The purpose of this Act is to change the law governing labour relations. The Act seeks to protect the fundamental right ensconced in section 27 of the Constitution (the right to health care, food, water and social security) and to promote collective bargaining, regulate trade unions and the right to strike and lock out, promote employee participation in decision making and to establish the Labour Court and the Labour Appeal Court.
This section prohibits discrimination against employees for exercising any right conferred by this Act.
Compliance Obligations?
You may not discriminate against an employee for exercising any right conferred by this Act. For example, you may prevent an employee from joining a trade union or workplace forum. This also includes promising an employee advantage if they do not exercise a right conferred in this Act (eg: promise an increase if they do not join a trade union).
This section gives any office-bearer or official of a representative trade union the right to enter an employer’s premises to recruit members or communicate with members.
Compliance Obligations?
You may not prevent an office-bearer or official of a representative trade union from entering your premises for the above mentioned reasons. You may prevent them if the time and place is not reasonable and if preventing them is done in order to safeguard life or property or will cause an undue disruption of work.
This section regulates the circumstance in which a trade union representative may be elected. It also sets out the rights and functions of the elected representatives.
Compliance Obligations?
If there are at least 10 members of a representative trade union employed in your work place, those members may elect a trade union representative from amongst themselves. The numbers of union representatives that may be elected are determined by the number of union members employed in the work place. These representatives have the right to perform functions such as representing employees in grievance and disciplinary proceedings, monitor the employer’s compliance with the workplace related provisions of this Act and reporting any contraventions.
Note that representatives are permitted reasonable time off work during working hours without a reduction in pay, to perform the functions of a trade union representative and to attend training on these functions.
This section regulates what information an employer has to disclose to trade union representatives, and in what circumstances such disclosure has to be made.
Compliance Obligations?
As employer you are obliged to disclose all relevant information that will allow a trade union representative to effectively perform his functions in terms of section 14. Note the provisions of section 16(5)(a)-(d), which set out the circumstances in which an employer need not disclose information. Information that is legally privileged, or the disclosure of which would be in contravention of another law, which is confidential, private or personal need not be disclosed. {Section 16(6) – (14)}[https://registers.ecoimpact.co.za/Link/externalLinks/bookmark/31998_398] set out the procedure to be followed in the event of a dispute.
This section places limitations on when employees may strike and when an employer may take recourse with a lock-out.
Compliance Obligations?
You may not implement a lock-out if any of the situations set out in subsection (1)(a) – (d) exists.
This section prohibits appointing replacement labour in certain instances.
Compliance Obligations?
You may not employ replacement labour to continue or maintain production during a protected strike if the whole or part of your service has been designated as a maintenance service; or for the purposes of performing work of an employee who is locked out, unless the lock-out is in response to a strike.
This section regulates what records must be kept by an employer.
Compliance Obligations?
You must ensure that you keep all records of collective agreements, arbitration awards and any determination made in terms of the Wage Act. These records must be kept for 3 years.