Labor union negotiations and collective bargaining

FAQ for Labor Union Negotiations and Collective Bargaining

What is a labor union?

A labor union is an organization of workers who have come together to achieve common goals, such as better working conditions, higher wages, and job security.

What is collective bargaining?

Collective bargaining is the process by which a union and an employer negotiate the terms and conditions of employment for the union members. This can include wages, benefits, working hours, and other workplace policies.

Is collective bargaining legal in South Africa?

Yes, collective bargaining is legal in South Africa and is protected under the Labour Relations Act.

Who can engage in collective bargaining?

Any registered trade union or employer's organization can engage in collective bargaining.

What is the role of a labor union in collective bargaining?

The role of a labor union is to negotiate on behalf of its members to achieve fair and equitable terms and conditions of employment.

What is the role of an employer in collective bargaining?

The role of an employer is to negotiate in good faith and to make reasonable offers to the union.

What happens if the union and employer cannot reach an agreement through collective bargaining?

If the union and employer cannot reach an agreement through collective bargaining, they may engage in industrial action, such as a strike or lockout. However, there are strict legal requirements that must be followed before such action can be taken.

Can a union represent non-unionized employees in collective bargaining?

No, a union can only represent its own members in collective bargaining. Non-unionized employees must negotiate their own terms and conditions of employment with their employer.

What is a collective agreement?

A collective agreement is a written agreement that sets out the terms and conditions of employment negotiated through collective bargaining between a union and an employer.

Are collective agreements legally binding?

Yes, collective agreements are legally binding and must be adhered to by both the union and employer.

Labour lawyers in South Africa primarily deal with laws and regulations related to employment and labor rights. They handle cases involving issues such as unfair dismissals, discrimination, workplace safety, wages, collective bargaining, and industrial disputes. The main legislation that governs labor relations in South Africa is the Labour Relations Act of 1995, which establishes the rights and obligations of employers, employees, and trade unions. Another significant law is the Basic Conditions of Employment Act, which sets out the minimum standards for employment conditions. Additionally, the Employment Equity Act promotes equality and prohibits unfair discrimination in the workplace. The Commission for Conciliation, Mediation, and Arbitration (CCMA) is a key body responsible for resolving labor disputes. For more information on South African labor laws and relevant governing bodies, you can visit the following links:

1. Labour Relations Act: https://www.acts.co.za/labour-relations-act-1995
2. Basic Conditions of Employment Act: https://www.acts.co.za/basic-conditions-of-employment-act-1997
3. Employment Equity Act: https://www.acts.co.za/employment-equity-act-1998
4. Commission for Conciliation, Mediation, and Arbitration (CCMA): http://www.ccma.org.za/