Home   About Us | Contacts | Services | Media Desk | Tenders | Vacancies
Site Map
Personal tools
You are here: Home Legislation Acts Labour Relations Read online Amended Labour Relations Act
     Department of Labour Fraud line-08600 22 194   Southern African Development Community  BRICS Business Council
Document Actions

Amended Labour Relations Act

by lloyd last modified 2010-08-25 10:38

44. Ministerial determinations

Labour Relations Act (No. 66 of 1995 )
as amended by the
Amendment - Afrikaans Labour Relations Act 1998, Amendment - Labour Relations Act 1996, Amendment - Labour Relations Act 1998, Amendment - Labour Relations Act 2000, and  Amendment - Labour Relations Act 2002

Chapter 3 : Collective Bargaining

Part E : Statutory Councils

44. Ministerial determinations

(1)           A statutory council that is not sufficiently representative within its registered scope may submit a collective agreement on any of the matters mentioned in section 43(1)(a), (b) or (c) to the Minister. The Minister must treat the collective agreement as a recommendation made by the Employment Conditions Commission in terms of section 54(4) of the Basic Conditions of Employment Act.

(2)           The Minister may promulgate the statutory council's recommendations as a determination under the Basic Conditions of Employment Act if satisfied that the statutory council has complied with section 54(3) of the Basic Conditions of Employment Act, read with the changes required by the context.

(3)           The determination must provide for -

(a)          exemptions to be considered by an independent body appointed by the Minister; and

(b)          criteria for exemption that are fair and promote the primary objects of this Act.

(4)           The Minister may in a determination impose a levy on all employers and employees in the registered scope of the statutory council to defray the operational costs of the statutory council.

(5)           A statutory council may submit a proposal to the Minister to amend or extend the period of any determination and the Minister may make the amendment to the determination or extend the period by notice in the Government Gazette.

<<Table of Contents

Copyright ©2019 The South African Department of Labour:
Home | Disclaimer | PAIA | Privacy PolicyWebmaster