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Table of Contents
Labour Relations Act, 1995 (Act No. 66 of 1995)
Notice No. 1877 of 1995
Act
Chapter I : Purpose, Application and Interpretation
1. Purpose of this Act
2. Exclusion from application of this Act
3. Interpretation of this Act
Chapter II : Freedom of Association and General Protections
4. Employees' right to freedom of association
5. Protection of employees and persons seeking employment
6. Employers' right to freedom of association
7. Protection of employers' rights
8. Rights of trade unions and employers' organisations
9. Procedure for disputes
10. Burden of proof
Chapter III : Collective Bargaining
Part A : Organisational Rights
11. Trade union representativeness
12. Trade union access to workplace
13. Deduction of trade union subscriptions or levies
14. Trade union representatives
15. Leave for trade union activities
16. Disclosure of information
17. Restricted rights in domestic sector
18. Right to establish thresholds of representativeness
19. Certain organisational rights for trade union party to council
20. Organisational rights in collective agreements
21. Exercise of rights conferred by this Part
22. Disputes about organisational rights
Part B : Collective Agreements
23. Legal effect of collective agreement
24. Disputes about collective agreements
25. Agency shop agreements
26. Closed shop agreements
Part C : Bargaining Councils
27. Establishment of bargaining councils
28. Powers and functions of bargaining council
29. Registration of bargaining councils
30. Constitution of bargaining council
31. Binding nature of collective agreement concluded in bargaining council
32. Extension of collective agreement concluded in bargaining council
32A. Renewal and extension of funding agreements
33. Appointment and powers of designated agents of bargaining councils
33A Enforcement of collective agreements by bargaining council
34. Amalgamation of bargaining councils
Part D : Bargaining Councils in the Public Service
35. Bargaining councils in public service
36. Public Service Co-ordinating Bargaining Council
37. Bargaining councils in sectors in public service
38. Disputes between bargaining councils in public service
Part E : Statutory Councils
39. Application to establish statutory council
40. Establishment and registration of statutory council
41. Establishment and registration of statutory council in absence of agreement
42. Certificate of registration of statutory council
43. Powers and functions of statutory councils
44. Ministerial determinations
45. Disputes about determinations
46. Withdrawal of party from statutory council
47. Appointment of new representative of statutory council
48. Change of status of statutory council
Part F : General Provisions concerning Councils
49. Representativeness of council
50. Effect of registration of council
51. Dispute resolution functions of council
52. Accreditation of council or appointment of accredited agency
53. Accounting records and audits
54. Duty to keep records and provide information to registrar
55. Delegation of functions to committee of council
56. Admission of parties to council
57. Changing constitution or name of council
58. Variation of registered scope of council
59. Winding-up of council
60. Winding-up of council by reason of insolvency
61. Cancellation of registration of council
62. Disputes about demarcation between sectors and areas
63. Disputes about Parts A and C to F
Chapter IV : Strikes and Lock-outs
64. Right to strike and recourse to lock-out
65. Limitations on right to strike or recourse to lock-out
66. Secondary strikes
67. Strike or lock-out in compliance with this Act
68. Strike or lock-out not in compliance with this Act
69. Picketing
70. Essential services committee
70A. Composition of essential services committee
70B. Powers and functions of essential services committee
70C. Appointment of panels
70D. Powers and functions of panel
70E. Jurisdiction and administration of essential services committee
70F. Regulations for essential services committee
71. Designating a service as an essential service
72. Minimum services
73. Disputes about minimum services and about whether a service is an essential service
74. Disputes in essential services
75. Maintenance services
76. Replacement labour
77. Protest action to promote or defend socio-economic interests of workers
Chapter V : Workplace Forums
78. Definitions in this Chapter
79. General functions of workplace forum
80. Establishment of workplace forum
81. Trade union based workplace forum
82. Requirements for constitution of workplace forum
83. Meetings of workplace forum
84. Specific matters for consultation
85. Consultation
86. Joint decision-making
87. Review at request of newly established workplace forum
88. Matters affecting more than one workplace forum in an employer's operation
89. Disclosure of information
90. Inspection and copies of documents
91. Breach of confidentiality
92. Full-time members of workplace forum
93. Dissolution of workplace forum
94. Disputes about workplace forums
Chapter VI : Trade Unions and Employers' Organisations
Part A : Registration and Regulation of Trade Unions and Employers' Organisations
95. Requirements for registration of trade unions or employers' organisations
96. Registration of trade unions or employers' organisations
97. Effect of registration of trade union or employers' organisation
98. Accounting records and audits
99. Duty to keep records
100. Duty to provide information to registrar
101. Changing constitution or name of registered trade unions or employers' organisations
102. Amalgamation of trade unions or employers' organisations
103. Winding-up of trade unions or employers' organisations
103A. Appointment of administrator
104. Winding-up of trade unions or employers' organisations by reason of insolvency
105. Declaration that trade union is no longer independent
106. Cancellation of registration of trade unions or employers' organisations
Part B : Regulation of Federations of Trade Unions and Employers' Organisations
107. Regulation of federations of trade unions or employers' organisations
Part C : Registrar of Labour Relations
108. Appointment of registrar of labour relations
109. Functions of registrar
110. Access to information
Part D : Appeals from Registrar's decision
111. Appeals from registrar's decision
Chapter VII : Dispute Resolution
Part A : Commission for Conciliation, Mediation and Arbitration
112. Establishment of Commission for Conciliation, Mediation and Arbitration
113. Independence of Commission
114. Area of jurisdiction and offices of Commission
115. Functions of Commission
116. Governing body of Commission
117. Commissioners of Commission
118. Director of Commission
119. Acting director of Commission
120. Staff of Commission
121. Establishment of committees of Commission
122. Finances of Commission
123. Circumstances in which Commission may charge fees
124. Contracting by Commission, and Commission working in association with any person
125. Delegation of governing body's powers, functions and duties
126. Limitation of liability and limitation on disclosure of information
Part B : Accreditation of and Subsidy to Councils and Private Agencies
127. Accreditation of councils and private agencies
128. General provisions relating to accreditation
129. Amendment of accreditation
130. Withdrawal of accreditation
131. Application to renew accreditation
132. Subsidy to council or private agency
Part C : Resolution of disputes under auspices of Commission
133. Resolution of disputes under auspices of Commission
134. Disputes about matters of mutual interest
135. Resolution of disputes through conciliation
136. Appointment of commissioner to resolve dispute through arbitration
137. Appointment of senior commissioner to resolve dispute through arbitration
138. General provisions for arbitration proceedings
139. Special provisions for arbitrating disputes in essential services
140. Special provisions for arbitrations about dismissals for reasons related to conduct or capacity
141. Resolution of disputes if parties consent to arbitration under auspices of Commission
142. Powers of commissioner when attempting to resolve disputes
142A. Making settlement agreement arbitration award
143. Effect of arbitration awards
144. Variation and rescission of arbitration awards and rulings
145. Review of arbitration awards
146. Exclusion of Arbitration Act
147. Performance of dispute resolution functions by Commission in exceptional circumstances
148. Commission may provide advice
149. Commission may provide assistance
150. Commission may appoint commissioner to conciliate in public interest
150A. Advisory arbitration panel in public interest
150B. Composition of advisory arbitration panel
150C. Advisory arbitration award
150D. Effect of advisory arbitration award
Part D : Labour Court
151. Establishment and status of Labour Court
152. Composition of Labour Court
153. Appointment of judges of Labour Court
154. Tenure, remuneration and terms and conditions of appointment of Labour Court judges
155. Officers of Labour Court
156. Area of jurisdiction and seat of Labour Court
157. Jurisdiction of Labour Court
158. Powers of Labour Court
159. Rules Board for Labour Courts and rules for Labour Court
160. Proceedings of Labour Court to be carried on in open court
161. Representation before Labour Court
162. Costs
163. Service and enforcement of orders of Labour Court
164. Seal of Labour Court
165. Variation and rescission of orders of Labour Court
166. Appeals against judgment or order of Labour Court
Part E : Labour Court
167. Establishment and status of Labour Appeal Court
168. Composition of Labour Appeal Court
169. Appointment of other judges of Labour Appeal Court
170. Tenure, remuneration and terms and conditions of appointment of Labour Appeal Court judges
171. Officers of Labour Appeal Court
172. Area of jurisdiction and seat of Labour Appeal Court
173. Jurisdiction of Labour Appeal Court
174. Powers of Labour Appeal Court on hearing of appeals
175. Labour Appeal Court may sit as court of first instance
176. Rules for Labour Appeal Court
177. Proceedings of Labour Appeal Court to be carried on in open court
178. Representation before Labour Appeal Court
179. Costs
180. Service and enforcement of orders
181. Seal of Labour Appeal Court
182. Judgments of Labour Appeal Court binding on Labour Court
183. Labour Appeal Court final court of appeal
Part F : General Provisions applicable to Courts established by this Act
184. General provisions applicable to courts established by this Act
Chapter VIII : Unfair Dismissal and Unfair Labour Practice
185. Right not to be unfairly dismissed or subjected to unfair labour practice
186. Meaning of dismissal and unfair labour practice
187. Automatically unfair dismissals
188. Other unfair dismissals
188A. Inquiry by arbitrator
189. Dismissals based on operational requirements
189A. Dismissals based on operational requirements by employers with more than 50 employees
190. Date of dismissal
191. Disputes about unfair dismissals and unfair labour practices
192. Onus in dismissal disputes
