LABOUR RELATIONS ACT - CHAPTER 2
LABOUR RELATIONS ACT - CHAPTER 3
LABOUR RELATIONS ACT - CHAPTER 4
LABOUR RELATIONS ACT - CHAPTER 5
Labour Relations Act
CHAPTER I
Purpose, Application And Interpretation
1.
Purpose of this Act
The purpose of
this Act¹ is to advance economic development, social justice, labour peace
and the democratisation of the workplace by fulfilling the primary objects of
this Act, which are-
(a)
to give effect to and regulate
the fundamental rights conferred by section 27 of the Constitution;²
(b)
to give effect to obligations
incurred by the Republic as a member state of the International Labour
Organisation;
(c)
to provide a framework within
which employees and their trade unions, employers and employers' organisations
can-
(i)
collectively bargain to
determine wages, terms and conditions of employment and other matters of mutual
interest; and
(ii)
formulate industrial policy;
and
(d)
to promote-
(i)
orderly collective bargaining;
(ii)
collective bargaining at
sectoral level;
(iii)
employee participation in
decision-making in the workplace; and
(iv)
the effective resolution of
labour disputes.
1
An italicised word or phrase
indicates that the word or phrase is defined in section 213 of this Act.
2
Section 27, which is in the
Chapter on Fundamental Rights in the Constitution entrenches the following
rights:
(1) Every
person shall have the right to fair labour practices.
(2) Workers shall have
the right to form and join trade unions, and employers shall have the right to
form and join employers' organisations.
(3) Workers and
employers shall have the right to organise and bargain collectively.
(4) Workers shall have
the right to strike for the purpose of collective bargaining.
(5) Employers' recourse
to the lockout for the purpose of collective bargaining shall not be impaired,
subject to subsection 33(l).
2.
Exclusion from application of this Act
This Act does not
apply to members of-
(a)
the National Defence Force;
(b)
the National Intelligence
Agency; and
(c)
the South African Secret
Service.
3.
Interpretation of this Act
Any person
applying this Act must interpret its provisions-
(a)
to give effect to its primary
objects;
(b)
in compliance with the
Constitution; and
(c)
in compliance with the public
international law obligations of the Republic.