workers union saccawu. List of registered bargaining council pdf labour smart. Bargaining council bargaining council in south africa. Revon adams applicant and national bargaining council for the road frieght and logistics industry first respondent angela andrews n. The constitutions of the national textile bargaining council and the national bargaining council for the manufacturing industry are examined to determine the roles these councils play in the collective bargaining framework of south africa. Dispute resolution procedure the south african wood.
A narrative overview of workplace dispute article pdf available in journal of governance and regulation print 44. Basic guide to bargaining councils department of labour. Multiemployer collective bargaining in south africa. Bargaining council for the civil engineering industry. The employee had been retrenched and referred a dispute to the bargaining council. The social protection of migrant workers in south africa elaine fultz and bodhi pieris, 1997 4. Nbcei is a bargaining council as envisaged in the act whose mission is to create and maintain industrial peace and stability in the electrical industry. Jr 430 06 judgment date 30 august 2007 jurisdiction labour court, johannesburg judge molahlehi aj subject jurisdiction issue.
In order to be registered for these purposes by the department of labour, the parties must prove that they are sufficiently representative. Bargaining council for the restaurant, catering and allied trades general secretary. Bargaining council for the civil engineering industry bccei. The labour court of south africa, cape town judgment reportable case no. Bargaining councils remain the central pillar of collective bargaining. Bargaining councils accreditation any council may apply to the ccma governing body in the prescribed form for accreditation to perform any of the following functions. Forum and facilities for collective bargaining, settlement of labour disputes, provision of social. How bargaining unit is composed determines on behalf of whom and with whom bargaining is done. The role of bargaining councils in a collective bargaining.
Home central council disciplinary procedure collective agreement. Introduction to the establishment of a bargaining council in south africa. Gpssbc the general public service sector bargaining council. Section 27 of the labour relations act allows for the forming of bargaining councils by employer organisations and trade unions for the purpose of seeking solutions to labour disputes, managing collective agreements, and putting forward labour law and policy recommendations, in addition to establishing relevant schemes. Bargaining council for the contract cleaning industry kzn. The main agreement has been signed by the minister of labour and has now been published under government notices r. Attention is also paid to the procedures required for the establishment of these councils. Category representative organisations sub category bargaining councils document type forms filename bargaining council for the civil engineering industry bccei. Information sheet on the bargaining council for the civil engineering industry bccei by laboursmart basic information and contact details. Section 32 of the labour relations act, no 66 of 1995 currently provides that a collective agreement may not be extended unless a bargaining council has an effective procedure in place to deal with exemption applications by nonparties. Participation on a bargaining council remains voluntary but the act provides a number of inducements for unions and employers to participate, in particular the ability of a council to have its agreement.
There are a number of bargaining councils in south africa that have been created for certain sectors. In particular, they must prove that the unions proposed as party to the council have more than 50% of employees in the specified sector as members. Regulating labour relations in industry bargaining councils regulating labour relations in industry a bargaining council formerly known as an industrial council is a body established in terms of the labour relations act, 1995, by employers, employers organisations and trade unions in a particular industry sector or area. Second respondent abies transport services cc third respondent heard. This research paper forms part of a larger suite of papers investigating different aspects of the current situation in respect of social security arrangements in south africa.
Collective bargaining is one of the key functions in the salgbc which can place take either at central council, divisional level or municipal level in the llf. Welcome to the website of the public service coordinating bargaining council pscbc which aims to provide comprehensive information regarding the pscbc as a coordinating bargaining council and its functions. Extension to non parties of the main collectiveagreement i, mildred nelisiwe oliphant, minister of labour, hereby in terms of section 322 read with section 325 and section 328 of the labour relations act, 1995, declare that the collective. Knowing the different ccma or bargaining council processes. A list of registered bargaining councils with ther contact details for august 2014 information from department of labour category representative organisations sub category bargaining councils document type information sheet filename bargaining council list aug 2014. Bloch in partial fulfilment of the requirements for the degree of ll. The subject matter being negotiated will determine the appropriate level or forum for such negotiations.
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