193. Remedies for unfair dismissal and unfair labour practice
194. Limits on compensation
195. Compensation is in addition to any other amount
196. Severance pay
197. Transfer of contract of employment
197A. Transfer of contract of employment in circumstances of insolvency
197B. Disclosure of information concerning insolvency
Chapter IX : Regulation of Non-Standard Employment and General Provisions
198. Temporary Employment Services
198A. Application of section 198 to employees earning below earnings threshold
198B. Fixed term contracts with employees earning below earnings threshold
198C. Part-time employment of employees earning below earnings threshold
198D. General provisions applicable to sections 198A to 198C
199. Contracts of employment may not disregard or waive collective agreements or arbitration awards
200. Representation of employees or employers
200A. Presumption as to who is employee
200B. Liability for employer's obligations
201. Confidentiality
202. Service of documents
203. Codes of good practice
204. Collective agreement, arbitration award or wage determination to be kept by employer
205. Records to be kept by employer
206. Effect of certain defects and irregularities
207. Ministers empowered to add and change to Schedules
208. Regulations
208A. Delegations
209. This Act binds the State
210. Application of Act when in conflict with other laws
211. Amendment of laws
212. Repeal of laws, and transitional arrangements
213. Definitions
214. Short title and commencement
Schedules
Schedule 1 : Establishment of Bargaining Councils for Public Service
1. Definitions for this Schedule
2. Establishment of Public Service Co-ordinating Bargaining Council
3. Establishment of bargaining councils in sectors
Schedule 2 : Guidelines for Constitution of Workplace Forum
1. Introduction
2. Number of seats in workplace forums
3. Distribution of seats to reflect occupational structure
4. Elections
5. Terms of office
6. Meetings of workplace forum
7. Time off for members of workplace forum
8. Facilities to be provided to workplace forum
9. Experts
10. Establishment of co-ordinating and subsidiary workplace forums
Schedule 3 : Commission for Conciliation, Mediation and Arbitration
1. Remuneration and allowances of members of governing body
2. Resignation and removal from office of member of governing body
3. Vacancies in governing body
4. Proceedings of governing body
5. Director of Commission
6. Bank account
7. Investment of surplus money
8. Accounting and auditing
9. Annual report
Schedule 4 : Dispute Resolution: Flow Diagrams
1. Freedom of Association
2. Organisational Rights
3. Collective Agreements
4. Collective Agreements (Agency Shop and Closed Shop Agreements)
5. Councils
6. Strikes and Lock-outs (Not in compliance with the Act)
7. Picketing
8. Essential Services (Dispute of interest in essential service)
9. Workplace Forum -1 (Joint Decision Making)
10. Unfair Dismissal - 1 (Automatically unfair reasons)
11. Unfair Dismissal - 2 (Strikes and reasons related to closed shops)
12. Unfair Dismissal - 3 (Misconduct / incapacity)
13. Unfair Dismissal - 4 (Operational Requirements)
14. Unfair Labour Practice
Schedule 5 : Amendment of Laws
1. Amendment of section 1 of Basic Conditions of Employment Act
2. Amendment of section 35 of Occupational Health and Safety Act, 1993
3. Amendment of Section 2 of Pension Funds Act, 1956
4. Amendment of Section 2 of Medical Schemes Act, 1967
5. Amendment of Section 1 of Insurance Act, 1943
6. Amendment of Section 2 of Friendly Societies Act, 1956
7. Amendment of Section 3 of Friendly Societies Act, 1956
Schedule 6 : Laws repealed by Section 212
Schedule 7 : Transitional Arrangements
Part A : Definitions for this Schedule
1. Definitions
Part B : Unfair Labour Practices
2. [Deleted] Residual unfair labour practices
3. [Deleted] Disputes about unfair labour practices
4. [Deleted] Powers of Labour Court and Commission
Part C : Provisions concerning existing Trade Unions, Employers' Organisations, Industrial Councils and Conciliation Boards
5. Existing registered trade unions and employers' organizations
6. Pending applications by trade unions or employers' organisations for registration, variation of scope, alteration of constitution or name
7. Industrial councils
8. Pending applications by industrial councils for registration and variation of scope
8A. Pending enquiries by industrial registrar
9. Pending applications by industrial councils for alteration of constitution or name
10. Pending applications for admission of parties to industrial councils
11. Pending applications to wind up and cancel registration of trade unions, employers' organisations and industrial councils
12. Existing agreements and awards of industrial councils and conciliation boards
12A. Designated Agents
13. Existing agreements including recognition agreements
Part D : Matters concerning Public Service
14. Public Service Bargaining Council
15. Collective agreements in the public service
16. Education Labour Relations Council
17. Education sector collective agreements
18. Negotiating Forums in South African Police Service
19. Collective agreement in South African Police Service
20. Consequences for public service bargaining institutions when Public Service Co-ordinating Bargaining Council is established
Part E : Disputes and Courts
21. Disputes arising before commencement of this Act
21A. Dispute Resolution by Councils before their Accreditation
22. Courts
22A. Minister may authorise Commission to perform industrial court's functions
Part F : Pension Matters
23. Continuation of existing Pension rights of staff members of Commission upon assuming employment
Part G : Essential Services
24. Essential services in the public sector
25. Essential services provided for in the Labour Relations Act
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. Order for costs in arbitration
29. Arbitration in terms of section 33A
30. Unfair Labour Practice
31. Bargaining councils in public service
32. Expedited applications in terms of section 189A(13)
Schedule 8 : Code of Good Practice: Dismissal
1. Introduction
2. Fair reasons for dismissal
3. Disciplinary measures short of dismissal
4. Fair procedure
5. Disciplinary records
6. Dismissals and industrial action
7. Guidelines in cases of dismissal for misconduct
8. Probation
9. Guidelines in cases of dismissal for poor work performance
10. Incapacity: Ill health or injury
11. Guidelines in cases of dismissal arising from ill health or injury
Schedule 9 : Model Constitution for a Statutory Council
1. Name
2. Registered scope
3. Powers and functions
4. Parties
5. Appointment of representatives
6. Council meetings
7. Executive committee
8. Other committees
9. Chairperson and deputy chairperson
10. Officials and employees
11. Panels of conciliators and arbitrators
12. Disputes referred to council for conciliation
13. Disputes referred to council for arbitration
14. Procedure for negotiation of collective agreements
15. Finances
16. Winding-up
17. Changing constitution
18. Necessary first steps
19. Definitions
Annexure
Schedule 10 : Powers of Designated Agent of Bargaining Council
Regulations
Labour Relations Regulations in terms of section 208
Notice No. R. 1016 of 2014
A. Index of Labour Relations Regulations
1. Definitions
2. Services
3. Subpoenas
4. Witness fees
5. Access to documents
6. Fees for documents
7. Form of requests and applications
8. Form of certificates or particulars
9. Form of notices, demands and appeals
10. Forms of records, reports, statements, lists and registers
11. Form of proposals, resolutions and referrals
12. Labour Court
13. Chief Director: Provincial Operations, Department of Labour
14. Regional Offices of the CCMA
14A. Repeal and savings
15. Short title and commencement
B. Index of Forms Annexed to Regulations
1. Organised according to sequence of the Act
Chapter 1 - Purpose, Application and Interpretation
Chapter 2 - Freedom of Association and General Protections
Chapter 3 - Collective Bargaining
Chapter 4 - Strikes and Lock-outs
Chapter 5 - Workplace Forums
Chapter 6 - Trade Unions and Employers' Organisations
Chapter 7 - Dispute Resolution
Chapter 8 - Unfair Dismissal
Chapter 9 - General Provisions
2. Organised according to activities and Organisations
Arbitration
Bargaining Council
CCMA
Collective Agreements
Conciliation
Conscientious objectors
Employers
Employers' Organisations
Essential Service
Maintenance Service
NEDLAC
Picketing
Public Service
Statutory Council
Strike
Subsidy
Trade Unions
Workplace Forum
Forms
Chapter 1 : Purpose, Application and Interpretation
Chapter 2 : Freedom of Association and General Protections
Chapter 3 : Collective Bargaining
LRA Form 3.1 - Conscientious objector requests agency fee to be paid to Department
LRA Form 3.2 - List of deductions from conscientious objectors' wages
LRA Form 3.3 - Application for registration of a Bargaining Council
LRA Form 3.3 (Page 1)
LRA Form 3.3 (page 2)
LRA Form 3.3 (Page 3)
LRA Form 3.3 (Page 4)
LRA Form 3.3 (Page 5)
LRA Form 3.3 (Page 6)
LRA Form 3.4 - Certificate of registration of Bargaining Council
LRA Form 3.5 - Bargaining Council requests requests extension of collective agreement to non-parties
LRA Form 3.5 (Page 1)
LRA Form 3.5 (Page 2)
LRA Form 3.5 (Page 3)
LRA Form 3.5 (Page 4)
LRA Form 3.5 (Page 5)
LRA Form 3.5A - Statutory Council requests extension of collective agreement to non-parties
LRA Form 3.5A (Page 1)
LRA Form 3.5A (Page 2)
LRA Form 3.5A (Page 3)
LRA Form 3.5A (Page 4)
LRA Form 3.5A (Page 5)
LRA Form 3.5A (Page 6)
LRA Form 3.6 - Council requests to extend period of, or renew, collective agreement extended to non-parties
LRA Form 3.6 (Page 1)
LRA Form 3.6 (Page 2)
LRA Form 3.6 (Page 3)
LRA Form 3.6 (Page 4)
LRA Form 3.6 (Page 5)
LRA Form 3.7 - Council requests cancellation of notice extending collective agreement to non-parties
LRA Form 3.8 - Council requests appointment of designated agent
LRA Form 3.9 - Certificate of appointment as designated agent of a Council
LRA Form 3.10 - Subpoena by designated agent
LRA Form 3.10A - Subpoena by Council Arbitrator
LRA Form 3.11 - Amalgamating Bargaining Council applies for registration
LRA Form 3.11 (Page 1)
LRA Form 3.11 (Page 2)
LRA Form 3.11 (Page 3)
LRA Form 3.11 (Page 4)
LRA Form 3.11 (Page 5)
LRA Form 3.12 - Referring Public Service jurisdictional disputes for conciliation
LRA Form 3.12 (Page 1)
LRA Form 3.12 (Page 2)
LRA Form 3.13 - Referring Public Service jurisdictional disputes for arbitration
LRA Form 3.13 (Page 1)
LRA Form 3.13 (Page 2)
LRA Form 3.14 - Trade Union applies for establishment of a Statutory Council
LRA Form 3.14 (Page 1)
LRA Form 3.14 (Page 2)
LRA Form 3.14 (Page 3)
LRA Form 3.15 - Employers' Organisation applies for establishment of a Statutory Council
LRA Form 3.15 (Page 1)
LRA Form 3.15 (Page 2)
LRA Form 3.15 (Page 3)
LRA Form 3.16 - Certificate of registration of a Statutory Council
LRA Form 3.17 - Submission of collective agreement of Statutory Council to Minister for promulgation as a determination
LRA Form 3.18 - Statutory Council requests Minister to amend or extend period of determination
LRA Form 3.19 - Statutory Council applies to register as a Bargaining Council
