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Collective Bargaining and Organisational Rights
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Collective Bargaining and Organisational Rights

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Questions and Answers

What is the primary function of Bargaining councils?

  • To resolve disputes between employees and employers
  • To establish and administer pension funds
  • To provide medical aid to employees
  • To establish and conclude collective agreements (correct)
  • What percentage of employees or employers is required to apply for the registration of a statutory council?

  • 30 per cent (correct)
  • 50 per cent
  • 20 per cent
  • 40 per cent
  • What is the purpose of a statutory council?

  • To provide training and education schemes
  • To resolve disputes within their area of jurisdiction
  • To establish and administer pension, provident, medical aid, sick pay, holiday, and unemployment schemes or funds
  • All of the above (correct)
  • What is the role of the minister in regards to agreement application?

    <p>To extend the application of agreements to non-parties</p> Signup and view all the answers

    What is a main function of statutory councils?

    <p>To resolve disputes within their area of jurisdiction</p> Signup and view all the answers

    What is the primary objective of bargaining councils?

    <p>To prevent and resolve labour disputes</p> Signup and view all the answers

    What is a function of statutory councils under the Labour Relations Act?

    <p>To establish and promote training and education schemes</p> Signup and view all the answers

    What is a function of bargaining councils?

    <p>To enforce collective agreements</p> Signup and view all the answers

    What is a function of statutory councils under the Labour Relations Act?

    <p>To resolve disputes within their area of jurisdiction</p> Signup and view all the answers

    What is a function of bargaining councils?

    <p>To initiate and administer training and education schemes</p> Signup and view all the answers

    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.

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