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LABOUR RELATIONS REGULATIONS

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Last checked: 9 October 2019

 

LABOUR RELATIONS ACT

Act 66 of 1995.

LABOUR RELATIONS REGULATIONS
[Updated to 8 July 2016]

GoN R1016, G. 38317 (c.i.o 1 January 2015),
GoN R816, G. 40128 (c.i.o 8 July 2016).

(Publisher’s note – Essential Service Committee Regulations, 2014, have been published as part of this document. Refer to page 31 in this document or page 212 of the original Gazette No. 38317)

The Minister of Labour has, under section 208 of the Labour Relations Act, 1995 (Act 66 of 1995) and after consultation with NEDLAC and the Commission for Conciliation, Mediation and Arbitration, made the regulations in the Schedule.

Schedule

ARRANGEMENT OF REGULATIONS

1. INDEX OF LABOUR RELATIONS REGULATIONS

1. Definitions
2. Services
3. Subpoenas
4. Witness fees
5. Access to documents
6. Fees for documents
7. Form of Requests and Applications
8. Form of Certificates or Particulars
9. Form of Notices, Demands and Appeals
10. Form of Records, Reports, Statements, Lists and Registers
11. Form of Proposals, Resolutions and Referrals
12. Labour Court
13. Chief Directors: Provincial Operations
14. Regional offices of the CCMA

14A. Repeal and savings

15. Short title

1. Definitions

In these Regulations, any word or expression to which a meaning has been assigned in the Act, shall have the meaning so assigned and, unless the context otherwise indicates—

“annexure” means a document attached to these Regulations;

“the Act” means the Labour Relations Act, 1995 (Act 66 of 1995);

“the CCMA or Commission” means the Commission for Conciliation, Mediation and Arbitration;

“the Constitution” means the Constitution of the Republic of South Africa, 1996.

2. Services

Whenever a party is required to satisfy the Registrar that a copy of a referral, objection or other document has been served on another party, the party so required must provide the Registrar with—

(a) a copy of the proof of mailing the referral, objection or other document by registered post to the other party;

(b) a copy of the telegram, telex or telefax communicating the referral, objection or other document to the other party;

(c) a copy of a receipt signed by the other party or on that party’s behalf if the copy of the referral, objection or other document was delivered by hand; or

(d) a statement confirming service signed by the person who delivered a copy of the referral objection or other document to the other party.

3. Subpoenas

(1) A subpoena issued in terms of the Act must be served—

(a) by delivering a copy of it to the person subpoenaed personally;

(b) by sending a copy of it by registered post to the subpoenaed person’s—

(i) residential address;

(ii) place of business or employment; or

(iii) post office box or private bag number; or

(c) by leaving a copy of it at the subpoenaed person’s residence or place of business or employment with a person who apparently—

(i) is at least 16 years of age; and

(ii) is residing or employed there.

(2) A subpoena issued in terms of section 142(1) of the Act must be in the form of annexure LRA 7.16.

(3) A subpoena issued by a designated agent in terms of section 33 read with item 5 of Schedule 10 of Act must be in the form of annexure LRA 3.10.

(4) A subpoena issued by an arbitrator in terms of section 33A(5) / 127(6) read with section 142 must be in the form of annexure LRA 3.10A.

4. Witness fees

(1) The fee payable to a witness in terms of section 142(7) of the Act is the total of—

(a) R300.00 for each day or part of a day during which the witness is required to be present at any proceedings; and

(b) reasonable substantiated travel and subsistence expenses incurred by the witness in order to be present at those proceedings.

(2) Despite subregulation (1), no witness fee may be paid to a person who, at the time of the relevant proceedings, is employed full-time by the state, or is a member of any legislature mentioned in the Constitution.

5. Access to documents

Any person may inspect any document that the Act permits at the Office of the Registrar of Labour Relations, in Pretoria, at any time between 08h30 and 12h00 and between 13h30 and 15h30 on Mondays to Fridays.

6. Fees for documents

(1) Whenever an employer provides an employee with a copy of a collective agreement, arbitration award, or sectoral determination in terms of section 204(c)(i) of the Act, the employer may charge a fee of no more than R0,50 for each page of that copy.

(2) The registrar may charge the fee shown in column 3 of Table LRA 1 for a service listed in column 2 of that Table.

(3) All fees referred to in subregulation (2) must be paid in advance in revenue stamps.