LRA Form 3.19 (Page 1)
LRA Form 3.19 (Page 2)
LRA Form 3.19 (Page 3)
LRA Form 3.19 (Page 4)
LRA Form 3.20 - Council submits particulars of representativeness of its registered scope
LRA Form 3.20 (Page 1)
LRA Form 3.20 (Page 2)
LRA Form 3.20 (Page 3)
LRA Form 3.20 (Page 4)
LRA Form 3.20A - Council submits particulars of representativeness of parties to a collective agreement
LRA Form 3.20A (Page 1)
LRA Form 3.20A (Page 2)
LRA Form 3.20A (Page 3)
LRA Form 3.20A (Page 4)
LRA Form 3.20B - Council submits particulars of Small Enterprises
LRA Form 3.20B (Page 1)
LRA Form 3.20B (Page 2)
LRA Form 3.20C - Council submits particulars of exemptions and enforcement
LRA Form 3.20C (Page 1)
LRA Form 3.20C (Page 2)
LRA Form 3.20C (Page 3)
LRA Form 3.21 - Certificate of representativeness of Council
LRA Form 3.21A - Certificate of representativeness of parties to a collective agreement
LRA Form 3.22 - Council applies for variation of scope of registration
LRA Form 3.22 (Page 1)
LRA Form 3.22 (Page 2)
LRA Form 3.22 (Page 3)
LRA Form 3.22 (Page 4)
LRA Form 3.23 - Application about demarcation dispute
LRA Form 3.23 (Page 1)
LRA Form 3.23 (Page 2)
LRA Form 3.23 (Page 3)
Facilitation Regulations, 2002
Notice No. R. 941 of 2002
1. How to request facilitation
2. Notice of first meeting of facilitation
3. Conduct of first facilitation meeting
4. Powers and duties of a facilitator
5. Power to order disclosure of information
6. Facilitation meetings
7. Status of facilitation proceedings
8. Panel of facilitators
9. Referral of dispute to Labour Court
10. Agreement
11. Definitions
12. Short title
Picketing Regulations
Notice No. R.1393 of 2018
1. Definitions
2. Agreement on picketing rules
3. Determining picketing rules
4. Binding nature of the picketing rules
5. Distribution of picketing rules
Default Picketing Rules
Notes
1. Legal Context
2. Purpose of the Picket
3. Circumstances of Workplace
4. Location of Picket
5. Details of Picket
6. Nature and Conduct of Picket
7. Control of Pickets
8. Employer Conduct
9. Picketing on Employer's Premises
10. Dispute Resolution
11. Police Involvement
12. Termination
Annexures
Annexure A : Description of Place or Places for the Picket
Annexure B : Names and Details of Participants
Notices
Notice published by the Essential Services Committee
Notice No. 1216 of 1997
Notice No. 237 of 2018
Cancellation of Registration of a Bargaining Council
Notice No. 3 of 2012
Cancellation of a Trade Union
Notice No. 114 of 2008
Notice No. 115 of 2008
Notice No. 116 of 2008
Notice No. 117 of 2008
Notice No. 118 of 2008
Notice No. 143 of 2008
Notice No. 146 of 2008
Notice No. 147 of 2008
Notice No. 148 of 2008
Notice No. 447 of 2008
Cancellation of Registration of an Employers' Organisation
Notice No. 446 of 2008
Bargaining Council for the Building Industry
Bloemfontein
Extension of Amendment of Collective Agreement to Non-parties
Notice No. R. 134 of 2012
1. Scope of Application
2. Period of Operation of Agreement
3. Clause 8: Remuneration
Extension to Non-parties of the Collective Amending Agreement
Notice No. 264 of 2013
Renewal of Period of Operation of the Collective Agreement
Notice No. R. 265 of 2013
Schedule
1. Scope of Application
2. Period of Operation of Agreement
3. Clause 8: Remuneration
4. Clause 8: Remuneration
5. Clause 13: Trade Union Rights
Kimberley
Extension of Amendment of Collective Agreement to Non-parties
Notice No. R. 948 of 2012
Schedule
1. Scope of Application
3. Appendixes
Schedules
Wage per hour
New Wagebands Kimberley Artisans and Craftsmen
New Wagebands Kimberley Non Artisans
New Wagebands Gordonia Artisans and Craftsmen
New Wagebands Gordonia Non Artisans
Renewal of Period of Operation of Electrical Installation Section Collective Agreement
Notice No. R. 949 of 2012
Extension of Amendment of Electrical Installation Section Collective Agreement to Non-parties
Notice No. R. 950 of 2012
North and West Boland
Extension of Amendment of Main Collective Agreement to Non-parties
Notice No. R. 957 of 2012
1. Scope of Application
1A. Period of Operation
2. Clause 4: Definitions
3. Clause 8: Employment Standards
4. Clause 9: Condition of Service
5. Clause 10: Remuneration
6. Clause 14: Holiday Fund
7. Clause 15: Retirement Funds
8. Clause 16: Sick Leave and Family Responsibilty Leave Benefit Fund for the Building Industry
9. Clause 17: Saving Fund
10. Clause 19: Expenses of the Council
11. Clause 20: Trade Union Deductions
12. Clause 21: Special Membership Levy: Employers
13. Clause 29: Training Fund
Extension of Amendment of Main Collective Agreement to Non-parties
Notice No. R. 691 of 2013
Schedule
1. Scope of Application
1A. Period of Operation
2. Clause 4: Definitions
3. Clause 9: Condition of Service
4. Clause 10: Remuneration
5. Clause 14: Holiday Fund
6. Clause 15: Retirement Funds
7. Clause 16: Sick Leave and Family Responsibility Leave
8. Clause 19: Expenses of the Council
Cape of Good Hope
Cancellation of Government Notice
Notice No. 993 of 2012
Extension to Non-parties
Notice No. 994 of 2012
1. Scope of Application
2. Period of Operation of Agreement
2A. Special Provisions
2B. General Provisions
3. Clause 4: Definitions
4. Clause 7: Registration of Employees
5. Clause 8: Terms of Employment
6. Clause 9: Remuneration
7. Clause 13: Holiday Fund
8. Clause 14: Pension/Provident Fund
9. Clause 15: Sick Pay Fund
10. Clause 18: Trade Union Subscriptions
11. Clause 19. Special Membership Levy: Employers
12. Clause 22: General
13. Clause 25: Resolution of Disputes
Re-enactment and Amendment of Main Collective Agreement
1. Scope of Application
2. Period of Operation of Agreement
3. Industrial Action
4. Definitions
5. Levels of Bargaining
6. Registration of Employers
6A. Compliance by Employers, Subcontracting and use of Temporary Employment Services
7. Registration of Employees
8. Terms of Employment
9. Remuneration
10. Wage Payment Procedure
11. Storage and Provision of Tools
12. Benefits
13. Holiday Fund
14. Pension/Provident Fund
15. Sick Pay Fund
16. Audit and Accounting
17. Expenses of the Council
18. Trade Union Subscriptions
19. Special Membership Levy : Employers
20. Master Builders Association (MBA) Skills and Education Trust
21. Western Province Building and Allied Trades' Sick Fund
22. General
23. Exemptions
24. Medical Aid Fund
25. Resolution of Disputes
26. Powers of Designated Agents and Appointed Conciliators and Arbitrators
27. Compliance Committee
28. Negotiations by Area
Annexure A : Rules
Part A : Serving and Filing Documents
1. Council addresses at which documents must be filed
2. How to calculate time periods
3. Who must sign documents
4. How to serve documents on other parties
5. How to prove that a document was served in terms of the Rules
6. How to file documents with the Council
7. Documents and notices sent by registered post
8. How to seek condonation for documents delivered
Part B : Conciliation of Disputes
9. How to refer a dispute to the Council for conciliation
10. The notice the Council is to give of a conciliation hearing
11. Council may seek to resolve a dispute before a conciliation hearing
12. What happens if a party fails to attend or is not represented at a conciliation hearing
13. How to determine whether or not Council commissioner may conciliate a dispute
14. Issuing a certificate in terms of section 135(5) of the Act
15. Conciliation proceedings may not be disclosed
Part C : Con-arb
16. Conduct of con-arb in terms of section 191 (5A) of the Act
Part D : Arbitrations
17. How to request arbitration
18. When parties may be directed to file statements
19. When parties may be directed to hold a pre-arbitration conference
20. What notice the Council is to give of an arbitration hearing
21. How to determine whether a Council commissioner may arbitrate a dispute
22. How to postpone an arbitration
Part E : Rules that apply to Conciliations, Arbitrations and Con-arbs
23. Who may represent a party at the Council
24. How to join or substitute parties to proceedings
25. How to correct the citation of a party
26. When the Council may consolidate disputes
27. Disclosure of documents
28. What happens if a party fails to attend proceedings in rights disputes
29. What happens if a party fails to attend proceddings in interest disputes
Part F : Applications
30. How to bring an application
31. How to apply to vary or rescind awards or rulings
32. How to refer a dismissal dispute to the Labour Court
Part G : Predismissal Arbitrations
33. How to request a pre-dismissal arbitration in terms of section 188A of the Act
Part H : General
34. Unrepresented applicants without postal addresses and fax numbers
35. Condonation for failure to comply with the Rules
36. Recordings of Council proceedings
37. How to have a subpoena issued
38. Payment of witness fees
39. Taxation of bills of cost
40. What words mean in these Rules
Schedule 1
National Bargaining Council for the Clothing Manufacturing Industry
Main Collective Agreement
Notice No. R. 1154 of 2005
Schedule
1. Scope of Application
2. Period of Operation of this Agreement
3. Special Provisions
4. General Provisions
Part A : Provisions for the Eastern Cape Region
1. Scope of Application of this Part of the Agreement
2. Period of Operation of this Part of the Agreement
3. Definitions
A - E
F - I
L - W
4. Registration of Employers
5. Employees
6. Wages
6.1 Minimum Wages
Minimum Wages (1)
Minimum Wages (2)
Minimum Wages (3)
Minimum Wages (4)
Minimum Wages (5)
Minimum Wages (6)
6.2 Off-set Period
6.3 Incremental Dates
6.4 Night Shift
6.5 Long service award
6.6 First-aid
6.7 Payment of Wages
6.8 Deductions
6.9 Overtime Rates
6.10 Incentive Bonus Scheme and/or Conveyor Belt System
6.11 Annual Bonus
7. Hours of Work
7.1 Ordinary Hours of Work
7.2 Overtime Hours
7.3 Meal and other rest intervals
7.4 Short-time
8. Leave
8.1 Annual Leave
8.2 Public Holidays
8.3 Maternity Leave
8.4 Compassionate/Paternity Leave
8.5 Sick Leave
9. Termination of Employment
9.1 Notice period
9.2 Certificate of Service
10. Outwork
11. Organisational Rights
11.1 Closed Shop
11.2 Organisation of Employees
11.3 Shop Stewards
11.4 Negotiated Plant Level Procedures
11.5 Balloting
12. Employee Benefits
12.1 Supplementary Benefits Fund
12.2 SACTWU Education Bursary Scheme
12.3 Retrenchment Benefit
12.4 SACTWU's HIV/AIDS Project
13. General Employer Obligations
13.1 Insurance of Wages
13.2 Tools
13.3 Premiums
14. Agreement
14.1 Council Funds
14.2 Exhibition of Agreement
14.3 Agents
14.4 Exemptions
A. For any business entity registered with and falling within the Council's registered scope inasmuch as it relates to the scope of this part of the Agreement
B. For any employer who is a party or a member of a party to the Council and its employees represented by a trade union representative
14.5 Existing Contracts
14.6 Dispute procedure
15. Frequency of Negotiations and Industrial Action
16. A Typical Work, Outsourcing and Subcontracting
17. Trade Union Agency Shop
18. Productivity
19. Industry Protection Fund
20. HIV/AIDS
21. Contract Employees
22. Working in Arrangements
Annexures
Annexure A : Code of Good Practice on Key Aspects of HIV/AIDS and Employment within the Clothing Manufacturing Industry of South Africa
