Employment Relations Act
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
Later amending instruments held: Employment Relations (Amendment) Act 2019 (Act No 21 of 2019), Covid-19 (Miscellaneous Provisions) Act 2020, Finance (Miscellaneous Provisions) Act 2022 (Act No 15 of 2022), Finance (Miscellaneous Provisions) Act 2023 (Act No 12 of 2023), Employment Relations (Amendment) Act 2024 (Act No. 17 of 2024), Finance (Miscellaneous Provisions) Act 2024 (Act No. 11 of 2024).
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Sections
- 1 Short title
- 2 Interpretation
- 3 Application of Act
- PART II: REGISTRATION OF TRADE UNIONS
- 4 Application for registration
- 5 Registration of trade unions
- 6 Certificate of registration
- 7 Cancellation of registration
- 8 Register of trade unions
- PART III: CONSTITUTION AND ADMINISTRATION OF TRADE UNIONS
- 9
- 10 Registered office
- 11 Rules of trade unions
- 12 Amendment of rules or change of name
- 13 Membership
- 14 Officers and negotiators
- 15 Amalgamation of trade unions
- 16 Federations and confederations
- 17 Affiliation to international workers’ organisations
- 18 Meetings of trade unions
- 19 Taking of ballots
- 20 Voluntary dissolution of trade unions
- 21 Application of funds
- 21A The Chairperson or Vice-chairperson of the
- PART III: CONSTITUTION AND ADMINISTRATION OF TRADE UNIONS
- 22 Disposal of property
- 23 Keeping of records
- 24 Statements to annual general assembly
- 25 Annual return to Registrar
- 26 Duty to make records available for inspection
- 27 Request for inspection
- 28 Powers of Registrar
- PART IV: PROTECTION OF FUNDAMENTAL RIGHTS
- 29 Right of workers to freedom of association
- 30 Protection of trade union of workers against acts of interference
- 31 Protection against discrimination and victimisation
- 31A
- PART IV: PROTECTION OF FUNDAMENTAL RIGHTS
- 32 Rights of employers
- 33 Protection of trade union of employers against acts of interference
- 34
- PART V: COLLECTIVE BARGAINING
- 35 Promotion of good employment relations
- 36 Application for recognition
- 37 Criteria for recognition of trade union of workers
- 38 Order for recognition of trade union of workers
- 38 Order for recognition of trade union of workers
- 38A Successor rights and obligations
- PART V: COLLECTIVE BARGAINING
- 39 Revocation or variation of recognition of trade union of workers
- 40 Access to workplace
- 41 Access to information
- 42 Time-off facilities
- 43 Check-off agreements
- 44 Order for check-off agreements
- 45 Provisions relating to check-off agreements
- 46 Agency shop agreements
- 47 Application for agency shop orders
- 48 Effect of agency shop orders or agency shop agreements
- 49 Operation of agency shop agreements or orders
- 50 Payments in accordance with check-off agreements or agency shop
- 51 Procedure agreements
- 52 Terms of procedure agreements
- 53 Bargaining procedure
- 54 Unfair labour practices
- 55 Duration of collective agreement
- 56 Application of collective agreement
- 57 Scope of collective agreement
- 58 Variation of collective agreement
- 59 Extension of collective agreement to another employer
- 60 Extension of collective agreement to the whole of the industry
- 61 Registration of collective agreement
- 62 Procedure for interpretation of collective agreement
- 62A Review of wages and conditions of employment by Salary
- PART VI: LABOUR DISPUTES AND DISPUTE SETTLEMENT PROCEDURES
- 63 Voluntary arbitration
