What is the purpose of the Labour Relations Act 66 of 1995?
This Act regulates the organisational rights of trade unions and promotes and facilitates collective bargaining at the workplace and at sectoral level. It also deals with strikes and lockouts, workplace forums and alternative dispute resolution.
What employees and employers are not covered by the ESA?
Also excluded are babysitters working fewer than 15 hours a week , newspaper carriers attending school and working 15 hours a week or fewer, and persons receiving financial assistance from government while participating in certain government-sponsored employment programs.
Is there a duty to bargain in terms of the LRA 66 of 1995?
The Labour Relations Act 66 of 1995 (LRA) does not include an express duty to bargain much less impose a duty to bargain in good faith. Lesotho and Canada are utilized as examples of countries which have a statutorily imposed duty to bargain on employers with representative trade unions.
What does the Labour Relations Act cover?
Labour Relations Act, 66 of 1995 This Act regulates the organisational rights of trade unions and promotes and facilitates collective bargaining at the workplace and at sectoral level. It also deals with strikes and lockouts, workplace forums and alternative dispute resolution.
Who is CCMA?
The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent body whom employees can approach for assistance in resolving disputes within the workplace in terms of rules governed by the Labour Relations Act (LRA). An employer, union or employer organisation may also refer a dispute to the CCMA.
Can employers ask why you are calling out?
No federal law prohibits employers from asking employees why they are out sick. They are free to ask questions such as when you expect to return to work. They may also require you to furnish proof of your illness, such as a note from a physician.
What are your basic employee rights?
You have three basic rights: the right to refuse dangerous work and know that you’re protected from reprisal. the right to know about workplace hazards and have access to basic health and safety information. the right to participate in health and safety discussions and health and safety committees.
What is a refusal to bargain?
Refusal to bargain is a finding made by the administrative agency indicating that either the employer or the union has failed to bargain “in good faith” according to the requirements of the statute.
Can an employer refuse to bargain with a union?
Employers have a legal duty to bargain in good faith with their employees’ representative and to sign any collective bargaining agreement that has been reached. Refuse to furnish information the union requests that is relevant to the bargaining process or to the employees’ terms or conditions of employment.
What is Section 189 of the Labour Relations Act?
Section 189 of the Labour Relations Act (“LRA”) permits employers to dismiss employees for operational requirements. These are defined as requirements based on economic, technological, structural or similar needs of the employer.
What was the Labour Relations Act of 1995?
Labour Relations Act, 1995 ACT To change the law governing labour relations and, for that purpose- to give effect to section 27 of the Constitution; to regulate the organisational rights of trade unions; to promote and facilitate collective bargaining at the workplace and at sectoral level;
Who is the Labour Relations Board in Ontario?
“Board” means the Ontario Labour Relations Board; (“Commission”) “certified council of trade unions” means a council of trade unions that is certified under this Act as the bargaining agent for a bargaining unit of employees of an employer; (“conseil de syndicats accrédité”)
Who is an accredited employer under the Labour Relations Act?
163.3 (23) Use of submissions under subss. (16) and (19) Consolidation Period: From June 3, 2021 to the e-Laws currency date. “accredited employers’ organization” means an organization of employers that is accredited under this Act as the bargaining agent for a unit of employers; (“association patronale accréditée”)
What was the definition of trade union in 1995?
“trade union” means an organization of employees formed for purposes that include the regulation of relations between employees and employers and includes a provincial, national, or international trade union, a certified council of trade unions and a designated or certified employee bargaining agency. (“syndicat”) 1995, c. 1, Sched.