Capital: Pretoria

See collective bargaining agreement
while a pharmaceutical chain refused to negotiate. Striking workers in the motor industry were dismissed. Although secured in law, the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is weakened by the employers’ right to hire replacement workers.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2011
Background
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Pretoria

reported violations- 2011
Trade union rights in law
While the Constitution and the Labour Relations Act provide a strong legal foundation for trade unions to exercise their rights, some issues exist. All workers – with the exception of members of the National Intelligence Agency and the Secret Service – are allowed to join unions and are protected against unfair dismissal, and unions can seek redress in court for such dismissals.
The Labour Relations Act favours centralised collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
at the sectoral level but does not prohibit bargaining at other levels. Bargaining normally takes place in bargaining councils or in statutory councils. However, in order establish a bargaining council a trade union must be “sufficiently representative”, but there is no definition in the Act of the term.
The right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is explicitly guaranteed and is broadly construed to include pickets, secondary strikes and socio-economic protest actions. Nevertheless, the right is curtailed by the fact that employers are permitted to hire replacement workers during defensive lock-outs, i.e. lock-outs called in response to a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by law.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination.
All workers, with the exception of members of the National Intelligence Agency and the Secret Service, are protected against unfair dismissal, and unions can seek redress in court for such dismissals.
Restrictions
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Other civil servants and public employees
- The Labour Relations Act does not apply to members of the National Intelligence Agency or the South African Secret Service.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is enshrined in the Constitution.
- >The right to collective bargaining is recognised by law.
The Labour Relations Act favours centralised collective bargaining at the sectoral level, but does not exclude bargaining at other levels. Bargaining normally takes place in bargaining councils or in statutory councils.
Restrictions
Legal barriers to the recognition of collective bargaining agents:
- >Absence of criteria or discretionary, unclear or unreasonable criteria for determining representative organisations
- The Labour Relations Act requires trade unions to be \"sufficiently representative\" in order to establish bargaining councils but omits to define the term.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
- >The right to strike is recognised in the Labour Law.
Format: text
Restrictions
Provisions undermining the recourse to strike actions or their effectiveness:
- >Possibility to replace workers during lawful strike actions
- An employer can hire replacement labour if it institutes a defensive lock-out, i.e. a lock-out in response to a strike. Replacement workers are not allowed if the employer locks out the workers before they can embark on a strike (offensive lock-out).
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Pretoria

reported violations - 2011
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Pretoria

