Labour Law
Strike Action
A strike is protected collective action where employees stop work to advance a mutual interest. Protected strikes cannot result in dismissal; unprotected strikes expose employees to discipline.
Legal Definition
Section 64 of the Labour Relations Act 66 of 1995 grants employees the right to strike. A protected strike requires: (1) a dispute has been referred to the CCMA or bargaining council, (2) a certificate of outcome or 30 days have passed, (3) 48 hours' written notice to the employer.
📖 Constitutional / Statutory Basis: Section 23(2)(c) (right to strike), Constitution of the Republic of South Africa, 1996; Labour Relations Act 66 of 1995
Practical Example
Workers at a factory want a 10% wage increase. After failed conciliation, they give 48 hours' strike notice. The strike is protected — the employer cannot dismiss them for participating.
Frequently Asked Questions
Can I be dismissed for participating in a protected strike?
No — unless you commit misconduct during the strike (e.g., violence, property damage). Dismissal for protected strike participation is automatically unfair.
Does an employer have to pay employees during a strike?
No. The employer is not obliged to pay wages during a strike — this is the "no work, no pay" principle.
What is a lock-out?
The employer's equivalent of a strike — the employer excludes employees from the workplace to compel them to accept demands. Protected under the same LRA provisions.
Related Terms
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