| (1) | For protest action to be protected— |
| (a) | the protest action must be called by a registered trade union or federation of trade unions; |
| (b) | the registered trade union or federation of trade unions calling the protest action must have notified NEDLAC of the reasons for and nature of the intended protest action; |
| (c) | the issue giving rise to the intended protest action must concern a matter of socio-economic interest to workers; |
| (d) | the matter giving rise to the intended protest action must have been considered by NEDLAC or any other appropriate forum in which the parties concerned are able to participate in order to resolve the matter; and |
| (e) | at least 14 calendar days before the commencement of the protest action, the registered trade union or federation of trade unions must have served a notice on NEDLAC of its intention to proceed with the protest action. |
| (2) | All employees, regardless of whether they are members of the referring party, may participate in protected protest action after there has been compliance with the requirements of section 77 of the LRA, except employees employed in maintenance or essential services.4 |
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| 4 | For the definitions of "maintenance service" and "essential service" see sections 75(1) and 213 of the LRA respectively. |
