LABOUR RELATIONS ACT NO. 66 OF 1995
Contents of Act
Chapter I Purpose, Application And Interpretation
1. Purpose of this Act
2. Exclusion from application of this Act
3. Interpretation of this Act
Chapter II Freedom Of Association And General Protections
4. Employees’ right to freedom of association
5. Protection of employees and persons seeking employment
6. Employers’ right to freedom of association
7. Protection of employers’ rights
8. Rights of trade unions and employers’ organisations
9. Procedure for disputes
10. Burden of proof
Chapter III Collective Bargaining
Part A-Organisational Rights
11. Trade union representativeness
12. Trade union access to workplace
13. Deduction of trade union subscriptions or levies
14. Trade union representatives
15. Leave for trade union activities
16. Disclosure of information
17. Restricted rights in domestic sector
18. Right to establish thresholds of representativeness
19. Certain organisational rights for trade union party to council
20. Organisational rights in collective agreements
21. Exercise of rights conferred by this Part
22. Disputes about organisational rights
Part B-Collective Agreements
23. Legal effect of collective agreement
24. Disputes about collective agreements
25. Agency shop agreements
26. Closed shop agreements
Part C-Bargaining Council
27. Establishment of bargaining councils
28. Powers and functions of bargaining council
29. Registration of bargaining councils
30. Constitution of bargaining council
31. Binding nature of collective agreement concluded in bargaining council
32. Extension of collective agreement concluded in bargaining council
33. Appointment and powers of designated agents of bargaining councils
34. Amalgamation of bargaining councils
Part D-Bargaining Councils In The Public Service
35. Bargaining councils in public service
36. Public Service Coordinating Bargaining Council
37. Bargaining councils in sectors in public service
38. Dispute resolution committee
Part E-Statutory Councils
39. Application to establish statutory council
40. Establishment and registration of statutory council
41. Establishment and registration of statutory council in absence of agreement
42. Certificate of registration of statutory council
43. Powers and functions of statutory councils
44. Ministerial determinations
45. Disputes about determinations
46. Withdrawal of party from statutory council
47. Appointment of new representative of statutory council
48. Change of status of statutory council
Part F-General Provisions Concerning Councils
49. Representativeness of council
50. Effect of registration of council
51. Dispute resolution functions of council
52. Accreditation of council or appointment of accredited agency
53. Accounting records and audits
54. Duty to keep records and provide information to registrar
55. Delegation of functions to committee of council
56. Admission of parties to council
57. Changing constitution or name of council
58. Variation of registered scope of council
59. Winding-up of council
60. Winding-up of council by reason of insolvency
61. Cancellation of registration of council
62. Disputes about demarcation between sectors and areas
63. Disputes about Parts A and C to F
Chapter IV Strikes And Lock-Outs
64. Right to strike and recourse to lockout
65. Limitations on right to strike or recourse to lockout
66. Secondary strikes
67. Strike or lockout in compliance with this Act
68. Strike or lockout not in compliance with this Act
69. Picketing
70. Essential services committee
71. Designating a service as an essential service
72. Minimum services
73. Disputes about whether a service is an essential service
74. Disputes in essential services
75. Maintenance services
76. Replacement labour
77. Protest action to promote or defend socio-economic interests of workers
Chapter V Workplace Forums
78. Definitions in this Chapter
79. General functions of workplace forum
80. Establishment of workplace forum
81. Trade union based workplace forum
82. Requirements for constitution of workplace forum
83. Meetings of workplace forum
84. Specific matters for consultation
85. Consultation
86. Joint decision-making
87. Review at request of newly established workplace forum
88. Matters affecting more than one workplace forum in an employer’s operation
89. Disclosure of information
90. Inspection and copies of documents
91. Breach of confidentiality
92. Full-time members of workplace forum
93. Dissolution of workplace forum
94. Disputes about workplace forums
Chapter VI Trade Unions And Employers’ Organisations
Part A-Registration And Regulation Of Trade Unions And Employers’ Organisations
95. Requirements for registration of trade unions or employers’ organisations
96. Registration of trade unions or employers’ organisations
97. Effect of registration of trade union or employers’ organisation
98. Accounting records and audits
99. Duty to keep records
100. Duty to provide information to registrar
101. Changing constitution or name of registered trade unions or employers’ organisations
102. Amalgamation of trade unions or employers’ organisations
