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: oNational Summit Convened annually by Executive Council. Report back to NEDLAC but not part of it. oExecutive Council Meet at least quarterly. Reports from chambers. Conclude agreements. Convene national summit, prepare budget. national summit, prepare budget. oManagement Committee Oversees and co-ordinates work of NEDLAC between meetings of EC. oChambers � 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 of 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 of fair labour practices. of fair labour practices. • Changes from previous legislation: oRecognition of right to strike and lock-out. oEmployee participation in decision-making. oDispute resolution in the form of conciliation and arbitration. oEstablishment 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 or occupation in South Africa. However, the Act does not apply to members of: oThe National Defence Force. oThe National Intelligence Agency. oThe National Intelligence Agency. oThe South African Secret Service. oThe 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 unio n. • 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 of 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’ organisations.” • 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’ organisation 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
Recommend
More recommend
