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

Chapter IV : Strikes and Lock-outs

72. Minimum services

 

 

(1) When making a determination in terms of section 71, a panel of the essential services committee may issue an order—
(a) directing the parties to negotiate a minimum services agreement as contemplated in this section within a period specified in the order;
(b) if an agreement is not negotiated within the specified period, permitting either party to refer the matter to conciliation at the Commission or a bargaining council having jurisdiction.

 

(2) If the parties fail to conclude a collective agreement providing for the maintenance of minimum services or if a collective agreement is not ratified, a panel appointed by the essential services committee may determine the minimum services that are required to be maintained in an essential service.

 

(3) If a panel appointed by the essential services committee ratifies a collective agreement that provides for the maintenance of minimum services in a service designated as an essential service or if it determines such a minimum service which is binding on the employer and the employees involved in that service—
(a) the agreed or determined minimum services are to be regarded as an essential service in respect of the employer and its employees; and
(b) the provisions of section 74 do not apply.

 

(4) A minimum service determination—
(a) is valid until varied or revoked by the essential services committee; and
(b) may not be varied or revoked for a period of 12 months after it has been made.

 

(5) Despite subsections (3) and (4), section 74 applies to a designated essential service in respect of which the essential services committee has made a determination of minimum services if the majority of employees employed in the essential services voted in a ballot in favour of this.

 

(6) Subsection (5) does not apply to a dispute in respect of which a notice of a strike or lock-out has been issued prior to the holding of the ballot.

 

(7) Despite subsection (4), a panel may vary a determination by ratifying a collective agreement concluded between or on behalf of one or more—
(a) trade unions representing a majority of the employees covered by the determination; and
(b) employers employing the majority of the employees covered by the determination.

 

(8) Any party to negotiations concerning a minimum services agreement may, subject to any applicable collective agreement, refer a dispute arising from those negotiations to the Commission or a bargaining council having jurisdiction for conciliation and, if an agreement is not concluded, to the essential services committee for determination.

 

[Section 72 substituted by section 13 of Act No. 6 of 2014]