It is aimed at the retention of jobs and if the jobs cannot be retained, at ensuring that any process resulting in job losses are fair and the adverse effects of job losses are mitigated. See Section 197 of the Labour Relations Act 66 of 1995 regulates the transfer of a business as a going concern. The Labour Relations Act, 1995 (Act No. M M S MDLADLANA Regulations for the conduct of facilitations in terms of section 189A The Duty on the Employer to Consult prior to Dismissal for Reasons Based on Operational Requirements: Section 189 of the Labour Relations Act 66 of 1995 under the Spotlight TE MANAMELA University of South Africa 1 Introduction Employers are frequently forced to bring changes to their companies because of economic, structural or technological requirements. Section 189 and Section 189 A of the LRA, should however be read together. Section 198(1) of the Labour Relations Act defines ‘temporary employment service’ as follows: Any person who, for reward, procures for or provides to a client other persons- Who [render services to, or] perform work for the client; and . 185. Section 143 of the Labour Relations Act 66 of 1995 (LRA) provides an effective and accessible way to enforce an arbitration award where the award has not been complied with. 66 of 1995) ("the Act") defines a dismissal based on the operational requirements of an employer as one that is based on the economic, technological, structural or similar needs of the employer. Automatically unfair dismissals 188. 1774 of 2006) 2003-10-10 (ZAF-2003-R-75682) Labour Relations Act: Commission for Conciliation, Mediation and Arbitration: Rules for conduct of proceedings (No. (d) The remedy provided in section 68(1) (b) of the Labour Relations Act (the Act) has been used by employers. Employers are often uncertain as to who they should consult with when embarking on a restructuring exercise in terms of section 189 of the Labour Relations Act 66 of 1995, as amended (“the LRA”). Created on 14 May 2015 16. 11.2 (1) Sections 11 and 11.1 apply only in respect of contraventions described in subsection 11 (1) or subsection 11.1 (1) that occurred on or after the day section 2 of the Labour Relations Statute Law Amendment Act, 2005 comes into force. The Labour Relations Act, 1995 (Act No. 1. In addition, this article makes tentative submissions that the judiciary could consider in its interpretation of legislation. CONTENTS: Chapter VIII . 2006 (ZAF-2006-M-74747) Labour Relations Act (66/1995): Code of Good Practice: Who is an Employee (No. 31 Commission for Conciliation, Mediation and Arbitration. This letter serves to give you notice in terms of section 189(3) of the Labour Relations Act (LRA) of 1995 of a proposal to retrench you and, in this connection to invite you to engage with us in consultation with a view to reaching consensus on: appropriate measures to: avoid the retrenchment; change the timing of the retrenchment; and/or. Onus in dismissal disputes 193. The phrase ‘operational requirements’ is a broad term referring to the economic, technical, structural or similar needs of an employer. However, it caused much debate and litigation. R112, G. 16880, I, MEMBATHISI MPHUMZI SHEPHERD MDLADLANA, Minister of Labour, hereby, under section 189A(6) of the Labour Relations Act, 1995 (Act No 66 of 1995), and after consultation with NEDLAC, hereby issue the regulations in the Schedule hereto. RETRENCHMENT IN TERMS OF SECTION 189A CCMA Info Sheet: Retrenchment in terms of s189A FOR MORE INFORMATION CONTACT THE CCMA OPERATIONS & INFORMATION DEPARTMENT ON (011) 377-6650 OR THE CALL CENTRE ON 0861 16 16 16 INTRODUCTION This section applies to employers employing more than 50 employees if the employer intends retrenching: • 10 or more employees, if the … LABOUR RELATIONS ACT [Updated to 27 November 2018] Act 66 of 1995 (GoN 1877, G. 16861), Proc. Table: Section 186 of the Labour Relations Act 66 of 1995 (LRA): The meaning of ‘dismissal’ LRA Section Explanation Section 186(1) (a): The employer terminates the contract of employment with or without notice. 3. 6 of 2014 Inserts s. 198 (4F) in Act No. We are the leading resource for freely available Legislation in South Africa and are used daily by thousands of professionals and industry leaders. The new Labour Relations Act 66 of 1995 (“the LRA”) sets out a different position in that the contracts of employment of the existing employees are automatically transferred to the new employer and thus negate the need for any “no-fault” terminations. By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney . Last checked: 30 September 2019 . Labour Relations Act . Acts Online provides legislation, including amendments and Regulations, in an intuitive, online format. DC SUBRAMANIEN & JL JOSEPH PER / PELJ 2019 (22) 3 collective bargaining. The changes to section 198 of the Labour Relations Act 66 of 1995 (LRA) is considered as one of the most significant, as this will deal with the issues regarding temporary employment service or labour brokers as they are more commonly known. 2002 (ZAF-2002-M-64787) Guidelines issued in terms of section 95(8) of Labour Relations Act 66 of 1995. Operational requirements dismissals are governed by section 189 of the Labour Relations Act 66 of 1995 (LRA). This article examines the effect of section 197 of the Labour Relations Act No. This section – which sets out the guidelines for retrenchment procedures – currently limits the parties who must be consulted to: People who must be consulted with in terms of a collective agreement, 66 of 1995 ACT To change the law governing labour relations and, for that purpose- to give effect to section 23 of the Constitution; Labour Relations Act (Act 66 of 1995) Labour Relations Amendment Act (Act 42 of 1996) Labour Relations Amendment Bill, 2000; Labour Relations Amendment Act (Act 127 of 1998) (File type: pdf; size: 1.35 MB) Labour Relations Amendment Bill, 2000 and Explanatory Memorandum - … Meaning of dismissal 187. This morning, it was reported in the media that ProductivitySA has called for Section 189 of the Labour Relations Act (LRA) to be amended. Section 189 A applies to all employers with more than 50 employees if.

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