LABOUR LAW ARR 214 Theme 6
THEME 6 W O R K E R P A R T I C I P A T I O N P G L ( 2 0 0 6 : 2 5 5 - 2 6 0 ) ; W L ( 2 0 0 9 : 3 3 0 - 3 3 5 ) P L L ( 2 0 0 5 : 3 5 7 - 3 6 5 )
THEME 6 (LEARNING OUTCOMES) Discuss important features of workplace forums. • Be acquainted with the related provisions in respect of • the establishment of a workplace forum. Be acquainted with the general functions of a • workplace forum. Discuss disclosure of information. • Be acquainted with specific matters for consultation. • Be acquainted with the concept of consultation. Be acquainted with the concept of consultation. • • Be acquainted with the concept of joint decision- • making. Be acquainted with matters in respect of which a • workplace forum is entitled to participate in joint decision-making. Distinguish between specific matters for consultation • and joint decision. Explain the resolution of disputes on worker • participation.
THEME 6 (INTRODUCTION) Establishes worker participation in decision-making at • workplace. Shift from adversarial collective bargaining to joint problem- • solving and decision-making. Supplement collective bargaining. • Features of workplace forums: • o ALL employees represented o Established by request of majority union only o Employer and unions encouraged to create own structures o Employer and unions encouraged to create own structures o May establish statutory workplace forum o Matters for consultation and joint decision-making may be varied by agreement o May also be established in public service General function is to include promotion of interests of ALL • employees and enhancement of efficiency in workplace. Must meet regularly as WPF and with employer and • employees.
THEME 6 (ESTABLISHMENT) Can be established only: • oAt request of majority union (via application to CCMA) o100/> employees in workplace oNo other WPF functioning Constitution must provide for: • o Formulae for determining no of seats in WPF and distribution thereof to o Formulae for determining no of seats in WPF and distribution thereof to reflect occupational structure o Election of members o Appointment of employee election officer o Nomination of candidates o Terms of office o Meetings of the forum o Appointment of full-time members if more than 1000 in workplace o Paid time off for members o Amendment of constitution o Attendance of meetings by officials of union o Manner of decision-making Any expert may be invited to join WPF-meeting. • Majority union may also, after ballot, request dissolution of WPF. •
THEME 6 (WORKER PARTICIPATION I) Disclosure of info Employer must present report on financial and • employment situation, performance since last report and anticipated performance. Also all relevant info to allow WPF to engage • effectively in consultation and joint decision-making, but NOT: o Legally privileged info o Info not to be disclosed i.t.o. law/court order o Info not to be disclosed i.t.o. law/court order o Private personal info of employee Must be made available for inspection upon request. • Copies must be provided to members of WPF. •
THEME 6 (WORKER PARTICIPATION II) Matters for consultation WPF entitled to be consulted by employer about proposals on: • o Restructuring o Changes in organisation o Partial/total plant closures o Mergers and transfers of ownership effecting employees o Dismissal based on operational requirements o Dismissal based on operational requirements o Exemptions from collective agreements/law o Job grading o Criteria for merit increases o Education and training o Product development plans o Export promotion o Measures ensuring health and safety at work Must consult with view on reaching consensus. If no agreement, • reasons for disagreement.
THEME 6 (WORKER PARTICIPATION III) Joint decision-making • Matters for joint decision-making: o Disciplinary codes and procedures o Rules relating to proper regulation of workplace o Measures designed to protect and advance previously disadvantaged people previously disadvantaged people o Changes to rules regulating social benefit schemes
THEME 6 (DISPUTE RESOLUTION) • CCMA
NEXT LECTURE Strikes and Lock-outs •
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