A bargaining council is a body that is established by one or more employers' organisations and one or more trade unions. It must be registered under the Labour Relations Act for a particular industry. This means that there are restrictions on what kind of dispute specific bargaining councils may hear.

Do I have to belong to a bargaining council?

An employer is legally obligated to register with that specific bargaining council, if the CORE FUNCTION of the employer is prescribed in the scope of application of any bargaining council. The employer must also comply with the terms and conditions as set out in the collective agreement of the bargaining council.

What is the difference between bargaining council and CCMA?

Whilst they generally both perform the same function, certain industries have a Bargaining Council, some examples are: the motor industry, restaurants, engineering and hairdressing. If there is not a Bargaining Council in a particular industry, the CCMA will then deal with the dispute.

What is the difference between a statutory council and a bargaining council?

The Statutory Council can negotiate aspects such as training and education, as well as benefit funds in the sector, in addition to dispute resolutions. Unlike with the Bargaining Council, the employers under the Statutory Council are not under any obligation to negotiate any employment conditions or wages.

Are bargaining councils voluntary?

Unfortunately, even if the employees are not happy with being registered at the Council, an employer who falls under the scope of a Bargaining Council must register with the Council. Registration is not voluntary for employer or employee.

Bargaining Council v CCMA

What do bargaining councils deal with?

Bargaining councils deal with collective agreements, solve labour disputes, establish various schemes and comment on labour policies and laws.

Who can join bargaining Council?

A Bargaining Council can be established by either one or more Employers Organisations or Workers Unions. They must be registered under the Labour Relations Act for a specific sector or industry. A list of registered Bargaining Councils can be found on the CCMA or Department of Labour website/s for ease of reference.

How many bargaining councils are there in South Africa?

How many bargaining councils are there in South Africa? There are currently approximately 55 functioning bargaining councils in the private sector, with a further five (including the overarching one) covering public servants, one in local government, and one for parastatal Transnet.

Does bargaining council have jurisdiction?

Whether a Bargaining Council has jurisdiction over the parties to the dispute. If a dispute should have been referred to private conciliation. Whether on the face of it, the dispute referred for conciliation is not one contemplated by the Act. Where the referral was not in terms of the rules.

How do I contact the bargaining council?

Head Office

1. (031) 201-8210.
2. (031) 201-9788.
3. Private Bag X16, Musgrave, 4062.
4. 461 King Dinuzulu Road (South), Berea, Durban, 4062.
5. [email protected]

What steps can an employee take if unfairly dismissed?

If a dismissal is determined to be unfair, the employee may be reinstated, re-employed, or receive financial compensation. The dismissed employee is likely to receive compensation if: The employee does not wish to be reinstated.

How long does a CCMA case take?

Generally a date for arbitration is provided by the CCMA within 21 days after Conciliation is heard. After the hearing, wait for the ruling from the CCMA. The commissioner will make a final and binding decision, called an arbitration award, within 14 days.

How many days do you have to refer a matter to CCMA?

An employee must refer the case to the CCMA within 90 days after the practice took place, or within 90 days after the employee became aware of the practice. An employee must refer the case to the CCMA within six months after the discriminatory action took place.

How long does it take for bargaining council to pay out?

Assuming your tax affairs are in order, a pay-out usually takes around 4-8 weeks from that point. If you belong to an industry (bargaining council fund) then there is usually a mandatory waiting period which can be up to six months long.

What is a bargaining certificate?

The certification process formalizes the collective bargaining relationship. Once a union is certified for a group of employees, the union becomes their exclusive bargaining agent. Unless the bargaining unit is later decertified, the employer is required to bargain in good faith to reach a collective agreement.

Is bonus compulsory in South Africa?

Firstly, it is necessary to understand that there is no statutory requirement in labour law to pay bonuses of any sort, and any such payments that are made are not regulated by labour legislation.

What is the meaning of retrenched employee?

Retrenchment is a form of dismissal due to no fault of the employee, it is a process whereby the employer reviews its business needs in order to increase profits or limit losses, which leads to reducing its employees.

What matters can the CCMA hear?

What labour matters can the CCMA hear? The CCMA has jurisdiction throughout South Africa. This means it can hear labour matters from any part of South Africa.

What authority does the CCMA have?

At arbitration the CCMA has the power to uphold or to dismiss a claim provided it has the power or competence to do so.

What is a work forum?

Workplace forums are committees of employees elected by employees in a workplace. They meet employers on a regular basis for consultation on workplace issues.

How do I register a trade union?

Application for Registration

1. The name, occupation and address of the members who all are making the application;
2. The name of the Trade Union and the address of its head office; and.
3. The titles, names, ages, addresses and occupations of the office-bearers of the Trade Union.

How do I register a union in South Africa?

To register a trade union, you must apply to the Registrar of Labour Relations at the Department of Employment and Labour. A trade union is an organisation of workers that promotes and protects the interests of its members in issues such as wages and working conditions, especially through negotiations with employers.

Can a lawyer represent you at CCMA?

With any other type of dismissal or dispute, legal representation is automatically allowed. However, legal representation at the CCMA is not allowed during conciliation proceedings.

How do you prove unfair dismissal?

To prove that a dismissal was automatically unfair, the reasons that prompted the employer to dismiss the employee must be identified and it must be established that the employer was motivated by one or more of the reasons listed to get rid of the employee.

How can an employee win a CCMA case?

Prove you have been dismissed, only if that is in dispute;

1. The Presiding Commissioner will usually ask the employee to start the proceedings when the dismissal is disputed;
2. The employee can prove a dismissal by: proving that an employment relationship existed between the parties;