- 64 Reporting of labour disputes
- 65 Rejection of labour disputes
- 66 Appeal to Tribunal
- 67 Limitation on report of labour disputes
- 67 Limitation on report of labour disputes
- PART VI: LABOUR DISPUTES AND DISPUTE SETTLEMENT PROCEDURES
- 68 Conciliation service by supervising officer
- 69 Conciliation and mediation
- 69 Conciliation and mediation
- PART VI: LABOUR DISPUTES AND DISPUTE SETTLEMENT PROCEDURES
- 70 Arbitration
- 70A Referral by supervising officer
- 70A Reference by supervising officer
- PART VI: LABOUR DISPUTES AND DISPUTE SETTLEMENT PROCEDURES
- 71 Exclusion of jurisdiction of Tribunal
- 72 Award and its effects
- 73 Extension of award to another employer
- 74 Extension of award to the whole of the industry
- 75 Interpretation of award
- PART VII: STRIKES AND LOCKOUTS
- 76 Right to strike and recourse to lockout
- 77 Limitation on right to strike or recourse to lockout
- 78 Strike ballot
- 79 Notice of strike or lockout
- 79A Conciliation service by Minister
- 80 Picketing
- 81 Minimum service
- 82 Acute national crisis
- 83 Legal effect of strike on contract of employment
- 84 Civil and criminal immunity
- PART VIII: EMPLOYMENT RELATIONS INSTITUTIONS
- 85 Establishment of Employment Relations Tribunal
- 86 Functions of Tribunal
- 87 Establishment of Commission
- 88 Functions of Commission
- 89 Reference by Minister
- 90 Establishment and functions of National Remuneration Board
- 91 Reference to Board
- 91 Reference to Board
- 91A Determination of wages on occupational basis
- PART VIII: EMPLOYMENT RELATIONS INSTITUTIONS
- 92 Procedure of Board
- 93 Remuneration Regulations
- 94 Power to make regulations to effect payment of additional remuneration
- 94 Power to make regulations to effect payment of additional remuneration,
- 94 Power to make regulations to effect payment of additional
- PART VIII: EMPLOYMENT RELATIONS INSTITUTIONS
- 95 Effect of Remuneration Regulations
- 96 Employment of disabled or incapacitated person
- 97
- 98 Intervention by Attorney-General
- 98A Establishment of Council
- 98B Objects of Council
- 98C Functions of Council
- 98D Composition of Council
- 98E Meetings of Council
- 98F Commissions
- 98G Functions of Commissions
- 98H Staff of Council
- 98J Annual report
- PART IX: APPLICATION OF ACT TO RODRIGUES
- 99 Establishment of Rodrigues Commission for Conciliation and Mediation
- PART X: OFFENCES AND PENALTIES
- 100 Prevention of intimidation
- 101 Calling and financially assisting unlawful strikes or lock outs
- 102 Offences by trade unions and officers
- 103 Other offences
- 104 Offence by employers
- PART XI: MISCELLANEOUS
- 105 Jurisdiction
- 106 Regulations
- 108 Savings and transitional provisions
- 108 Savings and transitional provisions
- FIRST SCHEDULE
- 1
- 2
- 3 The election and the re-election of the Managing Committee at intervals
- 4 The election or appointment of the officers of the trade union and the
- 5 The powers and duties of the Managing Committee and of each of the
- 6
- 7 (a) The convening and conduct of meetings for the transaction of the
- 8
- 9
- 10
- 11 In the case of a federation or a confederation, the circumstances in
- 12
- 13
- 14
- 15
- 17 The circumstances in which and the procedure, other than expulsion by
- 18
- 19
- 20
- 21 Provisions for acquiring, controlling and disposal of assets, including the
- 22
- 23
- 24 The procedure for the distribution of property and funds in the event of
- 25