Table LRA 1

Table of Document Fees

7. Form of requests and applications

(1) Whenever a request or application is contemplated in terms of a section of the Act shown in column 1 of Table LRA 2 for a purpose listed in column 2 of that Table, the request or application must be in the form of the annexure listed opposite that section number in column 3 of that Table, and must be produced subject to any conditions listed opposite that section number in column 4 of that Table.

(2) The Registrar has the power to assign an official to—

(a) verify from the membership lists the figures furnished in respect of representativeness in an industry or sector; and

(b) check that applications lodged with the registrar’s office meet the requirements.

TABLE LRA 2

Table of Requests and Applications

8. Form of certificates or particulars

(1) A certificate issued in terms of section 64(1)(a)(i), 135(5)(a) or 136(1)(a) of the Act must be in the form of annexure LRA 7.12.

(2) Whenever a certificate or statement of particulars is contemplated in terms of a section of the Act shown in column 1 of Table LRA 3 for a purpose listed in column 2 of that Table, the document must be in the form of the annexure listed opposite that section number in column 3 of that Table, and must be produced subject to any conditions listed opposite that section number in column 4 of that Table.

TABLE LRA 3

Table of Certificates and Particulars

9. Form of notices, demands and appeals

Whenever a notice, demand or appeal is contemplated in terms of a section of the Act shown in column 1 of Table LRA 4 for a purpose listed in column 2 of that Table, the document must be in the form of the annexure listed opposite that section number in column 3 of that Table, and must be produced subject to any conditions listed opposite that section number in column 4 of that Table.

TABLE LRA 4

Notices, Demands and Appeals

10. Forms of records, reports, statements, lists and registers

Whenever a record, report, statement, list or register is contemplated in terms of section of the Act shown in column 1 of Table LRA 5 for a purpose listed in column 2 of that Table, the document must be in the form of the annexure listed opposite that section number in column 3 of that Table, and must be produced subject to any conditions listed opposite that section number in column 4 of that Table.

TABLE LRA 5

Records, Reports, Statements, Lists and Registers

11. Form of proposals, resolutions and referrals

(1) A request to the Commission to arbitrate a dispute in terms of sections 16(9), 21(7), 21(11), 22(4), 24(5), 24(6), 45(4), 61(13), 74(4), 86(7), 89(6), 94(4), 133(2)(b), 141(1) or 191(5)(a), 198, 198A - C of the Act, section 10 of the Employment Equity Act, 1998, section 41 of the Basic Conditions of Employment Act, 1997 and section 19 of the Skills Development Act, 1998 must be made in the form of annexure LRA 7.13.

(2) A referral of a dispute to the Commission for conciliation in terms of sections 9(1), 16(6), 21(4), 21(11), 22(1), 24(2), 24(6). 26(11), 45(1), 61(10), 63(1), 64(1)(a), 64(2), 69(8), 74(1), 86(4)(b), 89(3), 94(1), 134, 191(1), 198, 198A - C of the Act, section 10 of the Employment Equity Act, 1998, sections 41 and 80 of the Basic Conditions of Employment Act, 1997, and section 19 of the Skills Development Act, 1998 by the Commission, must be made in the form of annexure LRA 7.11.

(3) Whenever a proposal, resolution or referral is contemplated in terms of a section of the Act shown in column 1 of Table LRA 6, for a purpose listed in column 2 of that Table, the document must be in the form of the annexure listed opposite that section number in column 3 of that Table, and must be produced subject to any conditions listed opposite that section number in column 4 of that Table.

TABLE LRA 6

Proposals, Resolutions and Referrals

12. Labour Court

The oath to be taken or solemn affirmation to be made before the Judge President of the Labour Court in terms of section 154(6) of the Act by a person who has be appointed a judge of the Labour Court and who is not a judge of a High Court, must be in the following form:

“I...................................swear / solemnly affirm that, as a Judge of the Labour Court, I will be faithful to the Republic of South Africa, will uphold and protect the Constitution; and will administer justice to all persons alike without fear, favour or prejudice, in accordance with the Constitution and the law.”

(In the case of an oath: “So help me God”.)

13. Chief Director: Provincial Operations, Department of Labour

Whenever the Act or a regulation requires a document to be delivered to the Provincial Executive Manager of the Department of Labour within a particular jurisdiction, any document in respect of a matter within a geographical jurisdiction listed in column 1 of Table LRA 7 must be delivered to the Provincial Executive Manager, Department of Labour at the address shown opposite that jurisdiction in column 2 of that Table.

