Collective agreements South African labour law

1 collective agreements

1.1 requirements

1.1.1 in writing
1.1.2 registration
1.1.3 content


1.2 binding effect
1.3 contracts of employment
1.4 termination

collective agreements

the main goal of collective bargaining between employer , trade union reach consensus matters , formalise relationship means of collective agreement. collective agreement regulates rights , duties of parties, terms , conditions of employment of workers.

in terms of section 213 of lra, collective agreement written agreement concerning terms , conditions of employment or other matter of mutual interest concluded 1 or more registered trade unions, on 1 hand and, on other

one or more employees;
one or more registered employers’ organisations; or
one or more employers , 1 or more registered employers’ organisations.

the parties, therefore, are

a registered trade union; and
the employer/s and/or registered employers organisation/s.

requirements

there 3 important elements distinguish collective agreement other agreement between employees , employers:

in writing

a collective agreement need not signed parties agreement valid. required agreement in writing. not necessary collective agreement contained in single document. would, however, advisable parties agreement sign single written document, assist in eliminating later disputes whether or not agreement entered into, , content of agreement was.

registration

only registered unions may parties collective agreements, union being unregistered not mean union may not conclude agreement employer; means agreement fall outside scope of lra, , not enforceable in terms of lra. single employer may conclude collective agreement; single employee cannot. reason inequality of power between employer , single employee, , single employee not collective .

content

the definition states topics must regulated collective agreement. must deal terms , conditions of employment, , other matters of mutual interest between parties. terms , conditions of employment relate substantive provisions of employment relationship, working hours, remuneration , leave. collective agreements can regulate granting of organisational rights registered unions.

binding effect

a distinction must drawn between parties agreement , members of parties agreement. section 23 of lra provides following entities or persons bound collective agreement:

the parties agreement;
each party agreement , members of every other party agreement, in far provisions applicable them;
members of registered trade union , employers members of registered employers’ organisation party collective agreement if regulates

terms , conditions of employment; or
the conduct of employers in relation employees or conduct of employees in relation employer.


employees not members of registered trade union or unions party agreement, if

the employees identified in agreement;
the agreement expressly binds employees; and
the trade union or unions represent majority of employees employed in workplace.

a collective agreement binds whole period of collective agreement every person bond in terms of section (1)(c) member @ time became binding, or becomes member after became binding, whether or not person continues member of registered trade union or registered employers’ organisation duration of collective agreement.

contracts of employment

where applicable, collective agreement varies contract of employment between employee , employer if both bound collective agreement.

termination

unless collective agreement provides otherwise, party collective agreement concluded indefinite period may terminate agreement giving reasonable notice in writing other parties.