The Labour Relations Act (No 66 of 1995) governs how employers and employees should deal with each other and what rights trade unions and employer organisations have in the workplace. It is not about terms and conditions of employment. The LRA deals with rights of individuals regarding fairness, bargaining and dispute resolution and rights and obligations of trade unions.

WHO IS COVERED BY THE LRA?

Except for members of the South African National Defence Force, National Intelligence Agency and Secret Service, all employees are covered by the LRA. So this includes, farmemployees, domestic employees and public sector employees (such as teachers, nurses, police, etc who work for the state). An independent contractor is not defined as an ‘employee’ and is therefore excluded from the LRA and BCEA provisions.

WHAT DOES THE LRA COVER?

The LRA covers things like:

• Rights of employees to form and join a union
• Rights of employers to form and join an employers’ organisation
• The rights of trade unions in the workplace
• Collective bargaining
• Bargaining councils and statutory councils
• The establishment of workplace forums, which allow employees to participate in management decisions at work
• Fair and unfair labour practices
• Procedures that must be followed for dismissals to be fair
• Dispute resolution structures and procedures, including the Commission for Conciliation, Mediation and Arbitration
• Industrial action