HomeHome SearchSearch MenuMenu Our productsOur products

Find out what the new labour legislation means to you when employees strike

by , 16 January 2013
With South Africa's violent strike season opening this year with the farm workers' strike in the Western Cape in De Doorns, discover how your business can use the new labour legislation to put an end to violence during a strike and avoid financial losses.

As you may be aware, the law currently requires trade unions to issue a dispute to the CCMA or bargaining council before your employees go on strike.

But proposed amendments to the labour legislation now say that the trade union must conduct an open ballot to decide whether or not to go on strike. This means that if the majority of the voters are in favour of a strike, there'll be a strike coming your way.
If you're worried about a ballot being falsified, the proposed law ensures that the CCMA must certify that a proper ballot has been conducted.

What are the two types of strikes you can expect?

There are two types of strike actions you need to be aware of as an employer.
A protected strike and unprotected strike.

Under the Labour Relations Act, protected strikes are legal and take place when all the processes in the Act are followed by employees to ensure their demands are met.

Unprotected strikes, on the other hand occur when employees don't follow the correct procedures of the Labour Relations Act before taking part in a strike. In this case, they aren't protected from being dismissed.

As an employer, you must bear in mind factors like fairness before you dismiss employees in an unprotected strike

Find out which of your employees can't take part in a strike

Sometimes as an employer, you're faced with thousands of people who aren't your employees picketing in your premises and causing more harm than good. With the new labour legislation you can avoid crippling disruptions like these from happening at your company.
The new labour legislation states that only a registered trade union can authorise a strike by its members.

The new proposed amendment also says that employees in essential services such as teachers, nurses, immigration officers, judicial officers, judges, and police officers aren't allowed to strike.
The wave of strikes in South Africa has resulted in you as the employer raising concerns about your employees not following the correct processes. This will be a thing of the past under the new labour legislation, which will strike a balance and protect you the employer, and your workers.

Sign up to the Labour Bulletin to get a free daily email with advice on how to deal with strikes and solutions to all your labour problems.

Vote article

Find out what the new labour legislation means to you when employees strike
Note: 5 of 1 vote

Related articles

Related articles

Related Products