What is 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 does section 16 of the Labour Relations Act 66 of 1995 entails?

However, employers must be mindful of the provisions of Section 16 of the Labour Relations Act 66 of 1995 (hereinafter referred to as the Act). Section 16 of the Act states that an employer must disclose all relevant information to a trade union to allow for the union to engage in effective collective bargaining.

Is there a duty to bargain in terms of Labour Relations Act 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.

How the status of an employee is determined?

Remuneration would be another factor to be considered in determining employee status. Generally, an employee would receive a fixed salary or fixed amount, paid on the same day each month or each week, irrespective of the employees output or level of competency.

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.

What are the three principles of Labour Relations Act?

uphold freedom of association and the effective recognition of the right to collective bargaining. uphold the elimination of all forms of forced and compulsory labour. uphold the effective abolition of child labour.

What is a section 189 process?

THE SECTION 189 RETRENCHMENT PROCESS IN TERMS OF THE LABOUR RELATIONS ACT. Section 189 of the Labour Relations Act (“LRA”) permits employers to dismiss employees for operational requirements. These are defined as requirements based on economic, technological, structural or similar needs of the employer.

What is the effect of Section 200A of the LRA?

Importantly, section 200A of the LRA and section 83A of the BCEA, applying mutatis mutandis, creates a statutory rebuttable presumption for those employees earning the equivalent or less than the prescribed threshold (presently prescribed at R 205 433.30) as determined by the Minister of Labour.

When Section 200A of the Labour Relations Act presumption as to who is an employee applies then the burden to prove who is an employee rest on?

This means that if an applicant to a dispute claims to be an employee because one or more of the 7 factors mentioned in section 200A(1) of the LRA exist, the onus or burden to rebut the presumption (to disprove the presumption) rests with the other party to the dispute (the employer).

Who is eligible for retrenchment compensation?

An employee will be considered eligible for retrenchment compensation on the satisfaction of the following conditions: The employee must be a workman. The employee must have offered continuous service for a period of 240 days in the previous 12 months, which will be calculated as a year of continuous service.

What is Labour Relations Act 66 of 1995?

The Labour Relations Act 66 of 1995 intends: to regulate the right to strike and the recourse to lockout in conformity with the Constitution; to promote employee participation in decision-making through the establishment of workplace forums;

What is part H of the Labour Relations Act 2002?

PART H –TRANSITIONAL PROVISIONS ARISING OUT OF THE APPLICATION OF THE LABOUR RELATIONS AMENDMENT ACT, 2002 26. Definitions 27. Representation in conciliation and arbitration 28.

What is the Public Service Labour Relations Act 1994?

“Public Service Labour Relations Act” means the Public Service Labour Relations Act, 1994 (promulgated by Proclamation 105 of 1994); “registrar” means the registrar of labour relations designated in terms of section 108; and “trade union” includes an employee organisation. PART B –UNFAIR LABOUR PRACTICES 2. …

What are the provisions of the Labour Relations Amendment Act 1998?

(2) From the date on which the Labour Relations Amendment Act, 1998, comes into operation, the provisions of the laws relating to pension, provident or medical aid schemes or funds must be complied with in establishing any pension, provident or medical aid scheme or fund in terms of subsection (1)(g).