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Your employees can not strike in these four instances

by , 01 July 2014
Today, more than 200 000 Numsa members from the engineering, communications and automotive sectors are embarking on a strike over wages.

This strike comes just after the five-month long strike in the mining sector. And there are fears that it'll further cripple the economy.

What's more... There are also reports that Numsa members from Eskom could down tools in the near future if disputes over wages and other issues aren't resolved.

One of the questions that have come up following the crippling strikes and the strikes that are on the cards is whether or not employees can embark on a strike whenever they want to.

Read on to discover the answer.

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There are four instances when your employees can't go on strike

The Labour Law for Managers Loose Leaf Service explains that employees can't take part in a strike if:

#1: They're bound by a collective agreement that prohibits a strike in respect of the issue in dispute.

For example, if a collective agreement provides for a wage increase of 10% for year one, the union can't demand that the increment be increased to 11% for year one.

#2: They're bound by an agreement that requires the issue in dispute to be referred to arbitration.

#3: The issue in dispute is one that a party has the right to refer to arbitration or the Labour Court in terms of the Act.

For example, if you dismiss one of your employees, his fellow employees can't embark on a strike demanding that you reinstate him. And

#4: If that person is engaged in an essential service or a maintenance service.

In South Africa, work done by policeman and women and as well as doctors is regarded as an essential service. These workers can't strike.

There you have it. These are the only instances when workers can't embark on a strike.

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