Labour Relations Act Summary Pdf
Trade unions recognised by employers as the bargaining agent for all employees have special rights. They must also have reasonable access to documents and objects relevant to the charge. However, agreements on training schemes, provident or pension funds, medical schemes and similar benefit schemes can be extended by the minister to cover all employers and employees in that sector. The appropriate manager must inform the employee that a failure to heed a final written warning may result in their being fired.
Strikes and lockouts may be held over disputes about matters of mutual interest between employers and their employees. Once the appeal has been considered and granted, it must be heard within seven days from the day the request was made. Written warnings remain valid for six months. The appropriate manager may only issue a written warning after meeting with the employee concerned. The courts have endorsed the concept of corrective or progressive discipline.
Always state the date, time, and place where the notice was served. The employer must have a disciplinary code that ensures that the discipline is meted out progressively.
All official documentation issued by The Department of Labour, and other government agencies are free and are not for sale. The Labour Court has the power to order reinstatement or compensation, but their power is not limited to this. The purpose of the labour relations act is not only to protect everyone in the workplace but to also promote economic development, fair labour practices, peace, democracy and social development. Transfer of a contract of employment is discussed in Section of the Labour Relations Act. Summary of the Labour Relations Act, contemporary linguistic analysis 7th edition pdf no.
Starting a new job, especially if it is your first, can be exciting and overwhelming at the same time. In the past trade unions struggled to secure organizational rights such as permission to enter a workplace or conduct union meetings there. Representatives are also entitled to a reasonable amount of paid leave in order to perform these tasks.
What Rights do Forum Representatives Have? The Act also makes provision for workplace forums, which encourage all employees even non-trade-union members to participate in furthering their interests in the workplace. Please refer to the latest legislation applicable. Certain workplace issues are set aside by the Act as joint decision-making issues. Articles All articles are archived and might not support current legislation.
Workers have a constitutional right to strike, but they must follow proper procedure. As with strike action, there are protected lockouts and unprotected lockouts.
Refusal to work only constitutes a strike if two or more workers participate. It is not necessary to issue a written warning.
It also grants employers recourse to lock out employees. It is usually referred to as retrenchment.
Summary of the Labour Relations Act no. 66 of (With Amendments) - ESST
Parties may object referral to the Labour Court within five days of receipt of the application, together with the grounds for objection. All employers should adopt disciplinary rules that establish the standard of conduct required of their employees. If a dismissal is automatically unfair, or if a dismissal based on the employer's operational requirements is found to be unfair, the Labour Court may also make any another appropriate order. The Amendments Act distinguishes between different types of retrenchement, and there are various procedures for retrenchment which must be followed.
Summary of the Labour Relations Act. The employee must be given an opportunity to explain his or her conduct. Botswana College of Distance and Open learning. Participation in workplace decision-making. At the conclusion of the hearing the chairperson shall make a finding of guilty or not guilty.
Before deciding what form of disciplinary action is appropriate, the management must first meet the employee concerned and explain the nature of the rule that has allegedly been broken. Exceptions As with protected strikes, there are some cases in which this procedure does not have to be followed.
They will then confirm, vary or uphold any appeal. However, if the employee caused unreasonable delay in initiating the claim, compensation is not payable for that period of delay.
There was a problem downloading your document, please try again. Employees must be informed that they are allowed to have a representative at the hearing a fellow employee or shop steward. Unions that are members of a statutory council will enjoy organisational rights of access, meetings, ballots and stop-order facilitites, even in a workplace that has no union members. The union must be a majority union and it and the relevant employer must both agree to a closed shop system. If there is no private agreement, a workplace forum can only be dissolved if a representative trade union requests a ballot which results in a majority vote in favour of dissolving the forum.
Registration provides some check on abuse, corruption and unconstitutional practices such as racism. Bargaining council agreements cover a wide range of issues e. If the Court finds in favour of the objector, the union, and not the employer, will have to pay compensation. If rejected, the employer must supply the forum with concrete reasons. The agreement only affects these two parties.
The appropriate manager may issue a final written warning after meeting with the employee concerned or after a disciplinary hearing. If the dismissal is confirmed, the date of dismissal shall be that date on which the original decision to dismiss was given. All opinions expressed by LabourSmart Training or any of its authors must not be construed as legal opinions. The system can only be set up if the majority of employees are members of the union. This is negotiated with the employer.
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