Lecture Slides - Unit 1 Labour Law

WELCOME TO LABOUR
LAW 1B
ADMIN ISSUES
• Lecturer’s Details: Ms SB Ngcobo
ACD 205, Ellen Kuzwayo Building (SWC)
011 559 5577 (SWC)
H Purple 4, H Block (APB) “Virtual Office”
011 5591059 (APB)
[email protected]
What’s App
Consultation Times: 12:00 – 14:00
LEARNING GUIDE
Prescribed Text Book

• Govindjee A and vd Walt A (eds.) Labour Law in Context (2018 LexisNexis) (Second Edition) (hereinafter
“Govindjee”)
Legislation
• The Constitution of the Republic of South Africa, 1996
• The Labour Relations Act 66 of 1995
• The Basic Conditions of Employment Act 75 of 1997
• The Employment Equity Act 55 of 1998
• The Unemployment Insurance Act 63 of 2001
• Compensation for Occupational Injuries and Disease Act 130 of 1993
• Additional study material

• Additional study material will be uploaded onto blackboard from time to time.
COURSE CONTENT
• 1. Development of South African Labour Law;
• 2. Social insurance;
• 3. Transfer of businesses;
• 4. Dispute resolution;
THE DEVELOPMENT OF SOUTH AFRICAN
LABOUR LAW
INTRODUCTION
• What is the importance
and significance of our Labour Laws?
DEVELOPMENT OF SOUTH
AFRICAN LABOUR LAW
• In 1994, there was a need to reform the labour laws of our country;
• The following issues existed;
• The multiplicity of laws governing labour relations;
• The lack of an integrated legislative framework;
• Contradictions in policy;
• Extensive discretion given to administrators and adjudicators;
• The haphazard and unintegrated nature of collective bargaining institutions;
• The ineffectiveness of the conciliation machinery and procedures;
• The lengthy and expensive dispute resolution system;
• The criminal enforcement of labour law and collective agreements;
• The lack of compliance with the Constitution and public international law; and
• The fact that the Labour Relations Act of 1956 did not take the objective of the
Reconstruction and Development Programme into account;
LABOUR RELATIONS ACT 66 OF
1956
• Industrial Act of 1956
• Only applicable to whites in the private sector;
• Provided for collective bargaining and dispute resolution;
• Wiehahn Commission was tasked with investigating labour legislation:
• Wiehahn commission’s recommendations resulted in the renaming and
amendment of the Industrial Act:
• The Labour Relations Act 1956;
• The Act was applicable to all race groups;
• Introduced the concept of “unfair labour practices” into South African Labour Law
for the first time;
• The Act was still only applicable to the private sector;
• New legislation to regulate certain sectors that were excluded from the 1956
LRA: Education Labour Agricultural Labour Act Public Service Labour
Relations Act (ELRA) (ALA) Relations Act (PSLRA)
LABOUR RELATIONS ACT 66 OF
1995
• A ministerial legal task team was appointed by the Minister of Labour in 1994,
to draft a new Labour Relations Bill;
• Involvement of the International Labour Organisation (ILO);
• Involvement of NEDLAC.
• The Bill became the new Labour Relations Act 66 of 1995;
• The new LRA ensured that labour legislation is in line with the provisions of the
Constitution;
• Further ensured that South African labour legislation is line with the conventions
and recommendations of the ILO.
SIGNIFICANT CHANGES BROUGHT
ABOUT BY THE 1995 LRA
• Recognition of the employee’s right to Strike and employers recourse to lock-
out;
• Employee participation in decision-making;
• The process of conciliation by the CCMA and arbitration (CCMA) or
adjudication (labour court) where conciliation has failed;
• Establishment of the Labour court and Labour appeal court;
• Introduction of statutory councils;
THE MAIN OBJECTIVES OF THE 1995
LRA
• According to section 1 of the Act, the main objectives of the act are to
advance economic development, social justice, labour peace and the
democratisation of the workplace;
• The primary objectives of the Act are:
• To give effect to the fundamental rights conferred by the Bill of Rights contained
in the constitution;
• To give effect to the obligations incurred by RSA as a member state of the ILO;
• To provide a framework for collective bargaining;
• To promote orderly collective bargaining;
• The LRA was amended in 2002 and 2014 in order to give greater effect to
the abovementioned objectives;
• “Application of the LRA” (page 227) is self study;
• Leave out “Atypical employment”
NATIONAL ECONOMIC, DEVELOPMENT
AND LABOUR COUNCIL (NEDLAC)
NATIONAL ECONOMIC,
DEVELOPMENT AND LABOUR
COUNCIL
• The National Economic, Development and Labour Council (NEDLAC) was
established on 18 February 1995;
• NEDLAC is made up of representatives from Organised business, organized
labour and government;
• NEDLAC is established in terms of the National Economic, Development and
Labour council act 35 of 1994;
• NEDLAC is a juristic person, consisting of four chambers and is governed by
an executive council;
THE STRUCTURE OF NEDLAC
• National Summit
• Convened Annually by Executive Council – not part of NEDLAC
• Report back on NEDLAC activities to ensure transparency and obtain inputs;
• Attendance of the summit is capped at 300 persons;
• Executive Council
• Must meet at least four times a year;
• Council is made up of a maximum of 18 representatives from each constituency
(there’s 4)
• Receives reports from chambers and concludes agreements between parties;
• Duties of the executive council:
• to convene an annual national summit of interested parties;
• to prepare an annual budget and annual report;
• Responsible for audited financial account and balance sheets of NEDLAC;
THE STRUCTURE OF NEDLAC
• Management Committee:
• Composition: All convenors on the Executive Council and Chambers;
• Oversees and co-ordinates work of NEDLAC between meetings of the Executive
Council;
• Chambers
• Composition: 6 delegates per constituency;
• Drafts reports and makes recommendations to NEDLAC;
Finance and Trade and

