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Labour Relations Act, 1995

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To change the law governing labour relations and, for that purpose to give effect to section 27 of the Constitution, to regulate the organisational rights of trade unions, to promote and facilitate collective bargaining at the workplace and at sectoral level, to regulate the right to strike and the recourse to lock-out in conformity with the Constitution, to promote employee participation in decision-making through the establishment of workplace forums, to provide simple procedures for the resolution of labour disputes through statutory conciliation, mediation and arbitration (for which purpose the Commission for Conciliation, Mediation and Arbitration is established), and through independent alternative dispute resolution services accredited for that purpose, to establish the Labour Court and Labour Appeal Court as superior courts, with exclusive jurisdiction to decide matters arising from the Act, to provide for a simplified procedure for the registration of trade unions and employers organisations, and to provide for their regulation to ensure democratic practices and proper financial control, 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.

 

Last update: March 2015


Copyright: This Act reproduced under Government Printers Copyright Authority 10154 dated 20 March 1996


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Latest Developments:

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by Regulations, Government Gazette 40128, Notice No. R. 816, dated 8 July 2016.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by Commission for Conciliation Mediation and Arbitration Tariff of Fees, Government Gazette 39807, Notice No. 115, dated 11 March 2016.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by Rules for the Conduct of Proceedings before the Commission for Conciliation, Mediation and Arbitration, Government Gazette 38843, Notice No. 498, dated 3 June 2015.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by the Commission for Conciliation Mediation and Arbitration, Guidelines on Misconduct Arbitration, Government Gazette 38573, Notice No. R. 224, dated 17 March 2015.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by Rules for the Conduct of Proceedings before the Commission for Conciliation Mediation and Arbitration, Government Gazette 38572, Notice No. R. 223, dated 17 March 2015.

 

The Labour Relations Act, (Act No. 66 of 1995) has been amended by Commencement of the Labour Relations Amendment Act, 2014, Notice No. R. 87 of 2014, Government Gazette 38317, dated 19 December 2014.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by section 25 of the Legal Aid South Africa Act, 2013 (Act No. 39 of 2014), Government Gazette 38315, Notice No. 1013, dated 9 December 2014.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by Commission for Conciliation Mediation and Arbitration Code of Conduct for Commissioners, Government Gazette 38230, Notice No. 918, dated 21 November 2014.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by Labour Relations Amendment Act, 2014 (Act No. 6 of 2014), Notice No. 629, Government Gazette 37921, dated 18 August 2014.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by Building Bargaining Council North and West Boland: Extension of Amendment of Main Collective Agreement to Non-Parties, Government Gazette 36850, Notice No. R. 691, dated 20 September 2013.

 

The Labour Relations Act, 1995, (Act No. 66 of 1995) has been amended by Government Gazette 36360, Notice No. R. 279, National Bargaining Council for the Clothing Manufacturing Industry: National Main Collective Agreement, Part I: Provisions for the Non-Metro Areas. August 2013.

The Labour Relations Act, 1995, (Act No. 66 of 1995) has been amended by Government Gazette 36360, Notice No. R. 279, National Bargaining Council for the Clothing Manufacturing Industry: National Main Collective Agreement, Part C: Provisions for the Kwazulu-Natal Region. August 2013.

The Labour Relations Act, 1995, (Act No. 66 of 1995) has been amended by Government Gazette 36067, Notice No. R. 18, National Bargaining Council for the Clothing Manufacturing Industry: Consolidated Provident Fund Collective Agreement for the Kwazulu-Natal Region. August 2013.

The Labour Relations Act, 1995, (Act No. 66 of 1995) has been amended by Government Gazette 36725, Notice No. R. 550, Bargaining Council for the Hairdressing Trade Cape Peninsula: Main Collective Agreement. August 2013.

The Labour Relations Act, 1995, (Act No. 66 of 1995) has been amended by Government Gazette 36156, Notice No. R. 112, Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare: Extension of Consolidated Collective Agreement to Non-Parties. August 2013.