1. Introduction
2. Objectives
3. Policy Principles
4. Application and Scope
5. Legal Framework
6. Promoting a Non-discriminatory Work Environment
7. HIV Testing, Confidentiality and Disclosure
7.1 HIV Testing
7.2 Confidentiality and Disclosure
8. Promoting a Safe Workplace
9. Compensation for Occupationally Acquired HIV
10. Employee Benefits
11. Dismissal
12. Grievance Procedures
13. Management of HIV in the Workplace
14. Assessing the Impact of HIV/AIDS on the Workplace
15. Measures to Deal with HIV/AIDS within the Workplace
16. Information and Education
Glossary
Annexure B : Productivity
Annexure C : Industry Protection Fund
Annexure D : Contract Employees
Part C : Provisions for the KwaZulu-Natal Region
1. Scope of Application of this Part of the Agreement
2. Period of Operation of this Part of the Agreement
3. Definitions
A. General Definitions
B. Definitions of the occupations, capacities and duties of employees in the Clothing Sector only
C. Definitions of the occupations, capacities and duties of employees in the Garment Kitting Sector only
4. Wages
5. Shift Allowance
6. Task-Work
7. Short-Time
8. Payment of Wages and Overtime
9. Hours of Work and Overtime
10. Public Holidays
11. Records
12. Work in the Clothing Industry
13. Proportion or Ratio of Employees
14. Annual Leave
15. Holiday Leave Benefit (Annual Bonus) Fund Account
16. Maternity Leave
17. Paternity Leave
18. Premiums for Training
19. Registration of Employers
20. Registration of Employees
21. Termination of Service
22. Disciplinary and Grievance Procedures
23. Exemptions
24. Persons under the age of 15 years
25. Council Funds
26. SACTWU Funds
27. Closed Shop and Trade Union Membership/Subscriptions
28. Access to and Organising Facilities on an Employers' Premises by the Trade Union
29. Rights of Trade Union Representatives
30. Agents
31. Exhibition of Agreement, Wage Rates and Hours of Work
32. Administration of Agreement
33. Trade Union's Representatives of the Council
34. Working Proprietors and/or Working Partners
35. Sick Benefit Fund
36. Retrenchment
37. Financial Matters
38. Dispute Procedure
39. Atypical Work and Subcontracting
40. Frequency of Negotiations and Industrial Action
41. Productivity
42. Agency Shop
43. Industry Protection Fund
44. HIV/AIDS
45. Contract Employees
46. Working in Arrangements
Annexures
Annexure A : Code of Good Practice on Key Aspects of HIV/AIDS
1. Introduction
2. Objectives
3. Policy Principles
4. Application and Scope
5. Legal Framework
6. Promoting a Non-Discriminating Work Environment
7. HIV Testing, Confidentiality and Disclosure
8. Promoting a Safe Workplace
9. Compensation for Occupationally ...
10. Employee Benefits
11. Dismissal
12. Grievance Procedures
13. Management of HIV ...
14. Assessing the Impact of HIV/AIDS ...
15. Measures to deal with HIV/AIDS ...
16. Information and Education
Glossary
Annexure B : Productivity
Annexure C : Industry Protection Fund
Annexure D : Contract Employees
Part I : Provisions for the Non-Metro Areas
1. Scope of Application
2. Period of Operation of this Part of the Agreement
3. Definitions
4. Remuneration
5. Payment of Remuneration
6. Information Concerning Remuneration
7. Deductions and Other Matters Concerning Remuneration
8. Hours of Work and Overtime
9. Night Work
10. Compressed Working Week
11. Averaging Hours of Work
12. Payment for Work on a Sunday
13. Public Holidays
14. Annual Leave
15. Sick Leave
16. Maternity Leave
17. Family Responsibility Leave
18. Piece-Work
19. Commission Work
20. Prohibition of Employment
21. Termination of Contract of Employment
22. Severance Pay
23. Certificate of Service
24. Uniforms, Overalls and Protective Clothing
25. Attendance Register
26. Written Particulars of Employment
27. Log Book
28. Keeping of this Part of the Agreement
29. Registration of Employers
30. Registration of Employees
31. Exemptions
32. Council Funds
33. Agents
34. Dispute Procedure
35. Trade Union Access to Workplace
36. Deduction/Payment of Trade Union Subscriptions of Levies
37. Trade Union's Representatives on the Council
38. Disputes in Regard to Organisational Rights
39. Terms and Conditions more Favourable
40. Frequency of Negotiations and Industrial Union
41. Atypical Work, Outsourcing and Subcontracting
42. Provident Fund Contributions
43. Industry Protection Fund
44. HIV/AIDS
45. Contract Employees
46. Closed Shop
47. Working in Arrangements
Annexures
Annexure A
1. Introduction
2. Objectives
3. Policy Principles
4. Application and Scope
5. Legal Framework
6. Promoting a Non-Discriminatory Work Environment
7. HIV Testing, Confidentiality and Disclosure
8. Promoting a Safe Workplace
9. Compensation for Occupationally Acquired HIV
10. Employee Benefits
11. Dismissal
12. Grievance Procedures
13. Management of HIV in the Workplace
14. Assessing the Impact of HIV/AIDS on the Workplace
15. Measures to Deal with HIV/AIDS within the Workplace
16. Information and Education
Glossary
Annexure C : Industry Protection Fund
Annexure D : Contract Employees
Consolidated Provident Fund Collective Agreement
KwaZulu-Natal
Notice No. R. 1516 of 1998
Schedule
1. Scope of Application
2. Period of Operation of Agreement
3. Definitions
4. Provident Fund
5. Establishment and Functions of ...
6. Contributions
7. Finance
8. Payment of Benefits
9. Amount of Benefit
10. Declaration of the Annual Rate of ...
11. Housing and Mortgage Loans
12. Benefits not to be Ceded or Assigned
13. Dissolution of the Fund
14. Agents
15. Exemptions
A. For any business entity registered with...
B. For any employer who is a party or...
16. Indemnity
17. Exhibition of Agreement
18. Dispute Procedure
19. Transfers
20. Frequency of Negotiations ...
National Bargaining Council for the Electrical Industry of South Africa
Renewal of Period of Operation of the National Pension and Provident Funds Collective Agreement
Notice No. R. 515 of 2012
Extension of Consolidation of Collective Agreement to Non-parties
Notice No. R. 485 of 2013
Schedule
Part I
1. Scope of application
2. Period of Operation
3. Exclusions
4. Industrial Action
5. Definitions
6. Levels of Bargaining
7. Days and Hours of Work
8. Refreshments Break
9. Overtime and payment for work on Sundays and Public Holidays
10. Night Work
11. Keeping of Records
12. Short Time
13. Inclement Weather
14. Civil Disorder
15. Payment of Remuneration and Deductions
16. Annual Leave and Annual Shutdown
17. Additional Paid Leave
18. Family Responsibility Leave
19. Maternity Leave
20. Trade Union Representatives' Leave
21. Sick Leave
22. Proof of Incapacity
23. Injury-on-Duty Allowance
24. Extension of Insurance Cover for Injury on Duty
25. Payment for Public Holidays
26. General Control
27. Termination of Employment and Severance Pay
28. Transfer of Contract of Employment
29. Interest
30. Trade Union Subscriptions and Employers' Organisation Levy
31. Benefit Funds
32. Closing of Establishment on an Ordinary Working Day
33. Registration of Employers and Employees
34. Limited Duration Contracts
35. Training of Employees
36. Outwork
37. Piecework and Incentives
38. Employment of Persons under 15 years of age
39. HIV Policy
40. Prohibition of Contract Work on a Labour-only basis
41. Temporary Employment Services
42. Prohibition of Cession and/or Set-off
43. First-Aid
44. Certificate of Service
45. Storage, Insurance and Provision of Tools
46. Administration of Agreement
47. Designated Agents
48. Trade Union Access
49. Exemptions
50. Negotiating Procedures
51. General Rules Governing Conciliations and Arbitrations Conducted under the Auspices of the Council
52. Resolution of Disputes
53. Enforcement of the Main Collective Agreement
54. General
Addendum 1
Pro Forma Limited Duration Contract of Employment Guideline
Part II
1. Allowances
2. Expenses of the Council
3. Wages and/or Earnings
4. Schedule of Wages and/or Earnings
5. Guaranteed Minimum Increases and Off-Set
6. Leave Bonus
7. Offices and Contact Details of the National Bargaining Council for the Electrical Industry of S.A.
National Pension and Provident Funds Collective Agreement
Schedule
1. Scope of Application
2. Period of Operation of Agreement
3. Definitions
4. Registration of Employers
5. Designated Agents
6. Exhibition of Agreement
7. Pension and Provident Funds (Regions A, A1, A2 and B only)
7. Pension Fund (Region C only)
8. Pension and Provident Funds (Region D only)
9. Exemptions
11. Interpretation, Application or Enforcement
12. Conciliation
Bargaining Council for the Hairdressing Trade
Cape Penninsula
Main Collective Agreement
Notice No. R. 550 of 2013
Schedule
1. Scope of Application
2. Period of Operation of Agreement
3. Exceptions
4. Wages
5. Commission
6. Payment of Wages and Authorised Deductions
7. Hours of Work
8. Overtime
9. Meal Interval
10. Short Time
11. Public Holidays
12. Sundays
13. Annual Leave
14. Sick Leave
15. Maternity Leave
16. Family Responsibility Leave
17. Termination of Service
18. Severance Pay
19. Transfer of Contract of Service
20. Certificate of Service
21. Outwork
22. Exemption and Appeal Criteria
23. Administration
24. Designated Agents and Enforcement of Collective Agreement
25. Council Levies
26. Failure to make Payments to the Council
27. Registration of Employers and Employees
28. Exhibition of Agreement
29. Membership
30. Trade Union Representatives on the Council
31. Collection of Membership Fees for Trade Union and Employers' Organisation
32. Control of Premises
33. Provision of Equipment
34. Agency Shop
35. Sick Benefit Fund
36. Sick Pay Fund
37. Medical Aid Scheme and Medical Insurance Plan
38. Provident Fund
39. Resolution of Disputes
40. Written Particulars of Employment
41. Definitions
Pretoria
Main Collective Agreement
Notice No. 112 of 2013
Schedule
1. Scope of Application of Agreement
2. Period of Operation
3. Definitions
4. Registration by Employers
5. Salary
6. Payment of Wages and Authorized Deductions
7. Meal Interval
8. Hours of Work
9. Overtime
10. Payment for Work on Sunday
11. Public Holidays
12. Annual Leave and Payment
13. Sick Leave
14. Maternity Leave
15. Family Responsibility Leave
16. Outwork
17. Termination of Service
18. Records to be kept by Employers
19. Exemptions
20. Exemption Criteria
21. Independent Body
22. Expenses of the Council
23. Penalty
24. Exhibition of Agreement
25. Designated Agent(s)
26. Securing an Undertaking
27. Compliance Order
28. Limitations
29. Objections to Compliance Order
30. Referral of Compliance Order to Arbitrations
31. Consolidation of Proceedings
32. Payment of Interest
33. Proof of Compliance
34. Membership
35. Trade Union Representative on the Council
36. Monies payable to Employers Organisation and Trade Union
36A. Agency Fee
36B. Bargaining Levy
37. Control of Premises
38. Provision of Equipment
39. Ultra Vires
40. Letter of Appointment
41. Prohibition of Employment
42. Transfer of Contract
42A. Transfer of Contract of Employment in Circumstances of Insolvency
42B. Disclosure of Information concerning Insolvency
43. Medical Fund
44. Pension Fund
45. Interpretation of Agreement
46. Resolution of Disputes
47. Dissolution of Council
Annexures
Annexure A : Monthly Return by Employer
Annexure B : Payslip
Annexure C : Certificate of Service
Annexure D : Contract of Employment
Annexure E : Registration Form
Annexure F : Employee Registration Form
Annexure G1 : Exemption Application Form for Contributions
Annexure G2 : Exemption Application to Pension Fund
Annexure H : Salary Scales for Hairdressing 2013 : Pretoria and Wonderboom (40 hours)
Annexure I : Salary Scale for Hairdressing 2013 : Kungwini (Bronkhorstpruit) District Municipalities (45 hours)
Annexure J : Salary Scales Fort Beauty 2013 : January 2013 to December 2013 : Pretoria (40 hours)
Annexure K : Salary Scales for Beauty 2013 : Pretoria and Wonderboom (45 hours)
Annexure L : Salary Scales for Beauty 2013 : Kungwini (Bronkhorstpruit) District Municipalities (45 hours)