TABLE LRA 7

Chief Director: Provincial Operations

14. Regional Offices of the CCMA

14A. Repeal and savings

(1) The regulations published under Government Notice R. 1442 of 10 October 2003, as amended by Government Notice R. 1176 of 7 November 2008, are hereby repealed.

(2) Anything done under a provision of the regulations repealed by subregulation (1) which could have been done under a provision of these Regulations, shall be regarded as having been done under the provision of these Regulations.

[Reg 14A ins by reg 2 of GoN R816 in G. 40128.]

15. Short title

(1) These Regulations are called the Labour Relations Regulations.

(2) These Regulations come into operation on 1 January 2015.

 

2. INDEX OF FORMS ANNEXED TO REGULATIONS

(Please note that copies of the above forms will be provided upon request. Kindly refer to our website for our contact details.)

 

(Please note that copies of the above forms will be provided upon request. Kindly refer to our website for our contact details.)

 

(Please note that copies of the above forms will be provided upon request. Kindly refer to our website for our contact details.)

 

ESSENTIAL SERVICE COMMITTEE REGULATIONS, 2014

The Minister of Labour has under section 70F(1) of the Labour Relations Act, 1995 (Act 66 of 1995), and after consulting the Essential Service Committee, made the Regulations in the schedule.

SCHEDULE

PART A

ESSENTIAL SERVICE INVESTIGATION

1. Request for investigation

A Bargaining Council or any interested party may in writing request the Committee to investigate whether the whole or part of any service should be designated as an essential service.

2. Representations to Committee

(1) If the Committee has given notice of an investigation in terms of section 71(1) of the Act as to whether the whole or part of any service should be designated as an essential service, any interested party may submit written representations to the Committee within the time periods specified in the notice.

(2) An interested party submitting written representations in terms of subregulation (1) must—

(a) state the nature of its interest in the investigation;

(b) indicate whether or not they require an opportunity to make oral representations to the Committee, as contemplated by section 71(2)(b) of the Act;

(c) specify in an affidavit the factual evidence which forms the basis of its representations to the Committee;

(d) identify any expert witness it intends to call and provide an affidavit containing a summary of that witness’ evidence;

(e) provide a statement of the legal issues that arise from the material facts, containing sufficient particularity to enable other interested parties to reply;

(f) list any documents it intends to rely upon as part of its representations and attach a copy of those documents to its affidavit; and

(g) specify a physical, postal and electronic address at which it will receive notices and other documents.

(3) The Committee may request interested parties to file additional written representations on issues specified by the Committee, within a period specified in the request.

(4) The Committee may direct parties to—

(a) serve their representations in terms of subregulation (1), and any additional representations in terms of subregulation (3), on other interested parties;

(b) file with the Committee proof that they have served such representations, at an address specified by such a party in terms of subregulation 2(g).

3. Notice of hearing

(1) The Committee must notify all interested parties in terms of section 71(5) of the Act of the place and time at which the Committee will hold a hearing, unless no interested party has requested an opportunity to make oral representations.

(2) In addition to the notification in terms of subregulation (1), the Committee must at least 21 days before a hearing, publish a notice stating the place and time of the hearing—

(a) in a national newspaper; or

(b) if the investigation is limited to a specified area, in a newspaper circulating in that area.

4. Pre-hearing conference

(1) The chairperson, or in his absence the deputy chairperson person may—

(a) prior to holding a hearing, request all or some of the interested parties who have requested an opportunity to make oral representations to attend a pre-hearing conference; and

(b) at any stage, direct that a pre-hearing conference held in terms of paragraph (a) be chaired by the chairperson, the deputy chairperson or a senior commissioner.

(2) The purpose of a pre-hearing conference is to attempt to reach consensus between the parties on—

(a) identifying facts that are common cause between some or all of the interested parties;

(b) identifying facts that are in dispute between some or all of the interested parties;

(c) identifying issues on which oral representations may be made;

(d) the preparation of documents for submission to the Committee and exchange of documents among interested parties,

(e) the necessity for on-the-spot inspections; and

(f) dealing with any other matter which may facilitate or expedite the conduct of the hearing.

(3) The interested parties attending a pre-hearing conference must prepare and sign a minute of the pre-hearing conference.

(4) In the case of a conference contemplated by subregulation 1(b), the person chairing the conference must prepare the minute for signature by the parties.

5. Persons appointed to assist Committee conduct investigation

(1) A person appointed to assist the Committee in terms of section 70B(3) of the Act may be—

(a) a senior commissioner;

(b) any other commissioner, with appropriate expertise;

(c) any other person, who the Committee considers to have appropriate expertise.

