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These are: Regular meetings with representatives Regular meetings with the employer, during which the employer must present a report on the company's performance and financial situation.
It can also occur in an indirect manner, e. The CCMA or council must try to resolve the issue through conciliation within 30 days. To provide a framework for regulating the relationship between employees and their unions on the one hand, and employers and their organisations on the other hand.
Occupational health and safety act
The Amendments Act distinguishes between different types of retrenchement, and there are various procedures for retrenchment which must be followed. A ballot must be held among relevent employees, and two thirds of the employees must support the closed shop agreement. A worker can only be dismissed for misconduct, incapacity or business-related i. It is not necessary to issue a written warning. Workers who do not want to join a union can face dismissal, and expulsion from the union will also result in dismissal. What Rights do Forum Representatives Have? The Council negotiates issues that are common to all public service employees and it has the right to set up further bargaining councils for particular sectors in the public service. The issues dealt with by workplace forums are better suited to resolution through consulation rather than through collective bargaining e. Dismissal means any of the following: an employer has terminated a contract of employment with or without notice; an employee reasonably expected the employer to renew a fixed term contract of employment on the same or similar terms but the employer offered to renew it on less favourable terms, or did not renew it; an employer refused to allow an employee to resume work after she took maternity leave in terms of any law, collective agreement or her contract of employment, or was absent from work for up to four weeks before the expected date, and up to eight weeks after the actual date, of the birth of her child; an employer who dismissed a number of employees for the same or similar reasons has offered to re-employ one or more of them but has refused to re-employ another; and an employee terminated a contract of employment with or without notice because the employer made continued employment intolerable for the employee. Strikes can be either protected or unprotected. There is also a special procedure for disputes about refusals to bargain. While the parties to a statutory council can draw up agreements on wages and working conditions, these agreements cannot be extended to employers and employees outside the council. Each employer should keep disciplinary records for each employee. They will meet employers on a regular basis for consultation on workplace issues.
Incapacity means that the worker has been unable to perform his or her duties properly because of ill health or lack of skills inability.
If the matter cannot be resolved, then a certificate to this effect must be issued.
The labor relations act 66 of
The Act therefore sets out to strengthen trade union organisation by supporting freedom of association rights, which enable employees and job seekers to participate freely in union activities, and by supporting organisational rights, which makes it easier for unions to organise employees. It is not necessary to issue a written warning. The union must be a majority union and it and the relevant employer must both agree to a closed shop system. It establishes an independent body, the Commission for Conciliation, Mediation and Arbitration CCMA , which will actively seek to resolve disputes through conciliation and arbitration. There is also a special procedure for disputes about refusals to bargain. Schedule 2 of the Act provides guidelines for the constitution of a workplace forum, particularly in relation to the process of electing a workplace forum. If the matter cannot be resolved, then a certificate to this effect must be issued. To this end, financial statements have to be prepared within six months after the end of each financial year. All employers should adopt disciplinary rules that establish the standard of conduct required of their employees. This means that the union can appoint forum representatives without holding an election. In such cases, a person may only be fired once the employer has followed proper procedure for dismissal due to incapacity.
If, at least three years after a closed shop agreement was made, at least one third of the employees sign a petition to end the agreement, then a ballot must be held to determine whether the agreement should continue.
If a new entry is made or removed from the register, the Registrar must give notice thereof in the Government Gazette within 30 days of the entry or deletion [Chapter 6: Part C]. A lockout is when an employer decides to withhold work from employees or closes down the workplace during a labor dispute.
Procedures are planned to be simple and efficient.
based on 119 review