Labour Relations Act, 1995 (Act No. 66 of 1995)Codes of Good PracticeCollective Bargaining, Industrial Action and PicketingPart C : Workplace Democracy and Dialogue15. Measures to promote employee participation and dialogue in the workplace |
| (1) | Trade unions, employers and employers' organisations must take the necessary measures to promote workp lace democracy and dialogue in the workplace. These measures may, in terms of the Act, include— |
| (a) | recognising employee representatives elected or appointed by a trade union that the employer recognises or one that represents a significant interest or a substantial number of employees in the workplace; |
| (b) | granting reasonable access and facilities to trade union officials of such trade unions; |
| (c) | promoting employee and trade union participation in consultative forums such as— |
| (i) | health and safety committees under section 19 of the Occupational Health and Safety Act, 85 of 1993 and section 25 of the Mines, Health and Safety Act, 29 of 1996; |
| (ii) | employment equity structures con1emplated in section 16 of the Employment Equity Act, 55 of 1998; |
| (iii) | Skills development forums or related workplace committees, where such structures exist or are established; |
| (iv) | workplace forums as contemplated in sections 80 and 81 of the Act; |
| (d) | in the absence of a workplace forum contemplated in sections 80 or 81 of the Act- |
| (i) | establishing consultative forums in the workplace by collective agreement including a bargaining council agreement; |
| (ii) | extending the terms of reference of the health and safety and employment equity structures to include certain of the consultation matters listed in sections 84 and 85 of the Act. |
| (2) | The promotion of employee and trade union involvement in consultative forums should not undermine collective bargaining or existing workplace arrangements. In order to ensure that these forums are not used to by-pass collective bargaining structures and processes, the forums should where appropriate be designed as follows: |
| (a) | There should be a clear distinction between the structures of collective bargaining (bargaining councils, negotiation procedures in recognition agreements) and the structures of consultative forums which may be elected and inclusive of the different occupational categories irrespective of union membership. |
| (b) | There should be a clear distinction between the matters that form the subject of collective bargaining (such as terms and conditions of employment) and the subject matter of consultation such as employment equity plans, health and safety plans, plans to restructure or introduce new technology or work methods, and plans to change the organisation of work. The list of matters set out in sections 84 and 85 of the Act constitute a useful basis for any agreement on what the trade union and the employers wish to include as matters for consultation. |
| (c) | There should be a clear understanding that the processes and outcomes of collective bargaining and consultation are different. In collective bargaining, the process is negotiation with the outcome being a collective agreement. In consultation, the process is one of informed discussion with the outcome of ensuring that workers' interests and representations are taken into account in the making of managerial decisions. Although there may be consensus at the end of a consultation process, It is not a collective agreement and a trade union not happy with the outcome remains free to declare a dispute and, after conciliation, call a strike. |
| (3) | In the absence of a recognised trade union or a trade union representing a substantial number of employees in a workplace, a workers' committee may be established subject to the following: |
| (a) | It may not be established in order to pre-empt or compete with a trade union representing the employees in the workplace. |
| (b) | It should include any trade union representatives elected by union members. |
| (c) | It should be dissolved if a trade union acquires the right to trade union representatives under section 14 of the Act. |