VAT increase. What Happens if Employees Don’t Want Agreements? Employees who refuse to belong to a union on the grounds of conscience are called conscientious objectors, and they can ask for their contributions to be paid into a fund run by the DoL. In the case of closed shop agreements, conscientious objectors who are dismissed may challenge their dismissal in the Labour Court. (If the Court finds in favour of the objector, the union, and not the employer, will have to pay compensation.) If, at least three years after a closed shop agreement was made, at least one third of the employees sign a petition to end the agreement, then a ballot must be held to determine whether the agreement should continue. Collective Bargaining The Act promotes what is called centralised collective bargaining. This is when employers in a sector (or area of work) join forces to bargain with one or more unions representing their employees. For example, a group of mining companies might get together to negotiate with mineworkers’ unions. There are three systems for collective bargaining: collective agreements, bargaining councils and statutory councils: Collective Bargaining Statutory Agreements Councils Councils What it is This is a Bargaining This is a simple council weaker agreement agreements version of a between cover a wide bargaining employers range of issues council, as it (e.g. (e.g. wages, cannot be Chamber of benefits and extended to Mines) and a grievance parties union or procedures) outside of the unions (e.g. and extend to council the National all employers without the Union of and employees Minister of Mineworkers). within the Labour’s The council’s scope approval agreement of only affects representivity, as long as
VAT increase. What Happens if Employees Don’t Want Agreements? Employees who refuse to belong to a union on the grounds of conscience are called conscientious objectors, and they can ask for their contributions to be paid into a fund run by the DoL. In the case of closed shop agreements, conscientious objectors who are dismissed may challenge their dismissal in the Labour Court. (If the Court finds in favour of the objector, the union, and not the employer, will have to pay compensation.) If, at least three years after a closed shop agreement was made, at least one third of the employees sign a petition to end the agreement, then a ballot must be held to determine whether the agreement should continue. Collective Bargaining The Act promotes what is called centralised collective bargaining. This is when employers in a sector (or area of work) join forces to bargain with one or more unions representing their employees. For example, a group of mining companies might get together to negotiate with mineworkers’ unions. There are three systems for collective bargaining: collective agreements, bargaining councils and statutory councils: Collective Agreements Bargaining Councils Statutory Councils What it is This is a simple agreement between employers (e.g. Chamber of Mines) and a union or unions (e.g. the National Union of Mineworkers). The agreement only affects Bargaining council agreements cover a wide range of issues (e.g. wages, benefits and grievance procedures) and extend to all employers and employees within the council’s scope of representivity, as long as This is a weaker version of a bargaining council, as it cannot be extended to parties outside of the council without the Minister of Labour’s approval
MRL3702-summary_of_lra.docx