Civilian Defense Week - (Civilian defense week -plan and suggestions for defense councils1)

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Labour Relations Act, 1995 [No. 66 of 1995] - G 16861

Disputes about unfair labour practices 4. Existing registered trade unions and employers' organisations 6. Pending applications by trade unions or employers' organisations for registration, variation of scope, alteration of constitution or name 7. Industrial councils 8. Pending applications by industrial councils for registration and variation of scope 9.

Pending applications by industrial councils for alteration of constitution or name Pending applications for admission of parties to industrial councils Pending applications to wind up and cancel registration of trade unions, employers' organisations and industrial councils Existing agreements and awards of industrial councils and conciliation boards Public Service Bargaining Council Collective agreements in the public service Education Labour Relations Council Education sector collective agreements Disputes arising before commencement of this Act Fair reasons for dismissal 3.

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Misconduct 4. Fair procedure 5. Disciplinary records 6. Dismissals and industrial action 7. Guidelines in cases of dismissal for misconduct 8. Incapacity: Poor work performance 9. Guidelines in cases of dismissal for poor work performance Incapacity: III health or injury 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.

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Protection of employees and persons seeking employment 1 No person may discriminate against an employee for exercising any right conferred by this Act. However, nothing in this section precludes the parties to a dispute from concluding an agreement to settle that dispute. Employers' right to freedom of association 1 Every employer has the right- a to participate in forming an employers' organisation or a federation of employers' organisations; and b to an employers' organisation, subject to its constitution.

Protection of employers' rights 1 No person may discriminate against an employer for exercising any right conferred by this Act. Procedure for dispute S 3 1 If there is a dispute about the interpretation or application of any provision of this Chapter, any party to the dispute may refer the dispute in writing to- a a council, if the parties to the dispute fall within the registered scope of that council; or b the Commission, if no council has jurisdiction. Burden of proof In any proceedings- a a party who alleges that a right or protection conferred by this Chapter has been infringed must prove the facts of the conduct; and b the party who engaged in that conduct must then prove that the conduct did not infringe any provision of this Chapter.

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Trade union access to workplace 1 Any office-bearer or official of a representative trade union is entitled to enter the employer's premises in order to recruit members or communicate with members, or otherwise serve members' interests. Deduction of trade union subscriptions or levies 1 Any employee who is a member of a representative trade union may authorise the employer in writing to deduct subscriptions or levies payable to that trade union from the employee's wages.

Trade union representatives 1 In this section, "representative trade union" means a registered trade union, or two or more registered trade unions acting jointly, that have as members the majority of the employees employed by an employer in a workplace. Disclosure of information 1 For the purposes of this section, "representative trade union" means a registered trade union, or two or more registered trade unions acting jointly, that have as members the majority of the employees employed by an employer in a workplace.

Restricted rights in domestic sector 1 For the purposes of this section, "domestic sector" means the employment of employees engaged in domestic work in their employers' homes or on the property on which the home is situated. Right to establish thresholds of representativeness 1 An employer and a registered trade union whose members are a majority of the employees employed by that employer in a workplace, or the parties to a bargaining council, may conclude a collective agreement establishing a threshold of representativeness required in respect of one or more of the organisational rights referred to in sections 12, 13 and Certain organisational rights for trade union party to council Registered trade unions that are parties to a council automatically have the rights contemplated in sections 12 and 13 in respect of all workplaces within the registered scope of the council regardless of their representativeness in any particular workplace.

Organisational rights in collective agreements Nothing in this Part precludes the conclusion of a collective agreement that regulates organisational rights. Exercise of rights conferred by this Part 4 1 Any registered trade union may notify an employer in writing that it seeks to exercise one or more of the rights conferred by this Part in a workplace. Disputes about organisational rights 1 Any party to a dispute about the interpretation or application of any provision of this Part, other than a dispute contemplated in section 21, may refer the dispute in writing to the Commission.

Disputes about collective agreements 1 Every collective agreement, excluding an agency shop agreement concluded in terms of section 25 or a closed shop agreement concluded in terms of section 26, must provide for a procedure to resolve any dispute about the interpretation or application of the collective agreement. The procedure must first require the parties to attempt to resolve the dispute through conciliation and, if the dispute remains unresolved, to resolve it through arbitration.

Agency shop agreements 1 A representative trade union and an employer or employers' organisation may conclude a collective agreement, to be known as an agency shop agreement, requiring the employer to deduct an agreed agency fee from the wages of its employees who are identified in the agreement and who are not members of the trade union.