(2) The Committee must specify in writing the matters that a person who has been appointed in terms of this regulation must submit a report on to the Committee.

(3) The Committee may request a person appointed in terms of this regulation to include in their report a recommendation as to whether—

(a) the whole or part of a service should be designated as an essential service;

(b) the Committee should issue an order in terms of section 72(1)(a) of the Act directing one or more registered trade unions and employers’ organisations or employers to negotiate a minimum services agreement in respect of the whole or part of a service that has been designated as an essential service.

(4) The Committee may call any person who has prepared a report in terms of this regulation to give evidence to the Committee.

6. Inspection and copying of representations

(1) An interested party may inspect written representations made in terms of section 71(2) at the Commission’s head office.

(2) The prescribed fee for obtaining a copy of, or extract from, a written representation is R2.50 per page or such other amount as may be determined by the Committee from time to time.

7. Hearing of evidence

(1) An interested party may make oral representation to the Committee—

(a) if it has filed written representations in compliance with regulation 2; or

(b) if it has not filed written representations in compliance with regulation 2, the interested party shows good cause for its failure to do so.

(2) The Committee—

(a) must determine which persons, including any person identified by an interested party in their representations, may give evidence;

(b) must administer an oath or accept an affirmation from any witness in accordance with section 142(1)(e) of the Act;

(c) may permit any interested party to present the evidence of a witness identified by that party;

(d) may address questions to any witness; and

(e) may permit any other interested party to cross-examine a witness on any relevant issue in respect of which there is a dispute of fact.

8. Variation or cancellation of the whole or part of a designation of an essential service

Parts A and C of these regulations apply, with the changes required by the context, to any request for, or investigation into, the variation or cancellation of the designation of the whole or part of a service as an essential service in terms of section 71(9) of the Act.

PART B

DISPUTES AND REFERRALS

9. Disputes about whether a service is an essential service

(1) Any party who alleges that a dispute as contemplated by section 73(1)(a) or (b) of the Act exists may refer the dispute by submitting Form “LR 4.2” together with an affidavit setting out the evidence and legal submissions on which it relies.

(2) If the applicant in a dispute relating to section 73 of the Act alleges that the referral is urgent, the applicant must state in its affidavit the grounds of urgency in sufficient detail for the Committee to make a determination on the issue of urgency.

(3) The other parties to a dispute in terms of section 73(1) of the Act may submit written representations in the form of an affidavit within 21 days of receiving the referral or, in the case of a referral which is urgent, such shorter period as the Committee may determine.

(4) The Committee may require the parties to submit any further information relevant to the dispute or application in writing within such a period as the Committee may determine, including argument on any legal issue raised by the dispute.

(5) The Committee may request the parties to the dispute to attend a pre-hearing conference in order to expedite the hearing of the matter. In the case of an urgent matter, the Committee may give any directive regarding a pre-hearing conference, including a directive that a pre-hearing conference not be held due to the urgency of the matter.

(6) If the Committee decides that a matter is urgent, the Committee may make an interim order in respect of the dispute or application pending a final determination.

(7) The Committee, when determining the matter is urgent, may give its decision to the parties as soon as is practically possible; however, full reasons for the decision may be given at a later stage.

10. Determination of minimum services

(1) Any party who alleges that a dispute about minimum services as contemplated by section 73(1)(c) or (d) exists may refer the dispute by submitting Form LRA Form 4.8A together with an affidavit setting out the factual grounds upon which it relies.

(2) Regulations 9(2) to (7) apply to any dispute referred in terms of this subregulation (1).

(3) The Committee may determine the minimum services that are required to be maintained in an essential service, irrespective of whether any party has referred a dispute to it in terms of section 73(1)(d) of the Act.

11. Ratification of collective agreement providing for maintenance of minimum services

(1) A request by parties to a collective agreement to have the agreement ratified in terms of section 72(3) of the Act must be made by attaching the collective agreement to Form LR 4.8.

(2) The Committee may require the parties to submit further written representations in regard to any matter relevant to the request for ratification.

(3) The Committee may require the parties to appear before it in order to deal with any matter relevant to the request.

(4) As soon as is reasonably practical after receiving the request, the Committee must either ratify or refuse to ratify the relevant provisions of the collective agreement and notify the parties of its decision in writing.

(5) The Committee must, within 21 days of a request by any party to a collective agreement, provide brief reasons for its refusal to ratify the provisions of the collective agreement in terms of this regulation.

