Labour Relations Act, 1995 (Act No. 66 of 1995)

Regulations

Picketing Regulations

Default Picketing Rules

Notes
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Established in terms of section 69(5) of the Labour Relations Act 66 of 1995 ("the LRA")

 

NOTES

 

1. These Rules are default rules applicable if the employer and trade union parties to the dispute fail to conclude an agreement on picketing rules in terms of section 69(4) of the LRA. The Rules are made in terms of section 69(5) of the LRA and the Commissioner must impose these Rules, in the absence of agreement.

 

2. These Rules are intended to apply to protected pickets only. The Commissioner must ensure that all the requirements in terms of section 69 of the LRA for a lawful picket have been complied with before issuing these Rules, in particular that the picket is authorised.

 

3. These Rules are generic and intended to cover varying circumstances, including
3.1. when strike action or picketing has not yet commenced;
3.2. when parties need to revisit picketing rules;
3.3. different kinds of employment and workplaces.

 

4. These Rules include substantive and procedural rights of the parties deriving from the Act, which the Commissioner or the parties do not have the power to amend.

 

5. These Rules are intended to apply to secondary pickets as well as primary pickets, subject to the different procedural requirements that may apply.