Industrial Action PDF

**[INDUSTRIAL ACTION]** **[Strike]** - Strike is a temporary, collective withhold of labour, to oblige the employer to take notice of employees demands. - According to section 213 of LRA strike is a partial or complete converted refusal to work, retardation or obstruction of work by...

**[INDUSTRIAL ACTION]** **[Strike]** - Strike is a temporary, collective withhold of labour, to oblige the employer to take notice of employees demands. - According to section 213 of LRA strike is a partial or complete converted refusal to work, retardation or obstruction of work by person who are employed by the same employers or different employer for the purpose of remedying a Grievance/solving a dispute in respect of any mutual matters. **[Main element of strike]** - Refusal to work - Collective action - Following from a Grievance or dispute **[Reasons for strike action]** - General dissatisfaction among employees - Adversarial employment relationship - Economic concerns - Dissatisfaction with conditions of service - Personal problems - Solidarity with other employees - Lack of consultation - Socio economic issues - Need to demonstrate strength - Trade unions rivalry **[Types of strikes ]** - **Sit down --** Employees refuse to leave the working area and prevent employer for using replacement labour. - **Wildcats --** Happens without prior warning. Mostly are unprotected strikes - **Sympathy --** Employees belonging to the same company, industry union may strike to display Solidarity of other striking employees. Purpose is to pressure employer for settlement. - **Overtime bans --** Is when employees perceive that wages level are kept low so that overtime is used as a means of enticing employees to supplement their income. - **Go slow --** Method of holding production without bringing operations to a standstill. - **Picketing --** Patrolling or standing outside or near to the location where the dispute has risen to publicise the existence of a labour dispute. - **Look at pg 581 for more strikes** **[Factors contributing to strikes ]** - Locations - Legislation - Homogeneous work groups - Shift in business cycles - Community support - Work process - Labour relationship - Strength of the union movement - Inter union rivalry - Size of the organization **[Other employee action ]** - Work to rule - Withdrawal of co-operation - Product and services boycotts - External pressures **[Labour market trends and labour unrest in the era of covid19]** - Shift to remote working - Retrenchment - Collective bargaining for trade unions - Effect of covid19 on women - The value of work - Establishment of new employment relationship - Reduced compliance with labour standards - Precarious employment as an alternative form of employment **[Lockout]** - Exclusion of employees by employers from the workplace for the purpose of compelling employees to accept demands in a any matter of mutual interests - Employer is not oblige to pay employees during a Lockout. **Protected strikes and lockouts** **Unprotected strikes and lockouts** --------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------- Is a strike where employees cannot be legally dismissed for participating in it Strike that haven't met the necessary statutory requirements and employees participating in it may be dismissed **[Legal requirements for protected strike]** - Provide certificate from CCMA shows that Conciliation has failed. - Refer the issue to bargaining council or CCMA for Conciliation - Go to advisory Arbitration before embarking I any action if dispute involves refusal to bargain - If the employer is the public service give 7 days written notice of proposed strike or Lockout - Give necessarily notice if the dispute involves an agreement concluded in a bargaining council or involves an employer's organization - Give the other party 48hrs written notice of planned actions. **[General provision for unprotected strikes and lockouts ]** - Give respondent 48hrs notice of their intention to apply for such interdict. - Respondent has had a reasonable opportunity to be heard - There are sound reasons for allowing a shorter notice period - Applicant has informed the other party in writing of their intention to lodge an application. **[Essential services]** - Any services that if it's interrupted may endanger the lives, personal health or safety of the entire or part of the population - E.g medical, fire fighter, emergency service and SAPS. **[Maintenance services]** - A service is considered a maintenance service if interrupting it would cause physical damage to a working area, plant, or machinery. **[Minimum services]** - Minimum services are a reduced number of employees who continue to work during a strike to ensure that the service which is normally provided does not cease entirely. The minimum service should ensure that the life, health, and personal safety of the population is adequately safeguarded **[Role of the SAPS]** - Serve and protect the citizens of the country - Enforce criminal laws - Intervene only when strike poses threats or lead to violence. **[Handling strike ]** **Need for contingency plan** - Attempt to minimize the effects of a strike. - Negotiate with representatives of the striking workers **Purposes of contingency plan** - Ensure the necessary protection of the person and property - Ensure that a negotiation forum is established - Formulate guidelines for handling of striking employees - Establish a uniform policy and plan of action - Arrange for the continuation of production or shutdown **Action plan** - Manning of key positions - Keeping of a strike diary - Convening of the negotiating committee - Provision of information to outside agencies - Movement of non striking employees - Evacuation of strikers - Handling of striking employees - Immediate reporting of a work stoppage or strike action - Dealing with media - Notifications of settlement **Aftercare** - Agreement and promises made must be acted upon - No further recriminations should be made - Measures to improve communication channels and procedures should be in place - Necessary precautions to prevent a recurrence should be taken - After a cooling down period, follow up should be arranged.