12. Application for maintenance service determination

(1) An application in terms of section 75(2) of the Act must be made on Form LR 4.3, together with an affidavit.

(2) The provisions of regulation 9(2) to (7) apply, with the changes required by the context, to any referral in terms of this regulation.

13. Conduct of hearings in terms of section 73 or 75 of the Act

(1) As soon as reasonably practical after receiving the referral application in terms of section 73 or 75 of the Act respectively, the Committee must notify the parties in writing of the place and time of the hearing. The place and time of the hearing must be determined with due regard to urgency.

(2) The Committee may decide that the dispute or application is capable of determination on the written representations or that it will hear oral evidence.

(3) If the Committee decides that the matter is capable of determination on the written submissions before it, the Committee may hear argument from the parties and then make its determination.

(4) If the Committee decides that it requires oral evidence, it must identify the issues on which it wishes to hear evidence and notify the parties of its decision in this regard at least seven days before the hearing.

(5) Despite the provisions of subregulation (3), the Committee may during a hearing, direct that oral evidence be heard in which case the provision of subregulation (4) will apply.

(6) The provisions of regulation 7 apply if oral evidence is heard.

(7) If the Committee decides that a matter is urgent, the Committee may make an interim order in respect of the dispute or application pending a final determination.

(8) The Committee, when determining the matter is urgent, may give its decision to the parties as soon as is practically possible; however, full reasons for the decision may be given at a later stage.

PART C

GENERAL PROVISIONS

14. Appointment of panels

(1) The chairperson, or in his absence the deputy chairperson, has the power to appoint a senior commissioner to preside at a panel hearing in terms of section 70C(2) of the Act.

(2) An invitation to the employer and trade union parties participating in a hearing to nominate an assessor in terms of either section 70C(4)(b) or 5(b) of the Act, must be made in writing to—

(a) the employer and trade union parties participating in the hearing; and

(b) in the case of an investigation in terms of section 70(1) of the Act, the employer and trade union parties that have made written representations in terms of section 71(2) of the Act and requested an opportunity to make oral representations.

15. Condonation

The Committee may, at the request of any party to any proceedings before the Committee and on good cause shown, condone any non-compliance with the provisions of these Regulations, subject to such conditions as the Committee may in the circumstances consider appropriate.

16. Service and filing of documents

(1) Any party filing a notice, representation or other document with the Committee in terms of the Act or the regulations must file the original and three copies with the head office of the Commission, as specified from time to time in the Rules of the Commission.

(2) If a matter is being dealt with by a panel of five members, the Committee may require interested parties to file five copies of all notices, representations or documents.

(3) The provisions of Part One of the Rules of the Commission, read with the changes required by the context, apply to the service and filing of any notice, representation or other document in respect of proceedings before the Commission.

17. Powers of Committee

(1) The Committee may exercise any of the powers of a Commissioner in terms of section 142(1) to (7) of the Act, read with the changes required by the context.

(2) Contempt of the Committee is regulated by sections 142(8) to (12) of the Act, read with the changes required by the context.

(3) No proceedings of the Committee shall be invalid by reason of the fact that any member was not present during the whole or part of any proceedings.

18. Postponements

The provisions of Rule 23, read with the relevant provisions of Rule 31, of the Rules of the Commission and the changes required by the context, apply to any application for a postponement.

19. Recordings of Committee’s proceedings

The provisions of Rule 36 of the Rules of the Commission, read with the changes required by the context, apply to the recording of the proceedings of the Committee.

20. Definitions

In these Regulations, any word defined in the Act has that meaning, unless the context indicates otherwise, and—

“Act” means the Labour Relations Act, 1995 (Act 66 of 1995) and any reference to a form refers to the relevant form published in the Labour Relations Regulations, 2014;

“Committee” means the Essential Services Committee established in terms of section 70 of the Act and, in these regulations, any reference to—

(a) the chairperson or deputy chairperson is a reference to the chairperson or deputy chairperson of the Committee;

(b) the Committee includes a panel appointed in terms of section 70C, in respect of a matter assigned to such a panel;

(c) “Commission” means the Commission for Conciliation, Mediation and Arbitration established in terms of section 112 of the Act;

(d) “Rules of the Commission” means the Rules for Conduct of Proceedings before the Commission, in force at any time;

(e) “Senior Commissioner” means a senior commissioner contemplated by section 70C(3) of the Act.

21. Short title

These Regulations shall be known as the Essential Service Committee Regulations.

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