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Labour Relations Act, 1995 (Act No. 66 of 1995)

Chapter IX : General Provisions

213. Definitions

 

 

In this Act, unless the context otherwise indicates—

 

"area"

includes any number of areas, whether or not contiguous;

 

"auditor"

means any person who is registered to practise in the Republic as a public accountant and auditor;

 

"bargaining council"

means a bargaining council referred to in section 27 and includes, in relation to the public service, the bargaining councils referred to in section 35;

 

"Basic Conditions of Employment Act"

means the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997);

 

"code of good practice"

means a code of practice issued by NEDLAC in terms of section 203(1) of this Act;

 

"collective agreement"

means a written agreement concerning terms and conditions of employment or any other matter of mutual interest concluded by one or more registered trade unions, on the one hand and, on the other hand—

(a) one or more employers;
(b) one or more registered employers' organisations; or
(c) one or more employers and one or more registered employers' organisations;

 

"Commission"

means the Commission for Conciliation, Mediation and Arbitration established by section 112;

[Definition inserted by section 42(a) of Act No. 6 of 2014]

 

"council"

includes a bargaining council and a statutory council;

 

"director"

means the director of the Commission appointed in terms of section 118(1)and includes any acting director appointed in terms of section 119;

 

"dismissal"

means dismissal as defined in section 186;

 

''dispute"

includes an alleged dispute;

 

"employee" 54

means—

(a) any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration; and
(b) any other person who in any manner assists in carrying on or conducting the business of an employer,

and "employed" and "employment" have meanings corresponding to that of "employee";

 

''employers' organisation"

means any number of employers associated together for the purpose, whether by itself or with other purposes, of regulating relations between employers and employees or trade unions;

 

"employment law"

includes this Act, any other Act the administration of which has been assigned to the Minister, and any of the following Acts:

(a) the Unemployment Insurance Act, 2001 (Act No. 63 of 2001);

[Paragraph (a) substituted by section 42(b) of Act No. 6 of 2014]

(b) the Skills Development Act, 1998 (Act No. 97 of 1998);
(c) the Employment Equity Act, 1998 (Act No. 55 of 1998);
(d) the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993);
(e) the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993); and
(f) the Unemployment Insurance Contributions Act, 2002 (Act No. 4 of 2002];

[Paragraph (f) inserted by section 42(c) of Act No. 6 of 2014]

 

''essential service"

means—

(a) a service the interruption of which endangers the life, personal safety or health of the whole or any part of the population;
(b) the Parliamentary service;
(c) the South African Police Services;

 

"issue in dispute",

in relation to a strike or lock-out, means the demand, the grievance or the dispute that forms the subject matter of the strike or lock-out;

 

"legal practitioner"

means any person admitted to practise as an advocate or an attorney in the Republic;

 

"lock-out"

means the exclusion by an employer of employees from the employer's workplace, for the purpose of compelling the employees to accept a demand in respect of any matter of mutual interest between employer and employee, whether or not the employer breaches those employees' contracts of employment in the course of or for the purpose of that exclusion;

 

"Minister"

means the Minister of Labour;

 

"NEDLAC"

means the National Economic Development and Labour Council established by section 2 of the National Economic, Development and Labour Council Act, 1994 (Act No. 35 of 1994);

 

"office-bearer"

means a person who holds office in a trade union, employers' organisation, federation of trade unions, federation of employers' organisations or council and who is not an official;

 

"official"

in relation to a trade union, employers' organisation, federation of trade unions or federation of employers ' organisations means a person employed as the secretary, assistant secretary or organiser of a trade union, employers' organisation or federation, or in any other prescribed capacity, whether or not that person is employed in a full-time capacity. And, in relation to a council means a person employed by a council as secretary or in any other prescribed capacity, whether or not that person is employed in a full-time capacity;

 

"operational requirements"

means requirements based on the economic, technological, structural or similar needs of an employer;

 

