Every worker has the right to strike: What you need to know for the #SAFTUstrike

In a country, as politicised as South Africa, protest action has naturally gained a terrible reputation. However, every worker has the right to strike. 

Conversely, your employer has the right to lock out employees if you do not comply with the relevant legislation. The Labour Relations Act 66 (LRA) of 1995 defines a strike as: “The partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between employer and employee and every reference to ‘work’ in this definition includes overtime work, whether it is voluntary or compulsory.”

Labour law consultant, Kaylie Henderson from the human resources and labour law services firm, Henderson Butho Consulting explained the labour laws.

What should you know if you want to strike?

During legal strikes workers may not… 

– be dismissed; or
– have civil legal proceedings brought against them.

However, during legal strikes, employers…
– do not have to pay workers, unless workers ask that payment in kind (accommodation, food, basic amenities) be continued; and
– may fairly dismiss a worker for misconduct or for operational needs.

Also read: 10 things you need to know about the #SAFTUstrike tomorrow

How do you ensure your strike is considered a protected strike?

1. The issue in dispute must be referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) or Bargaining Council
2. Before a strike notice is issued:
   A. 30 days must lapse from when the dispute was received by the CCMA or Bargaining Council; or
   B. A certificate must be issued stating that the dispute remains unresolved.
3. A written notice of the intention to strike/commencement of the strike must be issued a minimum of 48 hours prior to the commencement of the strike.

If you plan to take action against your employer, ensure that you comply with all legislation and remember to keep your message salient. When employees choose to strike, it is because there is a genuine issue which requires attention from the employer. However, violent strike action detracts from the intention behind the strike and ultimately shifts the focus from where it should be.

Details: Henderson and Butho Consulting, 082 711 4645.

https://sandtonchronicle.co.za/201507/10-things-need-know-saftustrike-tomorrow/