Annexure M
Semi-National
Main Collective Agreement
Notice No. R.355 of 2013
Schedule
1. Scope of Application of Agreement
2. Period of Operation of Agreement
3. Definitions
4. Sector and Area
5. Prohibition of Certain Acts
6. Application for Registration of Establishment
7. Control of Premises
8. Training Contracts
9. Security of Employment
10. Part-Time Employees
11. Commission Agreements
12. Payment of Remuneration or Basic Salary or Wages
13. Records to be kept by an Employer
14. Hours of Work
15. Public Holidays
16. Leave
17. Sick Pay
18. Contract of Employment
19. Termination of Service
20. Severance or Retrenchment Pay
21. Certificate of Service
22. Expenses of the Council and Subscriptions
23. Prohibition of Private Work
24. Procedure for Disputes, including Pre-Dismissal Arbitration
25. Strikes and Lock-Outs
26. Administration of this Agreement
27. Designated Agents
28. Provision of Equipment
29. Uniforms and Protective Clothing
30. Exemptions (Appeals)
31. Enforcement of Collective Agreements
32. Agency Shop: Employers' Organisations
33. Agency Shop: Employees' Organisation
34. Pension Fund
Annexures
Annexure A
Annexure B
Annexure B1
Annexure C
Annexure D
Annexure E
Annexure F
Salaries Annexure AA
Salaries Annexure BB
Salaries Annexure CC
Salaries Annexure DD
Salaries Annexure EE
Salaries Annexure FF
Salaries Annexure GG
Contribution Schedule Annexure HH
Contribution Schedule Annexure II
Contribution Schedule Annexure JJ
Contribution Schedule Annexure KK
Contribution Schedule Annexure LL
Contribution Schedule Annexure MM
Contribution Schedule Annexure NN
Bargaining Council for the Metal and Engineering Industries
Main Collective Agreement
Notice No. R. 748 of 2011
Part 1 : Conditions of Employment
1. Scope of Application of Agreement
2. Period of Operation of Agreement
Special Provisions
General Provisions
3. Definitions
4. Hours of Work
5. Overtime and Payment for Work on Sundays
6. Shift Work
7. Short-Time
8. Payment of Earnings
9. Maternity Leave or Leave i.r.o. the Adoption of a Child under Two Years of Age
10. Incentive Bonus Work
11. Payment for Public Holidays
12. Leave Pay
13. Additional Paid Leave
14. Leave Enhancement Pay (L.E.P.)
15. Special Leave Pay and Leave Enhancement Pay Provisions
16. Annual Shutdown
17. Allowances
18. Termination of Employment
19. Employment of Juveniles and Issue of Certificates, Etc.
20. Outwork, Temporary Employment Services and Limited Duration Contracts
21. Employment of Persons under 15 Years of Age
22. Insurance of Tools
23. Exemptions
24. Exhibition of Agreement
25. Manufacturing Certificates
26. Administration of Agreement
27. Working Partners
28. Agents
29. Injury on Duty Allowance
30. Unauthorised Employment
31. Prohibition of Cession and/or set-off
32. Certificate of Service
33. Technological Changes and Work Reorganisation
34. Paid Sick Leave
35. Security of Employment and Severance Payment
36. Procedures for the Negotiation of Agreements and Settlement of Disputes
37. Levels of Bargaining in the Industry
38. Working-In Time Arrangements
39. Standby and Call-Out Arrangements
40. Productivity Bargaining
41. Employee Share Option Participation Schemes (ESOPS) and the Requirements of the Broad Based Black Economic Empowerment Act (BBBEE ACT)
42. Family Responsibility Leave
43. Code of Good Practice on Key Aspects of HIV/AIDS and Employment
44. Attendance of Worker Representatives on National and Regional Committees of the Bargaining Council
45. Special Provisions Limited to Construction Sites Covered by Project Labour Agreements
46. Time Off for the Training of Shop Stewards and for Trade Union Office Bearers to Attend Union Meetings
47. Time Off for Representatives of Party Trade Unions who Act as Trustees of the Industry Benefit Funds or who are Office Bearers of the MERSETA, Metal and Plastic Chamber
48. Employee Training
49. Industry Policy Forum
Part 2
1. Wages and/or Earnings
2. Allowances
3. Wage Tables
3(a). Wage Table
3(b). Wage Table
3(c). Wage Table
3(d). Wage Table
3(e). Wage Table
3(f). Wage Table
4. Technical Schedules
Schedule G
Section (a): General
Wage Rates Applicable to Operations Scheduled in Schedule G are Prescribed in Clause 3(a) of Part II of this Agreement
(i) Learners
(ii) Juveniles
(iii) Cranes and hoists
(iv) Vehicle driving-external transport including forklift driving
(v) Locomotive driving
(vi) Stationary engines
(vii) Pupil engineers and/or approved students
(viii) Watchman's work
(ix) Electrolytic Finishing
(x) Vitreous enamelling
(xi) Machine engraving
(xii) Metal and/or ceramic spraying
Section (b): Electrical engineering (installation/maintenance/repair in the Provinces of the Transvaal and Natal)
Section (c): Saw doctoring and/or sharpening and/or reconditioning and/or repairing all types of cutting tools (excluding machine tools)
Section (d): Structural engineering
Instrumentation Work
Rigging
Mechanical and General Structural Work
Electrical Work
Welding
Section (e): Fibre-glass boatbuilding
Section (f): Pattern-Making
Section (g): Metal service centres
Section (h): Electronics and/or Telecommunication Division
Section (i): Radio, Television, Refrigeration and Related Equipment and Domestic Electrical Appliances Section (installation, repair and servicing)
Section (j): Stores operations
Schedule M
Wage Rates Applicable Operations Schedules in Schedule M are Prescribed in Clause 3(a) of Part II of this agreement
I. Machining operations
II. Forming and/or bending and/or press-brake operations
III. Cutting and punching operations
IV. Drilling operations
V. Welding and soldering operations
VI. Miscellaneous operations
VII. Inspecting and checking operations
VIII. Stores Operations
Schedule D
Division D/O
Light Fabricating and/or Light Manufacturing Division (N.E.S.)
Wage Rates Applicable to Operations Scheduled in Division D/O are Prescribed in Clause 3(a) of Part II of this agreement
Section (a): General
Section (b): Precision engineering and cutting tool manufacture
Division D/1
Agricultural Implement and/or irrigation Machinery (including Windmills) and/or Engines Manufacturing, Erecting and Assembling Division
Wage Rates Applicable to Operations Scheduled in Division D/1 are prescribed in Clause 3(a) of Part II of this agreement
Division D/2
Chain Manufacturing Division
Wage Rates Applicable to Operations Scheduled in Division D/2 are prescribed in Clause 3(a) of Part II of this agreement
Division D/3
Cycle Manufacturing Division
Wage Rates Applicable to Operations Scheduled in Division D/3 are Prescribed in Clause 3(a) of Part II of this agreement
Section (a): General
Section (b): Plastics operations
Division D/4
Edge Hand and/or Small Tools...
Wage Rates Applicable to Operations...
Division D/5
Press Knife and Cutter and Footwear Tack...
Wage Rates Applicable to Operations...
Division D/6
Foundry and/or Castings Division
Overriding Provisions
Wage Rates Applicable to Operations...
Division D/7
Gate and Fence Manufacturing Division
Wage Rates Applicable to Operations...
Section (a) - Manufacturing of fencing...
Section (b) - Miscellaneous manufacturing
Division D/8
Industrial Fasteners Manufacturing Division
Wage Rates Applicable to Operations...
Vehicle and Forklift Driving
Division D/9
Lead Products Manufacturing Division
Wage Rates Applicable to Operations...
Division D/10
Manufacture of Carbon Products Division
Wage Rates Applicable to Operations...
Division D/11
Electrical Element Manufacture Division
Wage Rates Applicable to Operations...
Division D/12
Windows and/or Doors and/or Flyscreens...
Wage Rates Applicable to Operations...
Learnership periods and rates of pay therefor
Division D/13
Neon Signs and/or Electric...
Wage Rates Applicable to Operations...
Division D/14
Conversion of Plastic Polymer...
Wage Rates Applicable to Operations...
Division D/15
Spring Manufacturing Division
Wage Rates Applicable to Operations...
Division D/16
Steel Reinforcement Division
Wage Rates Applicable to Operations...
Division D/17
Tungsten Carbide Tipped Drilling Equipment...
Wage Rates Applicable to Operations...
Division D/18
Wire Drawing and/or Working...
Wage Rates Applicable to Operations...
Section (a): Wire drawing
Section (b): Wire drawing die manufacture
Section (c): Wire working and/or weaving...
Division D/19
Wire and Rope Manufacturing Division
Wage Rates Applicable to Operations...
Section (a): Cable stranding plant
Section (b): Fibre core making plant
Section (c): Wire drawing plant
Section (d): Wire drawing die manufacture
Section (e): Wire galvanizing plant
Section (f): Wire rope making plant
Section (g): Wire rope splicing plant
Section (h): Drum-making plant
Section (i): Miscellaneous
Division D/20
Tube and/or Pipe Manufacturing Division
Wage Rates Applicable to Operations...
Division D/21
The Manufacture, Including Remanufacture...
Wage Rates Applicable to Operations...
Division D/22
Sheetmetal Manufacturing Division
Wage Rates Applicable to Operations...
Section (a): General
Section (b): Hollowware manufacturing operations
Section (c): Woodworking operations...
Division D/23
Electronic, Radio Communications...
Wage Rates Applicable to Operations...
Training Periods and Rates of Pay Therefor
Division D/24
Tungsten Carbide Tool Manufacture Division
Wage Rates Applicable to Operations...
Division D/25
Motor Vehicle Parts and Components...
Wage Rates Applicable to Operations...
Division D/26
Elevator and/or Escalator Manufacturing Division
Wage Rates Applicable to Operations...
Division D/27
Locomotive Manufacturing Division
Wage Rates Applicable to Operations...
Section (a): Electrical work and related activities
Section (b): Mechanical work and related activities
Section (c): Painting and related activities
Section (d): Woodworking and related activities
Division D/28
Railway Wagon Manufacturing
Wage Rates Applicable to Operations...
Section (a): Electrical work and related activities
Section (b): Mechanical work and related activities
Division D/29
Electrical Engineering (N.E.S.) Division
Wage Rates Applicable to Operations...
Section (a): Transformers
Section (b): Motors
Section (c): Switchgear and accessories
Section (d): Field work
Section (e): General electrical
Section (f): General mechanical
Division D/30
Bright Bar Manufacturing Division
Wage Rates Applicable to Operations...
