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 role of a bargaining council?

Generally the principal aim and function of a bargaining council as a collective bargaining and conciliation body, is to maintain labour peace in the sector, over which it exercises jurisdiction, by means of collective agreements in respect of conditions of employment.

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

Who should belong to the bargaining council?

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.

Is it compulsory to belong to a bargaining council in South Africa?

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. Hefty fines can be imposed if an employer fails to comply with the collective agreement of the bargaining council.

Bargaining Council v CCMA

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.

Does bargaining council have jurisdiction?

In light of the above-mentioned case law, it is clear that the CCMA or Bargaining Councils will have the jurisdiction to determine whether a dismissal occurred, and in order to determine the dismissal, the full and final settlement agreement would have to be interpreted.

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.

How do I contact the bargaining council?

Are bargaining councils voluntary?

Participation on a bargaining council remains voluntary but the Act provides a number of inducements for unions and employers to participate, in particular the ability of a council to have its agreement extended to all employers and employees within its jurisdiction.

What are the powers of a delegated agent of a bargaining council?

Powers and functions of bargaining councils include:

making and enforcing collective agreements. preventing and resolving labour disputes establishing and managing a dispute resolution fund. promoting and establishing training and education schemes.

Is a bargaining council a statutory body?

A statutory council is a body established under the Labour Relations Act, 1995, in an area or sector of industry where no bargaining councils exists.

What is meant by collective bargaining?

Collective bargaining is the process in which working people, through their unions, negotiate contracts with their employers to determine their terms of employment, including pay, benefits, hours, leave, job health and safety policies, ways to balance work and family, and more.

What is the purpose of Skills Development Act?

The Skills Development Act aims to expand the knowledge and competencies of the labour force in order to improve productivity and employment. The Main Aims of the Act are: To improve the quality of life of workers, their prospects of work and labour mobility.

How do I register a trade 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.

What does Pscbc stand for?

The Public Service Coordinating Bargaining Council (PSCBC) was established in terms of section 35 of the Labour Relations Act, 1995 (LRA). All other collective bargaining structures for the public sector were also created in terms of this section of the LRA.

What is a work forum?

Workplace forums are committees of employees elected by employees for employees in a workplace. They meet employers on a regular basis for consultation on workplace issues. These bodies are established to promote the interests of all employees in the workplace, not only of trade union members.

What is a bargaining council in South Africa?

Trade unions and employers' organisations may apply to form bargaining councils. Bargaining councils deal with collective agreements, solve labour disputes, establish various schemes and comment on labour policies and laws.

Is there a bargaining council for the mining industry?

The Metal and Engineering Industries Bargaining Council (MEIBC) is a statutory body created under the Labour Relations Act (LRA) to provide for the co-regulation of stable and productive employment relations in the metal and engineering sector.

Is the CCMA a court?

It is trite that the CCMA is an independent juristic body in terms of Section 112 of the LRA. As such it does not have inherent jurisdiction. Further, it does not derive its jurisdiction from common law as in a High Court, but solely from Acts of Parliament.

Are CCMA proceedings Legal proceedings?

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.

What is unfair Labour practice in South Africa?

An unfair labour practice means any unfair act or omission that arises between an employer and an employee, involving: the unfair conduct of the employer relating to the promotion, demotion or training of an employee or relating to the provision of benefits to an employee.

How much money do I get when I resign?

Generally, upon resignation or dismissal, these are the payments you can expect should you resign: an employee is entitled to be paid the notice pay where applicable, salary up to last day worked, plus any outstanding leave pay.

Will I get paid if I resign with immediate effect?

If I Resign With Immediate Effect, Should My Employer Still Pay My Leave Days? According to section 40 of the Basic Conditions of Employment Act (BCEA), it is clear that payments must be made to an employee upon termination of employment, and this includes outstanding leave pay.