What is the purpose of the Labour Relations Act 66 of 1995?

What is the purpose of the Labour Relations Act 66 of 1995?

This Act regulates the organisational rights of trade unions and promotes and facilitates collective bargaining at the workplace and at sectoral level. It also deals with strikes and lockouts, workplace forums and alternative dispute resolution.

What is Section 197 South Africa?

Section 197 of the Labour Relations Act (LRA) places heavy responsibilities on the employer who takes over the business (or part thereof) of another employer as a going concern. This section forces the new employer to take over all the labour related obligations of the old employer.

Does Labour Relations Act 66 of 1995?

to give effect to the public international law obligations of the Republic relating to labour relations; to amend and repeal certain laws relating to labour relations; and. to provide for incidental matters….Labour Relations Act 66 of 1995.

What are the benefits of Section 189 A of the Labour Relations Act 66 of 1995?

Retrenchments and the LRA Section 189 of the Labour Relations Act 66 of 1995, as amended (“the LRA”) permits an employer to dismiss employees for operational requirements. The phrase ‘operational requirements’ is a broad term referring to the economic, technical, structural or similar needs of an employer.

Which of the following sections of the Labour Relations Act 66 of 1995 protects the freedom of association?

section 4 (1)
The right to freedom of association and the right of every worker to form and join a trade union is expressed in section 4 (1) of the Labour Relations Act 66 of 1995 (“the LRA”), which guarantees every employee the right to join a trade union.

Is there a duty to bargain in terms of the LRA 66 of 1995?

Even though the Labour Relations Act 66 of 1995 (hereinafter referred to as the LRA) supports collective bargaining, there exists no legal duty on an employer to bargain with unions. Item 4(4) of the Code describes the obligation to bargain as follows: “There is no constitutional or statutory duty to bargain.

What is a 197 transfer?

In terms of section 197 a ‘business’ includes the whole or a part of any business, trade, undertaking or service; and ‘transfer’ means the transfer of a business by one employer (‘the old employer’) to another employer (‘the new employer’) as a going concern.

How long is Section 197 valid for?

These provisions provide that for a period of 12 months after the transfer the old employer is jointly and severally liable with the new employer to any employee who is due to receive payment in regard to severance, leave pay or amounts owing in regard to a dismissal related to operational requirements, unless the …

Who does the LRA apply to?

The Labour Relations Act applies to all employers, workers, trade unions and employers’ organisations.

Who qualifies for severance?

Whether an employee, who continued employment with the same employer after he reached the contractual ‘retirement age’, was entitled to severance pay for all his years of service with the employer. An employee who had worked for four years after he was due to retire was deemed to have worked for a continuous period.

Can a company hire a new employee after retrenchment?

It is very common practice for employers to include, in their letters of retrenchment, that they will re-employ the retrenchee if a suitable vacancy arises within six months after retrenchment. However, this six-month period is not provided for in any statute; it is just a customary practice.

How many sick leave days are allowed for permanent workers by law?

It is 30 days (or 36 days) in every three year cycle. If the employee uses up all his available sick leave at the beginning of the cycle, or during a cycle, then he has no more sick leave available for the balance of those 36 months – and therefore any further requirement will be taken as unpaid leave.

Can a company refuse to negotiate with a union?

If after sufficient good faith efforts, no agreement can be reached, the employer may declare impasse, and then implement the last offer presented to the union. However, the union may disagree that true impasse has been reached and file a charge of an unfair labor practice for failure to bargain in good faith.

Can an employee refuse a transfer?

Refusal to transfer. An employee who refuses to be transferred, when such transfer is valid, is guilty of insubordination.

Which employers and employees are excluded from the LRA?

SECTION 213 of the Labour Relations Act (LRA) provides that an employee is anyone, other than an independent contractor, who works for another person or who assists in conducting the business of an employer. This definition omits only service providers who are external and/or truly autonomous.

Can employee be terminated without notice?

The employer need not give notice if misconduct is the cause for termination. However, the employee, in such circumstances, should have an opportunity to reasonably explain the charge against them prior to termination.

Is severance pay compulsory?

(2) An employer must pay an employee who is dismissed for reasons based on the employer’s operational requirements severance pay equal to at least one week’s remuneration for each completed year of continuous service with that employer, calculated in accordance with section 35.

Can you refuse retrenchment?

An employer may only decline to pay an employee a severance package if the employee unreasonably refused to accept a reasonable alternative offer of employment with either the current employer or another employer.” Nonkululeko Mkwanazi, senior associate at Bowmans, says when an employee is voluntarily retrenched and …

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