Labour Market Development
Monetary Industry
THE CONSTITUENCIES OF NEDLAC
Members representing
organised business;
•These members are appointed by
the Minister from nominations made
by the different organisations.
Members
Members
representing
representing
organised
community
labour;
and
•These members
development are also
interests; appointed by the
•These members Minister from
are appointed by nominations
the deputy made by the
president; different
organisations.
Members representing
government;
•These members are appointed by
the President of the RSA;
THE CONSTITUTION OF NEDLAC
• The constitution of NEDLAC provides amongst other things, for the following:
• The manner in which nomination of members must be done;
• The criteria and manner to admit members within organised labour and
organised business;
• The removal of members;
• The appointment, removal, duties and powers of the chairpersons, office-bearers
and officials;
• The establishment, composition and functions of the executive council, various
chambers and committees, including the management council;
• The convening of, quorum for and conducting of meetings of the executive
council, chambers and committees;
• The keeping of minutes and amendment of the constitution.
EXECUTIVE COUNCIL OF NEDLAC
• The powers and functions of the council include but are not limited to:
• Preforming all the powers allocated to NEDLAC;
• The power to adopt a constitution for NEDLAC and amend it;
• To establish the four chambers and committees;
• The council may conduct any enquiries;
• To develop conventions to regulate its relations with Parliament and its standing
committees;
• To develop codes of conduct to regulate the conduct of members and
representatives
• To appoint a secretariat for NEDLAC;
THE OBJECTIVES AND FUNCTIONS
OF NEDLAC
• According to the Act NEDLAC shall:
• Strive to promote the goals of economic growth, participation in economic
decision making and social equity;
• Seek to reach consensus and conclude agreements on matters pertaining to
social and economic policy;
• Consider all proposed labour legislation relating to the labour market policy
before it is introduced in Parliament;
• Consider all significant changes to social and economic policy before it is
implemented or introduced in parliament; and
• Encourage and promote the formulation of coordinated policy on social and
economic matters;
• How does NEDLAC’s role differ from that of trade unions?
THE RELEVANCE AND SIGNIFICANCE
OF NEDLAC IN THE MIDST OF THE
COVID-19 PANDEMIC
In light of the
challenges posed by What role should
the Covid-19 What is actually
be played by
Pandemic, answer being done by
NEDLAC, during
the following NEDLAC at the
these trying
questions. moment?
times?
Do you think that

NEDLAC is
currently meeting
it’s objective’s
and carrying out
it’s functions
effectively?
SOCIAL INSURANCE
pages 277- 302

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WELCOME TO LABOUR

Prescribed Text Book

• Additional study material

Finance and Trade and

Do you think that

pages 277- 302

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