The Labour Relations Act, 1995, (Act No. 66 of 1995) has been amended by Government Gazette 36360, Notice No. R. 279, National Bargaining Council for the Clothing Manufacturing Industry: National Main Collective Agreement, Part A: Provisions for the Eastern Cape Region. August 2013.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by the Superior Courts Act, 2013 (Act No. 10 of 2013), Government Gazette 36743, Notice No. 615, dated 12 August 2013.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013), Government Gazette 36695, Notice No. 528, dated 23 July 2013.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by National Bargaining Council for the Electrical Industry of South Africa: Extension of Consolidation of Collective Agreement to non-parties, Government Gazette 36650, Notice No. R. 485, dated 12 July 2013.

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by National Bargaining Council for the Electrical Industry of South Africa: National Pension and Provident Funds Collective Agreement.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by Motor Ferry Industry Bargaining Council of South Africa: Extension to Non-Parties of the Main Collective Agreement, Government Gazette 36469, Notice No. R. 356, dated 17 May 2013.

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by South African Road Passenger Bargaining Council (SARPBAC) Main Collective Agreement.

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by Motor Industry Bargaining Council (MIBCO) Main Collective Agreement.

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by Building Industry Bargaining Council (Cape of Good Hope) Re-Enactment and Amendment of Main Collective Agreement.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by Government Gazette 36468, Notice No. R. 355, Hairdressing and Cosmetology Services Bargaining Council (Semi-National: Extension of Main Collective Agreement to Non-Parties), dated 17 May 2013.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by Bargaining Council for the Building Industry, Bloemfontein: Renewal of Period of Operation of the Collective Agreement, Government Gazette 36338, Notice No. R. 265, dated 12 April 2013.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by “Bargaining Council for the Building Industry, Bloemfontein: Extension to Non-Parties of the Collective Amending Agreement”, Government Gazette 36338, Notice No. R. 264, dated 12 April 2013.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by “Variation of Scope of the Motor Ferry Industry Bargaining Council of South Africa”, Government Gazette 36016, Notice No. 1054 of 2012, dated 28 December 2012.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by “ Building Industry Bargaining Council (Cape of Good Hope) Cancellation of Government Notice”, Government Gazette 35932, Notice No. 993, dated 7 December 2012.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by Bargaining Council for the Building Industry, Kimberley: Extension of Amendment of Collective Agreement to Non-Parties, Government Gazette 35884, Notice No. R. 948, dated 23 November 2012.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by “Bargaining Council for the Building Industry, Kimberley: Extension of Amendment of Electrical Installation Section Collective Agreement to Non-Parties”, Government Gazette 35884, Notice No. R. 950, dated 23 November 2012

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by “Bargaining Council for the Building Industry, Kimberley: Renewal of Period of Operation of Electrical Installation Section Collective Agreement”, Government Gazette 35884, Notice No. R. 949, dated 23 November 2012

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by the Extension of Period of Operation of the Footwear Section Collective Agreement, Government Gazette 35385, Notice No. R. 411, dated 1 June 2012.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by the Extension to Non-Parties of the General Goods and Handbag Section Collective Amending Agreement, Government Gazette 35832, Notice No. R. 885, dated 2 November 2012.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by Government Gazette 34910, dated 6 January 2012 – Notice R.4; National Bargaining Council for the Road Freight and Logistics Industry: Extension to Non-Parties of the Main Collective Agreement.

 

Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by Government Gazette 34824, dated 7 December 2011 – Notice R.1018; Bargaining Council of the Leather Industry.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by Metal and Engineering Industries Bargaining Council: Extension to Non-Parties of the Main Collective Re-Enacting and Amending Agreement, Government Gazette 34613, Notice No. R. 748, dated 23 September 2011.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been updated by:

Government Gazette 35481, dated 6 July 2012 - Notice R.504; National Bargaining Council.

Government Gazette 35481, dated 6 July 2012 - Notice R.515; National Bargaining Council.

Government Gazette 34910, dated 6 January 2012 - Notice R.5; National Bargaining Council Amending Agreement.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been updated by GG34909 dated 6 January 2012 General Notice 3 Cancellation of registration of a Bargaining Council.

