industrial relations Flashcards
how does the constitution affect businesses
- human rights
- inclusivity
- environmental issues
what is the human rights commission
assists people who feel their rights have been violated,national institution to entrench constitutional democracy
limitations clause
limits rights so they do not confluct
inclusivity
address issues of the past - skills development, bbbee , no discrimination, everone has access to training
what is the LRA
basic legal framework for the south african labour relations system, applies to every employer and employee , covers strikes, lockouts , collective bargaining, dispute resolution, unfair dismissal and labour practice
what does the LRA include
enforce constitutional rights
enforce SA international obligations
provide a framework for collective bargaining
promote effective resolution of labour disputes
what is a trade union
organisation for the purpose of regulating relations between employers and employees in a specific industry, trade or occupation
what is an employer organisation
serves the same purpose as a trade union but enables employers to work together to negotiate with trade unionss
what is important for trade unions and employer organisations to do
have to register, have a proper constitution, consistent with LRA, must not be formed to evade law or be affiliated with a political party
why is registration important for a trade union
gives rights to the organisation like allowing them to be party to the Bargaining or statutory council.
what are the functions of a trade union
- protect rights of workers
- improve condition of service and employment ( salary, safety)
- represent members in negotiations with employee
- advise on labour related issues
- strive to achieve industrial peace
what is the function of NEDLAC
ensure that government and labour and employers are in agreement prior to labour policies that will impact on social and economic levels. function as a body to promote economic growth
what is collective bargaining
negotiation between representatives of a union and employers organisation around terms and conditions of employment and about the rights and responsibilities of trade unions
what is a strike
temporary collective refusal of employees to work, to put pressure on employer to agree to demands
what is a go slow
workers work slowly to slow down production , often pre empts a strike
what is a work to rule
stick to the letter of their contracts reducing productivity
picketing
demonstration outside workplace to show dissatisfaction with a certain issue
lock out
refusal on the part of an employer to allow employees to continue working
what are 3 collective bargaining structures
bargaining council
statutory council
workplace forum
basic grievance procedure
employee grievance supervisor department manager hr manager private agency or statutory council cCma labour court labour appeal court
what makes a strike protected
collective agreement followedand then
LRA procedure followed
referred in writing to CCMA or council
try to settle dispute within 30 days
CCMA must issue a certificate saying has not been resolved
48 hours notice in writing must be given to private employer or 7 days notice to state before strike
when is a strike not protected
when a collective agreement says the workers may not strike over the issue at hand
if the correct procedures have not been followed
parties are engaged in an essential service
what happens during a protected strike
employees may not be dismissed
employer cannot stop the strike
strike cannot be seen as a breach of contract
does not have to pay employees
reasons for strikes
wage increases
demand to recognize trade union
unhappiness around change to working condition
sympathy with a protected strike of another party
what is unfair treatment in the workplace
unfair conduct unfair discrimination unfair conduct unfair suspension failure or refusal to reinstate