Closed shop agreements 1 A representative trade union and an employer or employers' organisation may conclude a collective agreement, to be known as a closed shop agreement, requiring all employees covered by the agreement to be members of the trade union. Establishment of bargaining councils 1 One or more registered trade unions and one or more registered employers' organisations may establish a bargaining council for a sector and area by- a adopting a constitution that meets the requirements of section 30; and b obtaining registration of the bargaining council in terms of section Registration of bargaining councils 1 The parties referred to in section 27 may apply for registration of a bargaining council by submitting to the registrar- a the prescribed form that has been properly completed; b a copy of its constitution; and c any other information that may assist the registrar to determine whether or not the bargaining council meets the requirements for registration.

The notice must inform the general public that they- a may object to the application on any of the grounds referred to in subsection 4 ; and b have 30 days from the date of the notice to serve any objection on the registrar and a copy on the applicant. Binding nature of collective agreement concluded in bargaining council Subject to the provisions of section 32 and the constitution of the bargaining council, a collective agreement concluded in a bargaining council binds only the parties to the bargaining council who are parties to the collective agreement.

Extension of collective agreement concluded in bargaining council 1 A bargaining council may ask the Minister in writing to extend a collective agreement concluded in the bargaining council to any non-parties to the collective agreement that are within its registered scope and are identified in the if at a meeting of the bargaining council request, I a one or more registered trade unions whose members constitute the majority of the members of the trade unions that are party to the bargaining council vote in favour of the extension; and b one or more registered employers' organisations, whose members employ the majority of the employees employed by the members of the employers' organisations that are party to the bargaining council, vote in favour of the extension.

Appointment and powers of designated agents of bargaining councils 1 The Minister may at the request of a bargaining council appoint any person as the designated agent of that bargaining council to help it enforce any collective agreement concluded in that bargaining council. Any reference in that section to the director for the purpose of this section, must be read as a reference to the secretary of the bargaining council.

Amalgamation of bargaining councils 1 Any bargaining council may resolve to amalgamate with one or more other bargaining councils. Bargaining councils in sectors in public service 1 The Public Service Co-ordinating Bargaining Council may designate a sector of the public service for the establishment of a bargaining council. Schedule 1 deals with the procedure for the establishment of the Public Service Co-ordinating Bargaining Council.

The expenditure incurred for that purpose will be defrayed from public funds. Application to establish statutory council 1 For the purposes of this Part- a "representative trade union" means a registered trade union, or two or more registered trade unions acting jointly, whose members constitute at least 30 per cent of the employees in a sector and area; and b "representative employers' organisation" means a registered employers' organisation, or two or more registered employers' organisations acting jointly, whose members employ at least 30 per cent of the employees in a sector and area.

In Prison for 37 Years, Mumia Abu Jamal Finally has the Right to Defend Himself

The provisions of section 29 deal with the procedure for the registration of a bargaining council. Establishment and registration of statutory council 1 If the registrar is satisfied that the applicant meets the requirements for the establishment of a statutory council, the registrar, by notice in the Government Gazette, must establish the statutory council for a sector and area.

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Establishment and registration of statutory council in absence of agreement 1 If no agreement is concluded in terms of section 40 3 , the commissioner must convene separate meetings of the registered trade unions and employers' organisations to facilitate the conclusion of agreements on- a the registered trade unions to be parties to the statutory council; b the registered employers' organisations to be parties to the statutory council; and c the allocation to each party of the number of representatives of the statutory council.

Powers and functions of statutory councils 1 The powers and functions of a statutory council are- a to perform the dispute resolution functions referred to in section 51; b to promote and establish training and education schemes; and c to establish and administer pension, provident, medical aid, sick pay, holiday, unemployment schemes or funds or any similar schemes or funds for the benefit of one or more of the parties to the statutory council or their members; and d to conclude collective agreements to give effect to the matters mentioned in paragraphs a , b , and c.

Ministerial determinations 1 A statutory council that is not sufficiently representative within its registered scope may submit a collective agreement on any of the matters mentioned in section 43 1 a , b or c to the Minister.

In Prison for 37 Years, Mumia Abu Jamal Finally has the Right to Defend Himself | Dissident Voice

The Minister must treat the collective agreement as a recommendation made by the wage board in terms of the Wage Act. For that purpose the provisions of sections 7 and 9 to 12 of the Wage Act, read with the changes required by the context, apply to the statutory council as if it was the wage board.

Withdrawal of party from statutory council 1 If a registered trade union or registered employers' organisation that is a party to a statutory council withdraws from that statutory council, the Minister may request the Commission to convene a meeting of the remaining registered trade unions or registered employers' organisations in the sector and area, in order to facilitate the conclusion of an agreement on the registered trade unions or the registered employers' organisations to be parties and the allocation of representatives to the statutory council.

Appointment of new representative of statutory council 1 If a representative appointed in terms of section 41 6 or 7 for any reason no longer holds office, the Minister must publish a notice in the Government Gazette inviting interested parties within the registered scope of the statutory council to nominate a new representative.

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