 

The Act has been updated by an amendment notice to the Commission for Conciliation, Mediation and Arbitration, printed in Government Gazette No. 31564 dated 7 November 2008.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995 has been amended by Government Gazette 31191, Notice No. R. 710, National Bargaining Council for the Electrical Industry of South Africa: Extension of Amendment of National Pension and Provident Funds Collective Agreement to Non-Parties, dated 4 July 2008.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by “Cancellation of Registration of a Trade Union: The Trade Union for Upliftment of South Africa (TUFUSA)”, Government Gazette 30968, Notice No. 447, dated 18 April 2008

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by “Cancellation of Registration of an Employer’s Organisation: East London & District Meat Traders Association”, Government Gazette 30968, Notice No. 446, dated 18 April 2008

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by “Cancellation of Registration of a Trade Union”, Government Gazette 30680, Notice No. 118, dated 25 January 2008

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by “Cancellation of Registration of a Trade Union”, Government Gazette 30680, Notice No. 117, dated 25 January 2008

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by “Cancellation of Registration of a Trade Union”, Government Gazette 30680, Notice No. 116, dated 25 January 2008

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by “Cancellation of Registration of a Trade Union”, Government Gazette 30680, Notice No. 115, dated 25 January 2008.

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by “Cancellation of Registration of a Trade Union”, Government Gazette 30680, Notice No. 114, dated 25 January 2008

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by “Cancellation of Registration of a Trade Union”, Government Gazette 30697, Notice No. 143, dated 1 February 2008

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by “Cancellation of Registration of a Trade Union”, Government Gazette 30697, Notice No. 146, dated 1 February 2008

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by “Cancellation of Registration of a Trade Union”, Government Gazette 30697, Notice No. 147, dated 1 February 2008

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by “Cancellation of Registration of a Trade Union”, Government Gazette 30697, Notice No. 148, dated 1 February 2008

 

The Labour Relations Act 1995 (Act No. 66 of 1995) has been amended by the addition of Rules relating to the Commission for Conciliation, Mediation and Arbitration as published in Notice No. R. 1448 in Government Gazette No. 25515 dated 10 October 2003, as well as an amendment thereto in Government Gazette No. 29587 dated 9 February 2007;

 

The Labour Relations Act, (Act No. 66 of 1995) has been amended by Code of Good Practice: Who is an Employee, Government Gazette 29445, General Notice No. 1774, dated 1 December 2006.

 

The act has been amended by the Schedule of the Prevention and Combating of Corrupt Activities Act (GG26311) 28 April 2004

 

The Labour Relations Act 1995 (Act No. 66 of 1995) has been amended by Tariff of Fees in Notice No. R. 1444 Government Gazette No. 25515 dated 10 October 2003;

Amended by the Intelligence Services Act, 2002.

The Act has been updated by the Labour Relations Amendment Act, 2002 (12 of 2002) as gazetted in GG 23540 dated 24 June 2002.

The Labour Relations Regulations have been updated as gazetted in GG 23651 dated 25 July 2002.

The Guidelines issued in terms of section 95(8) have been added to the Act as gazetted in GG 23611 dated 25 July 2002.

The Regulations for the conduct of Facilitations have been added to the Act as gazetted in GG 23611 dated 25 July 2002.

 

The following bulleted items have been Gazetted but not yet added to the Labour Relations Act on Acts Online:

Amendment to the conduct of proceedings of the Labour Court – GG 22587 dated 17 August 2001,

Essential Services Committee: SA National Blood Service – GG 22670 dated 21 September 2001

 

The Code of Good Practice on key aspects of HIV/AIDS and Employment, as published in Gazette 21815 and dated December 1, 2000, has been added to the Act.

Rules regulating the Practice and Procedure for Resolving Disputes through Conciliation and at Arbitration Proceedings have been added to the Act, as published in Gazette 20981 and dated 31 March 2000.

The Department of Labour have Gazetted a Social Plan on Labour Market and Human Resource Development for Job Creation, as published in the Gazette Number 20305 and dated 23 July 1999.

A Code of Good Practice on Dismissal based on Operational Requirements has been added to the Act as published in Government Gazette 20254 dated 16 July 1999.

Section 12A has been added to the Labour Appeal Court Rules and dated 5 March 1999.The Rules of the Labour Court and of the Labour Appeal Court were extensively updated by gazette, dated 4 September 1998.The Act was also extensively updated by the Labour Relations Amendment Act, 1998, gazetted on 2 December 1998, which came into operation on 1 February 1999, as published in Government Gazette Notice No. R. 3, 1999 dated 15 January 1999.

 

The Labour Relations Act, 1995 (Act No. 66 of 1995) has been amended by Notice Published by the Essential Services Committee, Government Gazette 18276, Notice No. 1216, dated 12 September 1997.