South Africa - 2012
Capital: Pretoria

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 - 2012
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- 2012
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 - 2012
In practice
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 - 2012
Violations
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike Agreement of 2008, undermining workers’ hard won gains. In addition to being fired the union leaders were also arrested on 11 February, after SAMWU brought charges against the Municipality and the South African Police Services for shooting at protestors during 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 action. The SAMWU leaders were arrested while in a hearing with the Municipality to try and resolve the dispute. Further hearings into their case dragged on for months.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . All employers agreed to the terms with the exception of Bridgestone South Africa who insisted on implementing a lower wage increase for workers that are ‘red circled’ (those who earn above the minimums in the industry). The matter was taken to 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 and on 22 February the arbitrator found in favour of NUMSA. Bridgestone responded with a lockout lockout A form of industrial action whereby an employer refuses work to its employees or temporarily shuts down operations. at its plants affecting 1,200 ‘red circled’ and ‘non-red circled’ workers in an attempt to force workers to sign acceptance letters of wage offers far lower than the increase agreed to at the industry level. As a result, hundreds of workers who were not red circled and had no direct relation to the dispute were also affected. During the lockout lockout A form of industrial action whereby an employer refuses work to its employees or temporarily shuts down operations. Bridgestone SA refused to engage NUMSA, and instead told workers that if they wished to return to work they would be expected to individually sign acceptance of their wage offer, effectively shutting out the union and undermining the right to 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
. NUMSA applied to the labour court for an urgent interdict to have the lockout lockout A form of industrial action whereby an employer refuses work to its employees or temporarily shuts down operations. declared illegal as the union was pursuing negotiations and there was no 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 in action but the court ruled on a technicality that the lockout lockout A form of industrial action whereby an employer refuses work to its employees or temporarily shuts down operations. was legal because of the suspended 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 workers finally returned to work on 19 May, in recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. of the hardship suffered during two months without pay. NUMSA said it would continue to pursue the matter and seek an appeal.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike in February. They had initially been suspended pending consideration of their case. 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 took place in protest at the council’s dismissal of seven shop stewards (see previous article). All 78 were reinstated in July however, after the authorities accepted they had not followed due process in terminating the contracts of the workers, who were dismissed without a hearing.
Four striking workers from the Bolt Corporation Company in Krugersdorp were shot and injured by police using rubber bullets on 6 July. The National Union of Metalworkers of South Africa (NUMSA) protested that the police response was excessive. Although their members were angry, they had been behaving in an orderly manner since the beginning of 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
.
In another incident, two workers were injured when a supervisor at Lockers Engineering Company owner based in Krugersdorp opened fire at striking protestors outside the company premises. Both injured workers were taken to hospital where one was reported to be in a critical condition and the other stable. The supervisor was arrested. There were also claims that police had harassed, intimidated, and shot at strikers in Bellville and Germiston. 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
claimed the lives of two people, one hit by car in Germiston and another in Kwazulu-Natal, although there were no suggestions that the police response was the cause of these tragic incidents.
The incidents took place during country-wide strikes in the first week of July by workers in the engineering, gold, chemicals, and coal sectors who were negotiating with employers for higher wages. NUMSA was joined by five other trade unions — the Chemical, Energy, Paper, Printing, Wood, and Allied Workers’ Union (Ceppwawu), the Metal and Electrical Workers’ Union (Mewusa), United Association of South Africa (Uasa), Solidarity, and the South African Equity Workers’ Association (Saewa). The unions were calling for wage increases of 10% to 13%, while employers were offering 7%. NUMSA said some senior managers were earning 20 times more than union members. 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
ended after two weeks, with an agreement on pay rises of between 8% and 10%.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike by metal and engineering workers to press for better pay and working conditions continued into a second week and on 13 July, police arrested 39 members of the National Union of Metalworkers of South Africa (NUMSA) in Deal Party industrial area outside Port Elizabeth. The workers were briefly detained at the Mount Road police station, Port Elizabeth.
See collective bargaining agreement
Main Agreement signed in July by engineering industry employers and the National Union of Metalworkers of South Africa (NUMSA). The NEASA had earlier tried to ban 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 NUMSA and had petitioned the Labour Ministry not to officially publish the 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
agreement. In November, however, the Labour Court dismissed the application brought by NEASA.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , one of the guards suddenly sprayed tear gas in an official’s face. Another security guard kicked Gafieldien Benjamin in the face and started to beat him up. Striking workers came to assist their union officials and the guards responded by firing rubber bullets. Several workers were injured as a result. The FAWU lodged a complaint about the assault with the local police.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike at the end of the year.
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
