Labour Law
Collective Bargaining
Collective bargaining is the process of negotiation between employers and trade unions about wages, hours, and conditions of employment. It is a constitutional right.
Legal Definition
Section 23(5) of the Constitution gives every trade union and employer or employer organisation the right to engage in collective bargaining. The LRA encourages collective bargaining at workplace, sectoral, and national level through bargaining councils and workplace forums.
📖 Constitutional / Statutory Basis: Section 23(5), Constitution of the Republic of South Africa, 1996; Labour Relations Act 66 of 1995
Practical Example
The National Union of Mineworkers (NUM) negotiates a wage agreement with a mining house. Once signed, the agreement binds all employees in that bargaining unit, whether union members or not.
Frequently Asked Questions
What is a bargaining council?
A statutory body for a specific sector (e.g., metal, building, catering) where employer organisations and unions negotiate collective agreements binding all employers and employees in that sector.
Must an employer bargain with any union?
Only with a sufficiently representative union. Employers must engage in good faith but are not compelled to agree.
What is a closed shop agreement?
An agreement requiring all employees in a bargaining unit to be members of a specific union as a condition of employment — permissible under the LRA with a two-thirds vote.
Related Terms
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