Navigating Strike Rights and Procedures in South Africa: A Legal Guide for Employers

In South Africa, understanding the rights and procedures related to striking is crucial for both employers and employees. Strikes are a fundamental part of labour relations, and knowing what constitutes a protected strike is essential for lawful and fair practice.

Employees' Right to Strike

Legal Definition of a Strike

A strike is a concerted refusal to work, including overtime, or an action that retards or obstructs work, aimed at resolving a dispute or remedying a grievance.

Association with a Protected Strike

All employees, regardless of their union membership, may participate in a protected strike.

Protected Strikes: Legal Compliance

Criteria for Protection

A protected strike adheres to legal requirements concerning the dispute's subject matter and procedural compliance before commencement.

Protection from Dismissal

Employees involved in a protected strike cannot be dismissed for their participation, ensuring no adverse consequences for exercising this right.

Steps to Legalize a Strike

1. Referral to CCMA or Bargaining Council: The dispute must first be referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) or a relevant Bargaining Council.

2. Waiting Period: A 30-day period after the referral must pass, or a certificate stating the dispute remains unresolved must be issued before a strike notice can be given.

3. Strike Notice Requirements: The notice must be in writing and delivered to the employer at least 48 hours before the strike commences.

Interdicting Unprotected Strikes

Employers have the right to apply to the Labour Court for an urgent interdict against unprotected strike action.

Risks for Employees in Unprotected Strikes

Participating in an unprotected strike may lead to disciplinary action by the employer, as these strikes do not meet the legal criteria for protection.

Legal Assistance for Employers and Employees

Given the complexities involved, legal advice is paramount. Our law firm specializes in labor law, offering guidance and support to employers and employees in managing strikes legally and effectively.

Conclusion

Strikes are a critical aspect of South African labour relations. Understanding the legal framework surrounding protected and unprotected strikes is vital for maintaining lawful and fair employment. For legal advice on managing strike actions or understanding strike rights, please contact our law firm. Our experienced labour law attorneys are ready to assist you with your legal needs.