reported violations - 2011
Violations
On 14 June, police fired tear gas and rubber bullets at about 500 workers staging a protest over pay outside the football World Cup stadium in Durban. The riot police were equipped with body armour, helmets and guns. The workers said they had been promised 1500 rand a day, but had only been paid 190. They had also been left with no transport and were facing long walks home. The protesters claim their action, three hours after a match, had been peaceful and they were surprised that the police charged at them and fired tear gas. The police corralled the protesters before they reached the city centre and after a tense standoff the workers dispersed. Police later confirmed that one woman had been hit by a rubber bullet but claimed that no-one had been hurt.
The following day in a similar incident in Cape Town riot police were brought in to break up an attempted strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
at the Green Point World Cup stadium.
A strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
by workers employed by the pharmaceutical chain Dis-Chem unveiled a series of abuses and a clear determination to break their union, the South Africa Commercial, Catering and Allied Workers Union (SACCAWU) . The union was in dispute with the company over several issues, notably pay. The company refused to negotiate with the union and SACCAWU had to refer the matter to the Commission for Conciliation
conciliation
An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation
, Mediation
mediation
A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.
See arbitration, conciliation
and Arbitration
arbitration
A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation
(CCMA). The outcome was an Advisory Arbitration
arbitration
A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation
Award which ruled that the company should negotiate. When the company refused to adhere to the advisory award, the CCMA granted a certificate which allowed SACCAWU members the right to embark on a protected strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
to press for their demands. The strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
began on 27 May and was followed by over 2000 SACCAWU members at more than 40 Dis-Chem Pharmacies nationwide.
On 18 June, 23 Dis-Chem workers in Midrand were arrested and held over the weekend before being released the following Monday without charge. The arrests occurred after striking workers confronted the store and central management for taking photographs of workers on the picket-line. Strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
and picket rules clearly stipulate that management should not take photographs of workers on the picket-line. Three more workers were arrested on 23 June and charged with alleged damage to property.
SACCAWU reported that striking workers continued to be harassed by store managers, mall managers and the police. Some workers were assaulted on the picket-line by a store manager in Pretoria. As the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
entered its fourth week Dis-Chem openly stated that even if SACCAWU had 100% membership in the company they were not obliged to negotiate with the union. At a conciliation
conciliation
An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation
meeting, the company went further and stated it was not prepared to meet with SACCAWU to seek a resolution to the current strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
under any circumstances.
This was consistent with Dis-Chem’s firmly anti-union approach. For some time the company had regularly discouraged its employees from joining SACCAWU and actively participating in union activities. In 2009 SACCAWU had to declare a dispute to compel the company to recognise the union.
In August, President Zuma ordered police to crush a national strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. On 19 August, police clashed with protesting public sector workers, using rubber bullets and water cannons to disperse strikers demonstrating outside a Soweto hospital. The public sector unions launched their indefinite strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 18 August to demand an 8.6% pay rise plus a monthly housing allowance of R1,000 (USD142) for all civil servants. More than a million civil servants joined the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. The government insisted that its debts and the global downturn meant it could not afford to meet union demands and instead offered 7% and R700 (USD99) towards housing. The leader of the Congress of South African Trade Unions (COSATU,) Zwelinzima Vavi, pointed out that President Zuma was earning more than R2.2m.
The dispute ended on 20 October when the unions accepted a 7.5% wage increase backdated to 1 July and an R800 housing allowance.
When motor industry workers went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 1 September in the auto supplies industry and at petrol stations around Durban and Port Shepstone the police responded with brutal harassment and arrests, according to the National Union of Metalworkers of South Africa (NUMSA). The motor workers went on a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
after both the Retail Motor Industry (RMI) and the Fuel Retailers Association (FRA) failed to meet their demands for improved wages and conditions of employment for workers after more than three months. The union, representing some 70,000 members in the South African component, fuel stations, retail franchises and tyre industries, had asked for a 15% wage increase, improvements in severance pay and six months maternity leave. NUMSA particularly objected to the arrest and intimidation of striking workers around Durban and Port Shepstone petrol stations during their legal, protected action.
After a two week strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
the two sides finally agreed to an increase of between 9 and 10% - but the FRA and the RMI then dismissed workers who had been on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike in the tyre and rubber manufacturing industry organised by the National Union of Metalworkers of South Africa (NUMSA) that started on 30 August. Since the start of the negotiations earlier in the year Bridgestone-Firestone had opposed every move towards collective progress. The company even tabled counter-proposals that were lower than those made by the New Tyre Manufacturing Industry Employers’ Association (NTMIEA) to which it is affiliated.
On 29 October during a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
at the Pick ’n Pay retail chain workers in Klerksdorp were arrested for singing and shouting slogans on the picket-line. A judge allowed them to continue their picket but told them to keep the noise down. Their union, the South Africa Commercial, Catering and Allied Workers Union (SACCAWU) also reported that three workers were shot at, one in a drive-by shooting on workers on the picket-line and the other two by mall security. There were no reports of injuries. A further 62 workers were arrested on 30 October and on 2 November all the striking workers in Klerksdorp were arrested, but later released.
The strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
was called after months of frustration. SACCAWU submitted proposals on pay and working conditions for 2010 to the company in December 2009 and workers were due to receive their increases at the beginning of March 2010. Nothing happened in March however, and after numerous attempts to resolve the dispute SACCAWU called its 27,000 members out on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 29 October. A settlement was reached after two weeks and the strikers returned to work on 11 November.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Pretoria