103. Winding-up of registered trade unions or registered employers’ organisations
104. Winding-up of trade unions or employers’ organisations by reason of insolvency
105. Cancellation of registration of trade union that is no longer independent
106. Cancellation of registration of trade unions or employers’ organisations
Part B-Regulation Of Federations Of Trade Unions And Employers’ Organisations
107. Regulation of federations of trade unions or employers’ organisations
Part C-Registrar Of Labour Relations
108. Appointment of registrar of labour relations
109. Functions of registrar
110. Access to information
Part D-Appeals From Registrar’s Decision
111. Appeals from registrar’s decision
Chapter VII Dispute Resolution
Part A-Commission For Conciliation, Mediation And Arbitration
112. Establishment of Commission for Conciliation, Mediation and Arbitration
113. Independence of Commission
114. Area of jurisdiction and offices of Commission
115. Functions of Commission
116. Governing body of Commission
117. Commissioners of Commission
118. Director of Commission
119. Acting director of Commission
120. Staff of Commission
121. Establishment of committees of Commission
122. Finances of Commission
123. Circumstances in which Commission may charge fees
124. Contracting by Commission, and Commission working in association with any person
125. Delegation of governing body’s powers, functions and duties
126. Limitation of liability and limitation on disclosure of information
Part B-Accreditation Of And Subsidy To Councils And Private Agencies
127. Accreditation of councils and private agencies
128. General provisions relating to accreditation
129. Amendment of accreditation
130. Withdrawal of accreditation
131. Application to renew accreditation
132. Subsidy to council or private agency
Part C-Resolution Of Disputes Under Auspices Of Commission
133. Resolution of disputes under auspices of Commission
134. Disputes about matters of mutual interest
135. Resolution of disputes through conciliation
136. Appointment of commissioner to resolve dispute through arbitration
137. Appointment of senior commissioner to resolve dispute through arbitration
138. General provisions for arbitration proceedings
139. Special provisions for arbitrating disputes in essential services
140. Special provisions for arbitrations about dismissals for reasons related to conduct or capacity
141. Resolution of disputes if parties consent to arbitration under auspices of Commission
142. Powers of commissioner when attempting to resolve disputes
143. Effect of arbitration awards
144. Variation and rescission of arbitration awards
145. Review of arbitration awards
146. Exclusion of Arbitration Act
147. Performance of dispute resolution functions by Commission in exceptional circumstances
148. Commission may provide advice
149. Commission may provide assistance
150. Commission may offer to resolve
Part D-Labour Court
151. Establishment and status of Labour Court
152. Composition of Labour Court
153. Appointment of judges of Labour Court
154. Tenure, remuneration and terms and conditions of appointment of Labour Court judges
155. Officers of Labour Court
156. Area of jurisdiction and seat of Labour Court
157. Jurisdiction of Labour Court
158. Powers of Labour Court
159. Rules Board for Labour Courts and rules for Labour Court
160. Proceedings of Labour Court to be carried on in open court
161. Representation before Labour Court
162. Costs
163. Service and enforcement of orders of Labour Court
164. Seal of Labour Court
165. Variation and rescission of orders of Labour Court
166. Appeals against judgement or order of Labour Court
Part E-Labour Appeal Court
167. Establishment and status of Labour Appeal Court
168. Composition of Labour Appeal Court
169. Appointment of other judges of Labour Appeal Court
170. Tenure, remuneration and terms and conditions of appointment of Labour Appeal Court judges
171. Officers of Labour Appeal Court
172. Area of jurisdiction and seat of Labour Appeal Court
173. Jurisdiction of Labour Appeal Court
174. Powers of Labour Appeal Court on hearing of appeals
175. Labour Appeal Court may sit as court of first instance
176. Rules for Labour Appeal Court
177. Proceedings of Labour Appeal Court to be carried on in open court
178. Representation before Labour Appeal Court
179. Costs
180. Service and enforcement of orders
181. Seal of Labour Appeal Court
182. Judgements of Labour Appeal Court binding on Labour Court
183. Labour Appeal Court final court of appeal
Part F-General Provisions Applicable To Courts Established By This Act
184. General provisions applicable to courts established by this Act
Chapter VIII Unfair Dismissal
185. Right not to be unfairly dismissed
186. Meaning of dismissal
187. Automatically unfair dismissals
188. Other unfair dismissals
189. Dismissals based on operational requirements
190. Date of dismissal
191. Disputes about unfair dismissals
192. Onus in dismissal disputes
193. Remedies for unfair dismissal
194. Limits on compensation
195. Compensation is in addition to any other amount
