LABOUR LAW ARR 214 Theme 6 THEME 6 W O R K E R P A R T I C I P A - - PowerPoint PPT Presentation

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:
• ALL employees represented
• Established by request of majority union only
• Employer and unions encouraged to create own structures
• Employer and unions encouraged to create own structures
• May establish statutory workplace forum
• Matters for consultation and joint decision-making may be varied by

agreement

• 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:
• At request of majority union (via

application to CCMA)

• 100/> employees in workplace
• No other WPF functioning
• Constitution must provide for:
• Formulae for determining no of seats in WPF and distribution thereof to
• Formulae for determining no of seats in WPF and distribution thereof to

reflect occupational structure

• Election of members
• Appointment of employee election officer
• Nomination of candidates
• Terms of office
• Meetings of the forum
• Appointment of full-time members if more than 1000 in workplace
• Paid time off for members
• Amendment of constitution
• Attendance of meetings by officials of union
• 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:

• Legally privileged info
• Info not to be disclosed i.t.o. law/court order
• Info not to be disclosed i.t.o. law/court order
• 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:
• Restructuring
• Changes in organisation
• Partial/total plant closures
• Mergers and transfers of ownership effecting employees
• Dismissal based on operational requirements
• Dismissal based on operational requirements
• Exemptions from collective agreements/law
• Job grading
• Criteria for merit increases
• Education and training
• Product development plans
• Export promotion
• 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:
• Disciplinary codes and procedures
• Rules relating to proper regulation of

workplace

• Measures designed to protect and advance

previously disadvantaged people previously disadvantaged people

• Changes to rules regulating social benefit

schemes

THEME 6 (DISPUTE RESOLUTION)

• CCMA

NEXT LECTURE

• Strikes and Lock-outs