Division D/31
Forging Division
Wage Rates Applicable to Operations...
Section (a): Closed-Die Forging (Closed-Impression Forging)
Section (b1): Open-Die Forging on Hammers
Section (b2): Open-Die Press Forging
Division D/32
Radio, Television and Related Equipment...
Wage Rates Applicable to Operations...
Division D/33
Metal Container Manufacturing
Vehicle Driving-External Transport...
Cranes and Hoists
Stores Operations
Schedule E/1
Coaching Stock Division
Wage Rates Applicable to Operations...
Section (a): Electrical work and related activities
Section (b): Mechanical work and related activities
Section (c): Woodworking and related activities
Section (d): Painting and related activities
Division E/2
Burglar and Other Similar...
Wage Rates Applicable to Operations...
Section (a): Manufacturing Section
Section (b): Installation Work
Section (c): Standby duty for employees...
Schedule E/3
Industrial Refrigeration and Air-Conditioning Industry Division
Wage Rates Applicable to Operations Scheduled in Schedule E/3 are Prescribed in Clause 3(a) of Part II of this agreement
Section (a) - Manufacture and Fabrication. (Shopwork)
Section (b): Installation Section
Subsection (b)(i): General
Subsection (b)(ii): Piping
Subsection (b)(iii): Ductwork
Subsection (b)(iv): Insulation
Subsection (b)(v): Electrical
Subsection (b)(vi): Pneumatic
Schedule F
Manufacture and/or Remanufacture of Electrical Cable and/or Electrical Conductors (Excluding Busbars)
Wage Rates Applicable to Operations Scheduled in Schedule F are Prescribed in Clause 3(d) of Part II of this agreement
Section (a): Exceptions
Section (b): Employment at Group Z work
5. Annexures
Annexure A
Security of Employment and Severance Pay
1. Retrenchments and/or Redundancies
2. Procedure A
3. Procedure B
2. Lay-offs
3. Limited duration contracts of employment
Contract of Employment
Annexure B
Five-Grade Job and Wage Structure
Annexure C
The Skills Definitions Accompanying...
Annexure D
Productivity Bargaining
Annexure E
Employee Share Option Participation Schemes...
Annexure F
Code of Good Practice...
1. Introduction
2. Objectives
3. Policy Principles
4. Application and Scope
5. Legal Framework
6. Promoting a Non-Discriminatory Work Environment
7. HIV Testing, Confidentiality and Disclosure
8. Promoting a Safe Workplace
9. Compensation for Occupationally Acquired HIV
10. Employee Benefits
11. Dismissal
12. Grievance Procedures
13. Management of HIV in the Workplace
14. Assessing the Impact of HIV/AIDS...
15. Measures to Deal with HIV/AIDS...
16. Information and Education
Glossary
Annexure G
Attendance of Worker Representatives...
Annexure H
Construction Sites Covered...
1. General provisions:
2. Inclement weather
3. Retirement benefit funds:
Annexure I
Industry Policy Form
1. Preamble
2. Definition and objectives
3. Terms of reference
4. Composition, Meetings and timeframes
5. Resourcing and research capacity
6. Dispute resolutions
Bargaining Council for the Motor Ferry Industry
Main Collective Agreement
Notice No. R.356 of 2013
Schedule
1. Scope of Application
2. Period of Operation of Agreement
3. Definitions
4. Registration of and Particulars to be Furnished by Employers
5. Wages
6. Allowances
7. Payment of Remuneration
8. Hours of Work
9. Rest Days for Longhaul Carrier Drivers
10. Further Specific Provisions for Long Distance Carrier Drivers
11. Short Time
12. Leave
13. Family Responsibility Leave
14. Sick Leave
15. Sangoma Leave
16. Maternity Leave
17. Study and Examination Leave
18. Vacancies and Promotion
19. Provident Fund
20. 13th Cheque
21. Tax Deduction 13th Cheque
22. Termination of Employment
23. Payment Instead of Notice
24. Severance Pay
25. Expenses of the Council
26. Exemptions by the Council
27. Exhibition of Agreement and Notices
28. Agents to the Council
29. Medical Scheme
30. Study Grant Scheme
31. Dishonoured Cheques
32. Enforcement/Legal Costs
33. Time and Wage Registers
34. Interest Clause
35. Professional Driving Permit
36. Participation in Transport Education and Training Authority
37. Cross Border Expediting Fees
38. Levels and Procedure for Bargaining in the Industry
39. Resolution of Disputes
Annexures
Annexure 1
Annexure 2
Annexure 3
Annexure 4
Annexure 5
Variation of Scope
Notice No. 1054 of 2012
Annexure
Bargaining Council for the Motor Industry
Main Collective Agreement
Schedule
Division A : Provisions Applicable to all Establilshments in the Industry
Clause 1 : Preamble
Clause 2 : Scope of Application and Definitions
2.1 Scope of Application
2.2 Definitions
Definitions (A)
Definitions (B)
Definitions (C)
Definitions (D - F)
Definitions (G)
Definitions (H - L)
Definitions (M)
Definitions (N - O)
Definitions (P - Q)
Definitions (R)
Definitions (S)
Definitions (T - V)
Definitions (W)
Clause 3 : Particulars of Employment and Remuneration
3.1 Presumptions
3.2 Letter of Appointment
3.3 Change in Conditions of Employment
3.4 Prohibited Employment
3.5 Casual Employees
3.6 Fixed Term Contract
3.7 Temporary Employment Service
3.8 Payment of Earnings
3.9 Differential Rates of Wages and Employment on Journeyman's Work
3.10 Piece Work
3.11 Commission Work
3.12 Stand-By and Call-Out Allowances
3.13 Travelling Allowances
Clause 4 : Regulation of Working Hours
4.1 Hours of Work
A. Division B employees
B. All other employees
4.2 Overtime
A. Division B employees
B. All other employees
4.3 Sunday Work
A. Division B employees
B. All other employees
4.4 Shift Work
4.5 Night Work
4.6 Short-Time
4.7 Special Provisions relating to Watchmen
Clause 5 : Leave
5.1 Annual Leave and Accrued Leave Pay
(1) Definitions
(2) Annual Leave
(3) Commencement of annual leave
(4) Calculation of annual leave
(5) Public Holiday falling within annual leave
(6) Prohibition relating to annual leave
(7) Deductions from leave pay
(8) Outstanding leave on termination of services
(9) Accrued Leave Pay
(10) Leave pay on closing of establishment once a year
5.2 Sick Leave
5.3 Maternity Leave
5.4 Family Responsibility Leave
Clause 6 : Additional Holiday Pay & Holiday Bonus
6.1 Holiday Bonus
6.2 Additional Holiday Pay : Applicable only to Grade 7 & 8 Employees
6.3 Additional Holiday Pay for Apprentices
Clause 7 : Termination of Employment
7.1 Termination of Service
7.2 Suspension of Employees
7.3 Retrenchment Pay
7.4 Desertion
7.5 Certificate of Service
Clause 8 : Enforcement
8.1 Exemptions
8.2 Exemption Board
8.3 Resolution of Disputes
Clause 9 : General
9.1 Outwork
9.2 Driving of Motor Vehicles
9.3 Damage to Vehicles and/or Loss of Property and/or Assets
9.4 Supply of Overalls and Garments
9.5 Supply of Tools
9.6 Public Holidays
Division B
Clause 1 : Scope of Application
Clause 2 : Wages
(1) - Minimum wages
(2) - Wage Schedules
(2)(a) - Wage Schedules
(2)(b) - Wage Schedules
(2)(c) - Wage Schedules
Division C
Chapter I
Clause 1 : Scope of Application
Clause 2 : Wages
3(a) Wage Schedules
3(b) Wage Schedules
3(c) Wage Schedules
Clause 3 : Ratio
Chapter II : Vehicle Body Building Establishments
Clause 1 : Scope of Application
Clause 2 : Wages
3(a) Wage Schedules
3(b) Wage Schedules
3(c) Wage Schedules
Clause 3 : Employees/Ratio
Chapter III : Manufacturing Establishments
Clause 1 : Scope of Application ...
Clause 2 : Wages
(8)(a) Wage Schedules
(8)(b) Wage Schedules
(8)(c) Wage Schedules
Clause 3 : Employees
Chapter IV : Automotive Engineering Establishments
Clause 1 : Scope of Application ...
Clause 2 : Wages
(3)(a)
(3)(b)
(3)(c)
Clause 3 : Employees
Chapter V : Reconditioning Establishments
Clause 1 : Scope of Application ...
Clause 2 : Wages
(5)(a)
(5)(b)
(5)(c)
Clause 3 : Employees
Division D : Special Provisions relating to Sectors
Clause 1 : Scope of Application
Clause 2 : Defintions
Clause 3 : Guaranteed Wages Increases
(1) Guaranteed Wage Increases
(1)(i)A.
(1)(ii)A.
(1)(iii)A.
(1)(iv)B.
(1)(v)B.
(1)(vi)B.
(1)(vii)C.
(1)(viii)C.
(1)(ix)D.
(1)(x)D.
(1)(xi)D.
(1)(xii)E.
(1)(xiii)E.
(1)(xiv)E.
