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Click to edit Master title style,Click to edit Master text styles,Second level,Third level,Fourth level,Fifth level,*,*,Click to edit Master title style,Click to edit Master text styles,Second level,Third level,Fourth level,Fifth level,*,*,1,Trade Union Membership and Collective Bargaining,FEDUSA Collective Bargaining Conference,27/28 January 2021,DEPARTMENT OF LABOUR,2,Introduction,1.Primary Objectives of LRA,2.Governments Approach,3.Strategic objectives of the Department of Labour,4Key Role Players in the Labour Market,Trade unions,Employers Organizations,Barging Councils,3,Primary Objectives Of LRA,To give effect to and to regulate the fundamental rights contemplated in section 23 of the Constitution;,To provide a framework for the determination,through collective bargaining of wages and terms of conditions of employment or any other matter of mutual interest to employees and their trade unions on the one hand and employers and their employers organizations on the other hand;,To promote orderly collective bargaining;,To encourage collective bargaining at sector level;,To promote consultation and joint decision making in the workplace;,To promote the effective resolution of disputes,primarily by way of conciliation;,To give effect to the Constitution of the International Labour Organization(ILO)and those conventions of the International Labour Organization which are ratified by the Republic.,4,Governments Approach,The approach of the Government has always been that the employer and employee parties in a sector,industry,trade or service are best able to deal with matters of mutual interest by themselves through negotiation so as to maintain labour peace.,The States function is to provide the legislative machinery for the interaction of employers and employees in a neutral framework,which balances the power relationship.,The great strength of this approach is that the it is conducive to the regulation of those issues that affect an industry or service as a whole.It is able to set minimum standards and conditions of employment which can be operative throughout a sector with a peace obligation and a prohibition on strikes and lockouts whilst an agreement is in force.,5,Department of Labour Strategic Objectives,Contribute to employment creation,Promote equity in the labour market,Protecting vulnerable workers,Strengthening multilateral and bilateral relations,Strengthening social protection,Promoting sound labour relations,Strengthening the capacity of labour market institutions,Strengthening the institutional capacity of the Department.,6,Key Features of the Labour Market,Employed=12 974 000,Unemployed=4 165 000,Labour Force(EAP)=17 138 000,Not in Labour Force=14 123 000,Population of Working Age=31 261 000,7,Key Role Players in the Labour Market,(1)Registered Trade Unions,Year Numbers Collective Membership,1990 209 2,810 712,1996 334 3,016 933,2000 464*3,552 113,2005 341 3,134 865,2007 261,2021 216,2021 205 3,294 913,2021 200 3,057 772,*Highest no of TU,8,Key Role players cont.,(2)Employers Organizations,Year Numbers,1990 237,1996 196,2000 252*,2005 229,2007 201,2021 180,2021 174,2021 165,*Highest no of EO,9,Labour Relations Amendment Act 2002,As a result of the dramatic increase in new applications for registration.,Brought about by bogus organizations/unions.,Non-compliant organizations/unions.,Guidelines for registration.,Brought more sense to the role-players in the collective bargaining system.,Dissatisfaction from individuals who had to turn to something else for a living.,10,Effects of LRA Amendments,1 January to 31 December,Year,EO Registration Cancelled,T U Registration Cancelled,2002,6,20,2003,32,155,2004,14,36,2005,5,13,2006,10,45,2007,21,47,2008,20,38,2009,21,37,2010,4,20,Total,133,411 =544,11,Trends in Labour Organization Registrations1 Jan to 31 December 2021,119 New applications for registration received,(Trade Unions =85),(Employers Organizations=34),Last 12 months 3 Employers Organizations registered,Last 12 months 16 Trade Union registered,94 Application for registration refused,Trade Unions =72 (2021/2021=84),Employers Organizations=22 (2021/2021)=20),Mostly non-genuineness and not established by members.,In 2021 17 decisions to either refuse an application or cancel registration were challenged in the Labour Court.,12,Labour Court Developments,Union and Emp Orgs whose registration was cancelled only had to appeal to the Labour Court to suspend the decision of the registrar,Consequently,it gave the non-genuine organizations room to continue its practices until the case was heard.,Some cases have been dragging since 2006,At least 15 organizations were functioning on this basis until the CCMA decided to obtain a declaratory Order in 2021 to have certainty whether an appeal suspends the decision of the Registrar.,Court found that the decision of the Registrar is final until a court order is obtained to suspend such decision.,The outcome of the judgment lead to a number of urgent application b
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