LABOUR LAW ARR 214 Theme 4 THEME 4 N E D L A C , F R A M E W O R - - PowerPoint PPT Presentation

LABOUR LAW

ARR 214 Theme 4

THEME 4

N E D L A C , F R A M E W O R K O F T H E N E D L A C , F R A M E W O R K O F T H E L A B O U R R E L AT I O N S A C T & F R E E D O M O F A S S O C I AT I O N P G L ( 2 0 0 6 : 1 9 5 - 2 0 5 , 2 0 7 - 2 1 9 ) ; W L ( 2 0 0 9 : 4 2 5 - 4 4 2 ) P L L ( 2 0 0 5 : 1 0 - 1 2 , 1 5 - 2 9 , 2 1 0 - 2 5 6 ) ;

THEME 4 (LEARNING OUTCOMES)

• Explain the problems experienced that led to the establishment of Nedlac.
• Give an exposition of the establishment and structure of the National Economic,

Development, and Labour Council (Nedlac).

• Know what the objectives and functions of Nedlac are.
• Discuss the circumstances and factors that led to the enactment of the LRA.
• Provide an explanatory schematic exposition of the framework of the LRA.
• Explain and elucidate the purpose, objectives, application, and interpretation of

the Labour Relations Act.

• Explain the structures for collective bargaining in terms of the LRA.
• Explain the structures for dispute resolution in terms of the LRA.
• Know the related rights of trade unions and employers' organisations.
• Know the related rights of trade unions and employers' organisations.
• Explain the establishment and functions of bargaining councils and statutory

councils.

• Discuss the establishment, functions, governing of and the finances of the CCMA.
• Explain the composition, jurisdiction and powers of the Labour Court.
• Explain the composition, jurisdiction and powers of the Labour Appeal Court.
• Discuss workplace forums.
• Be acquainted with the procedure for disputes.
• Discuss the meaning and effect of freedom of association with reference to

applicable legislation and case law.

• Be acquainted with both employees' and employers' right to freedom of

association.

• Be acquainted with the protection offered to employees and persons seeking

employment and the protection of employers' rights.

THEME 4 (NEDLAC I)

Introduction

• Reform of legislation necessary.
• Problems experienced on p195 (PGL).
• LRA had to be rewrited.
• National Manpower Commission made recommendations to
• Minister. Also National Economic Forum
• NMC and NEF had to be replaced by one representative

body.

• In order to address labour and economic matters more
• In order to address labour and economic matters more

effectively, these three role players (labour, business and government) agreed to establish one body.

• As a result, the National Economic Development and Labour

Council (NEDLAC) was established.

THEME 4 (NEDLAC II) Three key role players

• Organised labour

(workers/employees and trade unions)

• Organised business (employers and
• Organised business (employers and

employer’s unions)

• Government
• Organisations representing

community and development interests.

THEME 4 (NEDLAC III)

Establishment (I)

• Juristic person
• Structure:
• National Summit Convened annually by Executive
• Council. Report back to NEDLAC but not part of it.
• Executive Council Meet at least quarterly. Reports

from chambers. Conclude agreements. Convene national summit, prepare budget. national summit, prepare budget.

• Management Committee Oversees and co-ordinates

work of NEDLAC between meetings of EC.

• Chambers

Finance and Monetary Trade and Industry Labour Market Representing 3 key role-players. Drafts reports and makes recommendations on labour matters to NEDLAC. Development

THEME 4 (NEDLAC IV)

Establishment II

• Organised business and labour

nominate representatives and Minister appoints them.

• Government representatives
• Government representatives

appointed by President.

• Community representatives

nominated by democratically constituted organisations and appointed by Minister without Portfolio in President’s Office.

THEME 4 (NEDLAC V)

The Act provides that Nedlac must:

• Promote economic growth and participation
• f all interests in economic decision-making
• Seek to reach consensus on matters

relating to social and economic policy

• Consider all labour legislation before it is

introduced to parliament introduced to parliament

• Consider all changes to social and

economic policy before it is implemented

• Work towards the formulation of a

coordinated policy on social and economic matters.

THEME 4 (LRA – FRAMEWORK I)

Introduction

• Industrial Conciliation Act of 1956 excluded

public sector and black people.

• Wiehann Commission recommended

changes.

• LRA came into being as well as the concept
• f fair labour practices.
• f fair labour practices.
• Changes from previous legislation:
• Recognition of right to strike and lock-out.
• Employee participation in decision-making.
• Dispute resolution in the form of conciliation and

arbitration.

• Establishment of LC and LAC.

THEME 4 (LRA – FRAMEWORK II)

Aim

• The Labour Relations Act of 1995 aims to

promote economic development, social justice, labour peace and democracy in the workplace by:

• 1. Giving effect to fundamental rights in
• 1. Giving effect to fundamental rights in

Constitution.

• 2. Giving effect to international obligations

(ILO).

• 3. Providing framework for collective

bargaining.

• 4. Promoting orderly collective bargaining.

THEME 4 (LRA – FRAMEWORK II)

Application

• The Act is applicable to every employer and

employee in every industry, trade, undertaking

• r occupation in South Africa. However, the Act

does not apply to members of:

• The National Defence Force.
• The National Intelligence Agency.
• The National Intelligence Agency.
• The South African Secret Service.
• The South African National Academy of Intelligence.
• Remember the definition of an employee (Theme 2)

THEME 4 (FREEDOM OF ASSOCIATION I)

Employees

• Every employee has the right to take part in

the formation of a trade union or a federation of trade unions, and to become a member of a trade union.

• As a member of a trade union an employee has the right:
• 1. To participate in its lawful activities;
• 2. To take part in the election or appointment of its office bearers, trade
• 2. To take part in the election or appointment of its office bearers, trade

union representatives or officials; and

• 3. To take part as a candidate in such elections or be eligible for such an

appointment.

• The same rights accrue to a member of a trade union who is a member of a

federation of trade unions.

• No person may discriminate against an employee for exercising any of these

rights.

• No person may require an employee or a person seeking employment not to

be a member or to become a member of a trade union or a workplace forum.

• A provision in any contract, whether entered into before or after coming into

force of the Act that directly or indirectly limits or contradicts the provisions

• f the Act, is invalid.

THEME 4 (FREEDOM OF ASSOCIATION II)

Employers

• Employers are granted equal rights to participate in the forming of an

employers’ organisation or a federation of employers’ organisations, and to join an employers’ organisation. and to join an employers’ organisation.

THEME 4 (FREEDOM OF ASSOCIATION III)

Trade unions and employers organisation I

• Definition of trade union “An association of

employees whose principal purpose is to regulate relations between employees and employers, including employers’

• rganisations.”
• Definition of employers’ organisation “Any

number of employers associated together for number of employers associated together for the purpose, whether by itself or with other purposes, of regulating relations between employers and employees or trade unions.”

THEME 4 (FREEDOM OF ASSOCIATION IV)

Trade unions and employers organisations II Every trade union and every employers’

• rganisation has the right to:
• Determine its own constitution and rules
• Hold elections
• plan and organise its administration and

lawful activities

• join any federation and to affiliate with
• any international organisation

THEME 4 (FREEDOM OF ASSOCIATION V)

Disputes

• Refer dispute for conciliation to bargaining council or CCMA.
• If no resolution, refer to Labour Court for adjudication.

NEXT LECTURE

• Collective Labour Law and Collective Bargaining