- SECOND SCHEDULE
- 1
- 2
- 3
- 4
- 5
- 6
- 7
- 7A
- PART II: COMMISSION FOR CONCILIATION AND MEDIATION ORGANISATION AND SITTINGS OF THE COMMISSION
- 8
- PART III: NATIONAL REMUNERATION BOARD ORGANISATION AND SITTING OF THE BOARD
- 9
- PART IV: PROVISIONS APPLICABLE TO TRIBUNAL, COMMISSION AND BOARD MEMBERSHIP
- 10 (1) A member, other than the President or Vice-president of the Tribunal or
- 11
- 12
- 13
- 14
- 15
- 16
- 17
- 18 (1) In any conciliation or mediation proceedings at the Commission, a party
- 19
- 20
- 21
- 22
- 23
- 24 (1) In relation to proceedings before the Tribunal, the Commission or the
- 25 At any sitting of the Tribunal, the Commission or the Board, any person
- 26
- 27
- FOURTH SCHEDULE
- 1
- 2
- PART II: BASIC EMPLOYMENT RELATIONS PRINCIPLES HARMONIOUS EMPLOYMENT RELATIONS
- 3 Neither management nor trade unions can alone promote and maintain a
- 4
- 5
- 6
- 7
- 9
- 10
- 11
- 12
- 13
- 14
- 15
- 16
- 17
- 18
- 19
- 20
- 21
- 22
- 23
- 24
- 25
- 26
- PART III: RESPONSIBILITIES MANAGEMENT
- 27
- 28
- 29
- 30
- 31
- 32
- 33
- 34
- 35
- 36
- 37
- 38
- 39
- 40
- 41
- 42
- 43
- 44
- PART IV: EMPLOYMENT POLICIES GENERAL
- 45
- 46
- 47
- 48
- 49
- 50
- 51
- 52
- 53 Payment systems vary according to the nature and organisation of the
- 54
- 55
- 56
- 57
- 58 Differences in the conditions of employment and status of different
- 59
- 60
- 61 A policy for dealing with reductions in the workforce, if they become
- 62
- 63
- 64
- PART V: COMMUNICATION AND CONSULTATION GENERAL
- 65
- 66
- 67 When changes in management take place following, for example, a
- 68
- 69
- 70
- 71
- 72
- 73
- 74
- 75
- 76
- PART VI: WORKERS’ PARTICIPATION
- 77
- 78
- 79
- 80
- 81
- 82
- 83
- 84
- 85
- 86
- PART VII: COLLECTIVE BARGAINING GENERAL
- 87
- 88
- 89
- 90
- 91
- 92
- 93
- 94
- 95 The competition among separate trade unions for the right to negotiate
- 96 Recognition agreements applying to an industry and made between
- 97
- 98
- 99
- 100
- 101
- 102 Where 2 or more trade unions seek recognition in respect of the same
- 103 The responsibility to avoid disputes on recognition matters between
- 104 The responsibility of a trade union for the failure of an existing joint
- 105
- 106
- 107 Collective agreements deal with matters of procedures and matters of
- 108
- 109
- 110
- 111 To maintain fair and stable pay structures, an agreement reached at
- 112
- 113 Bargaining in good faith requires the trade union or the group of trade
- 114 Bargaining in good faith does not require a trade union or a group of
- 115 Notwithstanding paragraph 114, bargaining in good faith implies that
- 116 Bargaining in good faith does not prevent the parties from expressing
- 117
- 118
- PART VIII: WORKER REPRESENTATION AT THE PLACE OF WORK
- 119 Workers need representatives to put forward their collective views to
- 120 A workplace representative represents the members of his trade union
- 121
- 122
- 123
- 124
- 125
- 126
- 127
- 128
- 129
- PART IX: GRIEVANCE AND DISPUTE PROCEDURES GENERAL
- 130
- 131
- 132
- 133
- 134
- 135
- 136
- 137
- 138
- 139
- PART X: DISCIPLINARY PROCEDURES
- 140
- 141
- 142
- 143
- 144
- 145
- 146
- 147 When a disciplinary matter arises, the relevant supervisor or manager
- 148 Minor cases of misconduct and cases of sub-standard performance
- 149
- 150
- 151
- 152
- 153
- 154
- 155
- 156 Where the worker objects, on reasonable grounds, to the disciplinary
- 157
- 158
- 159
- 160
- 161
- 162