(2) Minimum wage Sector 6
(3) Minimum wage Sector 6 (continued)
(4) Minimum wage Sector 6 (continued)
Clause 4 : Payment of Earnings
Clause 5 : Ratio Provisions
Annexures
Annexure A
Annexure B
Annexure C
Annexure D
Mandatory Tools and Equipment required for Accreditation as a Suspension Fitment Centre/Workshop
National Bargaining Council For The Road Freight And Logistics Industry: Extension to Non-Parties of the Main Collective Agreement
Notice No. R4 of 2012
Main Collective Agreement
Part 1 : Application and Duration of Agreement
1. Application of Agreement
2. Duration of Agreement
Part 2 : Hours of Work
3. Ordinary hours of work
4. Working Days
5. Meal and rest intervals
6. Daily rest period
7. Emergency services
8. Compressed working week
9. Averaging of hours of work
10. Limitation of overtime work
11. Overtime work
12. Time off in lieu of overtime payment
13. Calculation of overtime
14. Sunday work
15. Work on public holidays
16. Night work
17. Overall limitation of hours of work
Part 3 : Leave
18. Annual Leave
19. Sick and Absence Fund
20. Inability to work due to an occupational accident or disease
21. Study leave
22. Family responsibility leave
23. Maternity leave
Part 4 : Benefit Funds
24. Continuation of benefit funds
25. General provisions on contributions to benefit funds and
26. General provisions on the administration of benefit funds
27. Winding-up of benefit funds
28. Administrative provisions on payments out of the Leave Pay Fund
29. Leave Pay Fund
30. The Holiday Pay Bonus Fund
Part 5 : Remuneration
31. Payment of remuneration for employees other than relief employees
32. Prohibited directives and deductions
33. Wages
34. Differential wages
35. Incentive work
36. Subsistence and Cross Border Allowance
37. Deductions for loss or damage
38. Deductions for debts to third parties
39. Other deductions
Part 6 : Termination of Employment
40. Notice and payment in lieu of notice
41. Documents to be furnished to an employee on termination
42. Severance pay
43. Payment for accrued leave not taken
44. Retrenchment procedure
Part 7 : Employers' Obligations
45. Registration of and particulars to be furnished by employers
46. Employers to be in possession of the following documents
47. Uniforms and protective clothing
48. Subcontracting
49. Employee representative on the Council
50. Registers
51. Daily logbook
52. Exhibition of Agreement and notices
53. Monthly returns
Part 8 : Collective Bargaining
54. Trade union subscriptions
55. Employers' organisation subscriptions
56. Bargaining unit
57. Levels of bargaining
Part 9 : Prohibited Employment
58. Prohibition of employment
Part 10 : Provisions applicable to particular categories of employees
59. Drivers
60. HAZCHEM employees
61. Part-time employees
62. Relief employees
63. Seasonal workers (sugar transport sector)
64. Short-time in the Furniture Removal Sector
65. Provisions applicable to the CIT sector
66. Employees of temporary employment services
67. Temporary employees of temporary employment services
Part 11 : Administration of Agreement
68. Administration of Agreement
69. Expenses of the Council
70. Dishonoured cheques
71. Enforcement of Agreement
72. Interest
73. Agents to the Council
74. Exemptions by the Council
75. Resolution of disputes
Schedules
Schedule 1: The Geographical Scope of the Main Agreement
Schedule 2: Definitions
Schedule 3: Monthly Return
Schedule 4: Wellness Fund
Schedule 5: Remuneration And Other Monetary Benefits
Schedule 6: Prescribed Forms
Prescribed forms
Annexure A.1 : Statement of registration with Council
Annexure A.2 : Certificate of Registration
Annexure A.3 : Certificate of service
Annexure A.4 : Monthly return of levies and funds to Council
Annexure A.5 : Pro-rata entitlement advice voucher
Annexure A.6 : Annual payment voucher
Annexure A.7 :Notice of termination of employment
Annexure A.8 : Application for Sick Leave Benefit
National Bargaining Council of SA Leather Industry
Extension to Non-Parties Tanning Section Collective
Notice No. R. 886
1. Scope of Application of Agreement
2. Date and Period of Operation
3. Clause 7 - Remuneration
Schedule 1: Wages and Wage Rates
Extension to Non-Parties General Goods and Handbag Section
Notice No. R. 885
1. Clause 1 - Scope of Application of Agreement
2. Clause 2 - Date and Period of Operation
3. Clause 13 - Organisational Rights
4. Clause 28 - Agency Shop Agreement
5. Annexure C Wages
1. Wage Rates
2. Proportion and Ratio of Employees
Extension of Period of Operation-Footwear Section
Notice No. R. 411 of 2012
National Bargaining Council of SA Leather Industry
Bargaining Council for the South African Road Passenger (SARPBAC)
Main Collective Agreement
Schedule
1. Scope of Application and Period of Agreement
2. Definitions
3. Across the Board Increase
4. Minimum Basic Wage
5. Job Titles, Grades, Minimum Hourly Rates
6. Ordinary Hours of Work and Overtime
7. Scheduling of Work
8. Training
9. Subsistence and Travel Allowance
10. Night-Shift Allowance
11. Tool Allowance
12. Cross Border Expenses and Allowances
13. Part Time Adult Basic Education and Training Instructors
14. Professional Driving Permit/License
15. Legal Assistance
16. Annual Leave
17. Sick Leave
18. Informing Employer of Absence and Proof of Incapacity
19. Leave for Terminally Ill Employees
20. Maternity Leave
21. Family Responsibility Leave
22. Study Leave
23. Retirement Fund Contribution Rate
24. Bonus
25. Contract Penalties
26. Retrenchment/Severance Package
27. Contract Employees
28. Fare Increases
29. Trade Union National Retirement Funds
30. Status Quo
31. Prohibition of Employment
32. Notice of Termination of Contract
33. Certificate of Service
34. Keeping of Records
35. Payment of Remuneration
36. Designated Agents
37. Applications for Exemption and Appeals against Decisions to the Exemption Panel
38. Dispute Procedure
39. Levies
40. Exemption Fee
41. Administration of Agreement
42. Application of Agreement
Annexures
Annexure A
Annexure B
1. Dispute
2. Dispute Resolution Agency
3. Dispute Resolution Panels
4. Referral of Disputes
5. Time Periods
6. Condonation for Late Referral
7. Serving of Documents on Parties
8. Lodging Documents with SARPBAC
9. Representation at Dispute Proceedings
10. Joining of Parties to Proceedings
11. Correcting the Citation of a Party
12. Consolidation of Disputes
13. Disclosure of Documents
14. Failure to Attend Proceedings
15. Unrepresented Applicants without Contact Details
16. Recordings of Dispute Proceedings
17. Issuing of a Subpoena
18. Conciliation of Disputes of Interest
19. Conciliation/Arbitration of Disputes of Right
20. Pre-Arbitration Conference
21. Postponement of Proceedings
22. Arbitration of Disputes
23. Peace Obligation
Annexure C
Rules Retirement Fund (Provident)
Certificate in Accordance with Regulation 18
Certificate by a Valuator in Support of an Application for Exemption
Establishment and Object of the Fund
Definitions
Schedule to the Rules
Section A
Rule A 1 - Membership
Rule A 2 - Contributions
Rule A 3 - Withdrawal Benefit
Rule A 4 - Retirement Benefit
Rule A 5 - Death Benefit
Rule A 6 - Disability
Section B
Rule B 1 - Management of the Fund
Rule B 2 - General Provisions Concerning Benefits
Rule B 3 - Dissolution of the Fund
National Textile Bargaining Council
Extension to Non-Parties of the Main Collective Amending Agreement
Part 1: A : Application
1. Scope of Application
2. Period of Operation
Part 2
Annexure C : Woven, Crochet & Knitted Narrow Fabric Subsector
A. Application
3. Clause 1: Scope Of Application
B : Remuneration
4. Clause 4: Minimum Wages
5. Clause 10: Temporary Employees
H : General
6. Clause 49: Other Conditions of Employment
Annexure D : Manufactured Fibres Subsector
A. Application
7. Clause 1: Scope of Application
B. Remuneration
8. Clause 4: Minimum Wages
Annexure E : Carpets Subsector
A. Application
9. Clause 1: Scope of Application
B. Remuneration
10. Clause 4: Minimum Wages
Annexure F : Wool and Mohair Section
A. Application
11. Clause 1: Scope Of Application
B. Remuneration
12. Clause 4: Minimum Wages
E. Employee Benefits
13: Clause 29: HIV/AIDS
H. General
14: Clause 52: Skills Training
Annexure G : Worsted Section
A. Application
15. Clause 1: Scope of Application
B. Remuneration
16. Clause 4: Minimum Wages
17. Clause 6: Shift Allowance
Annexure H : Woven Cotton Textile Products Subsector
A. Application
18. Clause 1: Scope of Application
B. Remuneration
19. Clause 4: Minimum Wages
20. Clause 10: Temporary Employees
C. Hours of Work
21. Clause 19: Short Time
Annexure I : Home Textiles Section
A. Application
22. Clause 1: Scope of Application
B. Remuneration
23. Clause 4: Minimum Wages
C. Hours of Work
24. Clause 15: Overtime
25. Clause 19: Short Time
Annexure J : Blankets Section
A. Application
26. Clause 1: Scope of Application
B. Remuneration
27. Clause 4: Minimum Wages
H. General
28. Clause 49: Other Conditions of Employment
29. Clause 42: Trade Union Agency Shop
30: Clause 52: Skills Training
Annexure K : Non Woven Textiles Subsector
A. Application
31. Clause 1: Scope of Application
B. Remuneration
National Bargaining Council for the Wood and Paper Sector
Extension of Period of Operation
Commencement of the Labour Relations Amendment Act, 2018
Notice No. R.1377 of 2018
Codes of Good Practice
Key Aspects of HIV/Aids and Employment
Code of Good Practice on Key Aspects of HIV/Aids and Employment
1. Introduction
2. Objectives
3. Policy Principles
4. Application and Scope
5. Legal Framework
6. Promoting a Non-Discriminatory Work Environment
7. HIV Testing, Confidentiality and Disclosure
8. Promoting a Safe Workplace
9. Compensation for Occupationally Acquired HIV
10. Employee Benefits
11. Dismissal
12. Grievance Procedures
13. Management of HIV in the Workplace
14. Assessing the impact of HIV/Aids on the Workplace
15. Measures to deal with HIV/Aids within the Workplace
16. Information and Education
Glossary
Dismissal based on Operational Requirements
Dismissal based on Operational Requirements
Schedule
Picketing
Code of Good Practice on Picketing
1. Introduction
2. Authorisation
3. Purpose of the picket
4. Picketing rules
5. Pickets on the employer's premises
6. Conduct in the picket
7. Role of the police
8. General rights, obligations and immunity
[Repealed] : Handling of Sexual Harassment cases
Who is an Employee
Notice No. 1774 of 2006
Part 1
Part 2 : The Presumption as to who is an Employee
Part 3 : Interpreting the Definition of an Employee
Part 4 : Employees of Temporary Employment Services
Part 5 : Interpretation of Labour Legislation
Part 6 : Interpretation of the Definition of an Employee in other Legislation Administered by the Minister of Labour
Table of cases
Annexure
Collective Bargaining, Industrial Action and Picketing
Notice No. R.1396 of 2018
Part A : Introduction
1. Intention and interpretation
2. Context
3. Purpose
Part B : Collective Bargaining
4. Collective bargaining and disputes of mutual interest
5. Fundamental commitments
6. Promotion of collective bargaining
7. Principles of good faith bargaining
8. Development and support for negotiations
9. Preparing for negotiations
10. Submission of demands and responses
11. Commencement of negotiations
12. Use of facilitators
13. Disclosure of information
Part C : Workplace Democracy and Dialogue
14. Object
15. Measures to promote employee participation and dialogue in the workplace
Part D : Industrial Action : Strikes and Lockouts
16. Constitutional context
17. Disputes in respect of which industrial action may be exercised
18. Conciliation of mutual interest disputes
19. Ballot of members
20. Notice of the commencement of the strike or lockout
21. Who may strike
22. Strikes or lockouts in respect of employees residing on employer premises
23. Peace and stability and communication during a strike or a lockout
Part E : Picketing
24. Introduction
25. Authorisation
26. Purpose of the picket
27. No picketing unless rules agreed or determined
28. Agreed picketing rules
29. Default picketing rules
30. Pickets on employer premises or in other designated areas
31. Dissemination of picketing rules
32. Conduct in the picket
33. Peace obligation and the role of police
34. Peace obligation and role of private security
35. General rights, obligations and immunity
Annexures
Annexure A : Good Faith Declaration
Annexure B : Default Picketing Rules8
Annexure 1 : Description of Place or Places for the Picket
Annexure 2 : Names and Details of Participants
Commission for Conciliation, Mediation and Arbitration
[Repealed] Tariff of Fees
[Repealed] Notice No. 115 of 2016
[Repealed] Annexure
Tariff of fees
Notice 699 of 2017
Annexure
Rules regulating the Practice and Procedure for Resolving Disputes through Conciliation and at Arbitration Proceedings
Rules regulating the Practice and Procedure for Resolving Disputes
1. Definitions
2. Addresses of the Commission and Office Hours
3. Service of Documents
4. Filing of Documents
5. Referral for Conciliation
6. Jurisdiction to Conciliate
7. Conciliation
8. Referral for Arbitration
9. Jurisdiction to Arbitrate
10. Pre-arbitration Conference of Parties
11. Conciliation or Arbitration Venue
12. Joinder of Parties/Amendment of Citations/Substitution of Parties and Cons
13. Witness Fees
14. Costs
15. Taxation
16. Motion Roll
17. Postponements
18. Subpoenas
19. Applications/Motion Proceedings in respect of preliminary matters
20. Arbitration
21. Representation at Arbitration
22. Production of Documents
23. Failure to Attend Arbitration Hearing
24. Variation or Rescission of Arbitration Awards or Rulings
25. Application to refer a Dismissal Dispute to the Labour Court
26. The Commission as a Court of Record in Arbitration Proceedings
27. Repeal of Commission's Guidelines
Code of Conduct for Commissioners
Notice No. 918 of 2014
Preamble
1. Purpose
2. Compliance with the Code
3. General obligations of Commissioners
4. General conduct of Commissioners
5. Hearing Conduct
6. Post-hearing
7. Fees and Expenses
8. Administration of the Code
9. Approval of the Code of Conduct for Commissioners
Guidelines on Misconduct Arbitration
Notice No. R. 224 of 2015
A: Purpose and Nature of Guidelines
Purpose
Interpretation of the law
B: How to Conduct Arbitration Proceedings
Deciding on the manner of conducting an arbitration
Nature of an arbitration
Preparation and introduction (stage 1)
Preliminary issues (stage 2)
Narrowing the issues in dispute (stage 3)
Hearing of evidence (stage 4)
Argument (stage 5)
The award (stage 6)
C: Assessing Evidence and Drafting an Award
Assessing evidence and drafting an award
Assessing evidence
Background facts
Summary of evidence
Analysing evidence
D: How to Approach Procedural Fairness
Introduction
If there is no workplace disciplinary procedure
If there is a workplace disciplinary procedures
Disciplinary action against a trade union representative
E: How to Approach Substantive Fairness
Introduction
Guidelines in cases of dismissal for misconduct: Item 7 of the Code
F: How to Approach Remedies
How to approach remedies
Choosing a remedy for substantively unfair dismissals
Reinstating an employee
Ordering re-employment
Issues to consider in ordering reinstatement or ...
