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.
, on the other hand occur when employees don't follow the correct procedures of the Labour Relations Act
before taking part in a strike
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.
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