196. Severance pay
197. Transfer of contract of employment
Chapter IX General Provisions
198. Temporary Employment Services
199. Contracts of employment may not disregard or waive collective agreements or arbitration awards
200. Representation of employees or employers
201. Confidentiality
202. Service of documents
203. Codes of good practice
204. Collective agreement, arbitration award or wage determination to be kept by employer
205. Records to be kept by employer
206. Effect of certain defects and irregularities
207. Ministers empowered to add and change to Schedules
208. Regulations
208A. Delegations
209. This Act binds the State
210. Application of Act when in conflict with other laws
211. Amendment of laws
212. Repeal of laws, and transitional arrangements
213. Definitions
214. Short title and commencement
Schedule 1 Establishment Of Bargaining Councils For Public Service
1. Definitions for this Schedule
2. Establishment of Public Service Coordinating Bargaining Council
3. Establishment of bargaining council in sectors
Schedule 2 Guidelines For Constitution Of Workplace Forum
1. Introduction
2. Number of seats in workplace forums (section 82(1)(a))
3. Distribution of seats to reflect occupational structure (section 82(l) (b))
4. Elections (section 82(l)(c), (d), (g), (h), (i) and (j))
5. Terms of office (section 82(l)(k), (1) and (m))
6. Meetings of workplace forum (section 82(l)(n))
7. Time off for members of workplace forum (section 82(1)(p))
8. Facilities to be provided to workplace forum (section 82(l)(r))
9. Experts (section 82(l)(t))
10. Establishment of coordinating and subsidiary workplace forums (section 82(2)(b))
Schedule 3 Commission For Conciliation, Mediation & Arbitration 230
1 . Remuneration and allowances of members of governing body
2. Resignation and removal from office of member of governing body
3. Vacancies in governing body
4. Proceedings of governing body
5. Director of Commission
6. Bank account
7. Investment of surplus money
8. Accounting and auditing
9. Annual report
Schedule 4 Dispute Resolution: Flow Diagrams
Schedule 5 Amendment Of Laws 250
1. Amendment of section 1 of Basic Conditions of Employment Act
2. Amendment of section 35 of Occupational Health and Safety Act, 1993
3. Amendment of section 2 of Pension Funds Act, 1956
4. Amendment of section 2 of Medical Schemes Act, 1967
5. Amendment of section 1 of Insurance Act, 1943
6. Amendment of section 2 of Friendly Societies Act, 1956
7. Amendment of section 3 of Friendly Societies Act, 1956
Schedule 6 Laws Repealed By Section 212
Schedule 7 Transitional Arrangements
Part A-Definitions For This Schedule
1. Definitions for this Schedule
Part B-Unfair Labour Practices
2. Residual unfair labour practices
3. Disputes about unfair labour practices
4. Powers of Labour Court and Commission
Part C-Provisions Concerning Existing Trade Unions, Employers’ Organisations, Industrial Councils And Conciliation Boards
5. Existing registered trade unions and employers’ organisations
6. Pending applications by trade unions or employers’ organisations for registration, variation of scope, alteration of constitution or name
7. Industrial councils
8. Pending applications by industrial councils for registration and variation of scope
8A. Pending enquiries by industrial registrar
9. Pending applications by industrial councils for alteration of constitution or name
10. Pending applications for admission of parties to industrial councils
11. Pending applications to wind up and cancel registration of trade unions, employers’ organisations and industrial councils
12. Existing agreements and awards of industrial councils and conciliation boards
12A. Designated agents
13. Existing agreements including recognition agreements
Part D- Matters Concerning Public Service
14. Public Service Bargaining Council
15. Collective agreements in the public service
16. Education Labour Relations Council
17. Education sector collective agreements
18. Negotiating Forum in South African Police Service
19. Collective agreements in South African Police Service
20. Consequences for public service bargaining institutions when Public Service Coordinating Bargaining Council is established
Part E-Disputes And Courts
21. Disputes arising before commencement of this Act
21A. Dispute resolution by councils before their accreditation
22. Courts
Part F-Pension Matters
23. Continuation of existing pension rights of staff members of Commission upon assuming employment
Part G – Essential Services
24. Essential services in the public service
25. Essential services provided for in the Labour Relations Act
Schedule 8 Code Of Good Practice: Dismissal
1. Introduction
2. Fair reasons for dismissal
3. Disciplinary measures short of dismissal
4. Fair procedure
5. Disciplinary records
6. Dismissals and industrial action
7. Guidelines in cases of dismissal for misconduct
8. Incapacity: Poor work performance
9. Guidelines in cases of dismissal for poor work performance
10. Incapacity: III health or injury
11. Guidelines in cases of dismissal arising from ill health or injury