"prescribed"

means prescribed from time to time by regulation in terms of section 208;

 

"protest action"

means the partial or complete concerted refusal to work, or the retardation or obstruction of work, for the purpose of promoting or defending the socio-economic interests of workers, but not for a purpose referred to in the definition of strike;

 

"public service"

means the national departments, provincial administrations, provincial departments and organisational components contemplated in section 7(2) of the Public Service Act, 1994 (promulgated by Proclamation No. 103 of 1994), but excluding—

(a) the members of the South African National Defence Force;
(b) the National Intelligence Agency; and
(c) the South African Secret Service.

 

"registered scope"

means—

(a) in the case of the Public Service Co-ordinating Bargaining Council, the public service as a whole, subject to section 36;
(b) in the case of bargaining councils established for sectors in the public service, the sector designated by the Public Service Co-ordinating Bargaining Council in terms of section 37(1);
(c) in the case of any other council, the sector and area in respect of which it is registered in terms of this Act;

 

"registrar"

means the registrar of labour relations appointed in terms of section 108 and includes—

(a) any deputy registrar appointed in terms of that section when acting on the direction or under a general or special delegation of the registrar; and
(b) any acting registrar appointed in terms of that section;

 

"remuneration"

means any payment in money or in kind, or both in money and in kind, made or owing to any person in return for that person working for any other person, including the State, and 'remunerate' has a corresponding meaning;

 

"Republic"
(a) when used to refer to the State as a constitutional entity, means the Republic of South Africa as defined in section 1 of the Constitution; and
(b) when used in the territorial sense, means the national territory of the Republic as defined in section 1 of the Constitution;

 

"sector"

means, subject to section 37, an industry or a service;

 

"serve"

means to send by electronic mail, registered post, telegram, telex, telefax or to deliver by hand, and—

(a) in respect of the Labour Courts, any other method of service specified in the rules of the Labour Court;
(b) in respect of the Commission, any other method of service specified in the Rules of the Commission;
(c) in respect of a bargaining council, any other method of service specified in a collective agreement concluded in the bargaining council.

[Definition substituted by section 42(d) of Act No. 6 of 2014]

 

"statutory council"

means a council established in terms of Part E of Chapter III;

 

"strike"

means the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between employer and employee, and every reference to "work'' in this definition includes overtime work, whether it is voluntary or compulsory;

 

"this Act"

includes the section numbers, the Schedules, except Schedules 4 and 8, and any regulations made in terms of section 208, but does not include the page headers, the headings or footnotes;

 

"trade union"

means an association of employees whose principal purpose is to regulate relations between employees and employers, including any employers' organisations;

 

"trade union representative"

means a member of a trade union who is elected to represent employees in a workplace;

 

"Wage Act"

means the Wage Act, 1957 (Act No. 5 of 1957);

 

"working hours"

means those hours during which an employee is obliged to work;

 

"workplace"
(a) in relation to the public service—
(i) for the purposes of collective bargaining and dispute resolution, the registered scope of the Public Service Co-ordinating Bargaining Council or a bargaining council in a sector in the public service, as the case may be; or
(ii) for any other purpose, a national department, provincial administration, provincial department or organisational component contemplated in section 7(2) of the Public Service Act, 1994 (promulgated by Proclamation No. 103 of 1994), or any other part of the public service that the Minister for Public Service and Administration, after consultation with the Public Service Co-ordinating Bargaining Council, demarcates as a workplace;
(b) [Paragraph (b) deleted by the Labour Relations Amendment Act, 2002]
(c) in all other instances means the place or places where the employees of an employer work. If an employer carries on or conducts two or more operations that are independent of one another by reason of their size, function or organisation, the place or places where employees work in connection with each independent operation, constitutes the workplace for that operation; and

 

"workplace forum"

means a workplace forum established in terms of Chapter V.

 

54 "Employee" is given a different and specific meaning in section 78 in Chapter V.