Awarding compensation
Compensation for substantively unfair dismissals
Compensation for procedurally unfair dismissals
Cost awards
Amounts payable in terms of section 74 ...
Case List
Rules for the Conduct of Proceedings before the CCMA, 2015
Notice No. R. 223 of 2015
Part One : Serving and Filing Documents
1. How to contact the Commission
2. When are the offices of the Commission open
3. How to calculate time periods in these rules
4. Who must sign documents
5. How to serve documents on other parties
5A. Notice of proceedings before the Commission
6. How to prove that a document was served in terms of the rules
7. How to file documents with the Commission
8. Documents and notices sent by registered post
9. How to seek condonation for documents delivered late
Part Two : Conciliation of Disputes
10. How to refer a dispute to the Commission for conciliation
11. When must the commission notify parties of a conciliation
12. Commission may seek to resolve dispute before conciliation
13. What happens if a party fails to attend at conciliation
14. How to determine whether a commissioner may conciliate a dispute
15. Issuing of a certificate in terms of section 135(5)
16. Conciliation proceedings may not be disclosed
Part Three : Con-arb in terms of section 191(5A)
17. Conduct of con-arb in terms of section 191(5A)
Part Four : Arbitrations
18. How to request arbitration
19. When must the parties file statements
20. When the parties must hold a pre-arbitration conference
21. When must the Commission notify parties of an arbitration
22. How to determine whether a commissioner may arbitrate a dispute
23. How to postpone an arbitration
Part Five : Rules that apply to conciliations or arbitration ...
24. Where a conciliation or arbitration will take place
25. Representation before the Commission
26. How to join or substitute parties to proceedings
27. How to correct the citation of a party
28. When the Commission may consolidate disputes
29. Disclosure of documents
30. What happens if a party fails to attend proceedings before the Commission
Part Six : Applications
31. How to bring an application
32. How to apply to vary or rescind arbitration awards or rulings
33. How to apply to refer a dismissal dispute to the Labour Court
Part Seven : Section 188A Inquiry
34. How to request an inquiry in terms of section 188A
Part Eight : General
35. Condonation for failure to comply with the rules and form
36. Recordings of Commission proceedings
37. How to have a subpoena issued
37A. Expert witnesses
38. Payment of witness fees
39. Order of costs in an arbitration
40. Certification of arbitration awards
40A. Repeal and savings
40B. Transition
41. What words mean in these rules
Schedules
Schedule One
Addresses of the Commission
Addresses of the Department of Labour : Labour Centres
Eastern Cape
Free State
Gauteng
KwaZulu-Natal
Limpopo
Mpumalanga
North West
Northern Cape
Western Cape
Rules for the Conduct of Proceedings before the CCMA, 2018
Notice 776 of 2018
Part One : Serving and Filing Documents
1. How to contact the Commission
2. When are the offices of the Commission open
3. How to calculate time periods in these Rules
4. Who must sign documents
5. How to serve documents on other parties
5A. Notice of proceedings before the Commission
6. How to prove that a document was served in terms of the Rules
7. How to file documents with the Commission
8. Documents and notices sent by registered post
9. How to seek condonation for documents delivered late
Part Two : Conciliation of Disputes
10. How to refer a dispute to the Commission for conciliation
11. When must the Commission notify parties of a conciliation
12. Commission may seek to resolve dispute before conciliation
13. What happens if a party fails to attend at conciliation
14. How to determine whether a commissioner may conciliate a dispute
14A. Extension of conciliation period in terms of Section 135 (2A) of the Act
15. Issuing of a certificate in terms of Section 135(5)
16. Conciliation proceedings may not be disclosed
Part Three : con-arb in terms of Section 191(5A)
17. Conduct of con-arb in terms of Section 191(5A)
Part Four : Arbitrations
18. How to request arbitration
19. When must the parties file statements
20. When the parties must hold a pre-arbitration conference
21. When must the Commission notify parties of an arbitration
22. How to determine whether a commissioner may arbitrate a dispute
23. How to postpone an arbitration
Part Five : Rules that apply to conciliations and arbitrations and con-arbs
24. Where a conciliation or arbitration will take place
25. Representation before the Commission
26. How to join or substitute parties to proceedings
27. How to correct the citation of a party
28. When the Commission may consolidated disputes
29. Disclosure of documents
30. What happens if a party fails to attend arbitration proceedings before the Commission
Part Six : Applications
31. How to bring an application
31A. How to apply for Picketing Rules or the determination of disputes relating thereto
31B. How to apply for the enforcement of Written Undertakings and/or Compliance orders
32. How to apply to vary or rescind arbitration awards or rulings
33. How to apply to refer a dismissal dispute to the Labour Court
Part Seven : Section 188A Inquiry
34. How to request an inquiry in terms of Section 188A
Part Eight : General
35. Condonation for failure to comply with the Rules and form
36. Recordings of Commission proceedings
37. How to have a subpoena issued and served
37A. Expert witnesses
38. Payment of witness fees
39. Order of costs in an arbitration
40. Certification and enforcement of arbitration awards
40A. Payment of an arbitration fee ordered in terms of section 140 of the Act
41. What words mean in these Rules
Schedules
Schedule One
Addresses of the Commission
Addresses of the Department of Labour : Labour Centres
Eastern Cape
Free State
Gauteng
KwaZulu-Natal
Rules for the Conduct of Proceedings
Labour Court
1. Definitions
2. Office hours and address of registrar
3. Issue of documents and registrar's duties
4. Service of documents
5. Filing of documents
6. Referrals
7. Applications
7A. Reviews
8. Urgent relief
9. Appeals to the Labour Court
10. Reviews in chambers
11. Interlocutory applications and procedures not specifically provided for in other
12. Extension of time limits and condonation
13. Withdrawals and postponements
14. Set down of postponed matters
15. Matters struck off the roll
16. Default judgments
16A.
17. Consent to orders
18. Heads of argument
19. Submissions by an amicus curiae
20. Partnership, firms and unincorporated associations
21. Representation of parties
22. Joinder of parties, intervention as applicant or respondent, amendment of citatio
22A. Offer of Settlement
22B. Pagination
23. Consolidation of proceedings
24. Costs
25. Taxation
26. Service and enforcement of court orders
27. Oath of office of interpreter
28. Labour Court as court of record
29. Witness fees
30. Application for leave to appeal to the Labour Appeal Court
31. Sworn translators
32. Subpoenas
33. Commencement of rules
Labour Appeal Court
1. Definitions
2. Sittings of the court
3. Registrar's office hours
4. Petitions for leave to appeal
5. Procedure on appeal
5A. Appeal from the Industrial Court
6. Powers of attorney
7. Submissions by an amicus curiae
8. Date of hearing
9. Heads of argument
10. Labour Appeal Court sitting as a court of first instance in terms of section
11. Failure to appear at an appeal hearing
12. General
12A. Defence Special Tribunal Act
13. Costs and fees
14. Commencement of rules
Proclamations
Commencement of the Labour Relations Amendment Act, 2014
Notice No. R. 87 of 2014
Repeal of Labour Relations Regulations
Notice No. R.1015
Guidelines
[Repealed]: Guidelines issued in terms of section 95(8) of the Labour Relations Act
Notice No. R. 1446 of 2003
Guidelines issued in terms of Section 95(8) of the Labour Relations Act
Notice No. R.1395 of 2018
The Purpose of this Document
1. Purpose
2. Application
3 and 4. Approach
5 and 6. The Definiton of a Trade Union
7. Formation of a trade union
8. Qualification for membership of a trade union
9,10,11 and 12. Membership of a trade union
13,14 and 15. Activities of the trade union
16. Independence from employers
17. Association of employees
18,19,20 and 21. Association not for gain
22. Federation affiliations
Employers' Organisation
23,24 and 25. Definition of an employers' organisation
26 and 27. Formation of an employers' organisation
28. Qualification for membership of an employers' organisation
29. Membership of an employers' organisation
30. Activities of an employers' organisation
31. Independence from trade unions
32,33 and 34. Association not for gain
Social Plan
Labour Market and Human Resource Development for Job Creation Social Plan
1. Introduction
2. Objectives
3. Principles
4. The Establishment of Future Forms
5. Social Plan Technical Support Facility (SPTSF)
6. Ministerial Notification and Department of Labour Services
7. Services Offered by the Department of Labour
8. Support to Small, Micro and Medium Size Enterprises (SMMEs)
9. Regenerating Local Economics
10. Social Plan Funds
11. Investigation of Additional Forms of Financial Assistance
Annexure K : Non Woven Textiles Subsector
Purchase
A. Application
B. Remuneration
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