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Questions and Answers
What is the primary function of Bargaining councils?
What percentage of employees or employers is required to apply for the registration of a statutory council?
What is the purpose of a statutory council?
What is the role of the minister in regards to agreement application?
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What is a main function of statutory councils?
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What is the primary objective of bargaining councils?
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What is a function of statutory councils under the Labour Relations Act?
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What is a function of bargaining councils?
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What is a function of statutory councils under the Labour Relations Act?
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What is a function of bargaining councils?
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Study Notes
Collective Bargaining
- Collective bargaining is important in the labour relationship as it builds harmonious employment relations through negotiation between employers and employees.
- The Labour Relations Act (1995) creates a framework that promotes constructive bargaining by:
- Extending organisational rights to trade unions
- Establishing various bargaining forums (bargaining councils, statutory councils, and workplace forums)
Functions of Bargaining Councils
- Establish and conclude collective agreements
- Enforce collective agreements
- Prevent and resolve labour disputes
- Perform dispute resolution functions
- Manage a dispute resolution fund
- Promote and initiate training and education schemes
- Initiate and administer schemes or funds to benefit its parties or members (e.g., pension, provident, medical aid, sick pay, holiday, unemployment, and training schemes)
Statutory Councils
- Established under the Labour Relations Act (1995) in areas or sectors where no bargaining councils exist
- Three main functions:
- Resolve disputes within their area of jurisdiction
- Establish and promote training and education schemes
- Establish and administer pension, provident, medical aid, sick pay, holiday, and unemployment schemes or funds
Collective Agreements
- Bind the bargaining council parties and their members who are also parties to the collective agreement
- The Minister can extend the application of a collective agreement to non-parties
Representativity and Recognition
- Representativity is a precursor to a registered union acquiring organisational rights
- There are three levels of representation: sufficient representation, agency-shop agreements, and closed-shop agreements
Agency-Shop Agreements
- Established through a collective agreement between an employer and a majority union, or two or more unions acting together to achieve majority representation
- Employer deducts agency fees from salaries of employees who are not members of the trade union but are eligible for membership
Closed-Shop Agreements
- Require employees who are not members of a trade union to join the trade union
- Certain provisos must be met for a closed-shop agreement to become binding, including:
- Holding a ballot of all employees to be covered by the agreement
- Employees need to become members of a trade union only after taking up employment
- Exclusive use of all deductions to further the socio-economic interests of employees
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Description
Test your knowledge on collective bargaining and organisational rights in the South African labour system. Learn about the role of collective bargaining, employer's duty to recognise and bargain with a trade union, and the legal status of collective agreements.