What are the industrial action?
Industrial action is an act, done by either an employee or an employer, which prevents the operation of the contract of employment. It depends on whether the strike was a form of ‘protected industrial action’.
What is the difference between official and unofficial industrial action?
An employee who is not a trade union member is able to take part in an official industrial action that has been authorised. An unofficial industrial action is when the action has not been authorised by the union.
What is industrial action in South Africa?
Industrial action is ‘official’ if it is formally backed by a trade union and members of that union are taking part in it. If you’re involved in industrial action against your employer, you’ll probably be in breach of your employment contract and you are therefore unlikely to be paid when taking industrial action.
Why do employees take industrial action?
Industrial action is taken by employers or employees to settle a workplace dispute about working conditions.
What is the purpose of industrial action?
The purpose of the Act as stated in its preamble was “to provide for the compulsory recognition by employers of trade unions and organisations representative of a majority or workers, for the establishment of an expeditious system for the settlement of trade disputes, for the regulation of prices of commodities, for …
What is industrial action and what are the two kinds of industrial action?
They go on to state: “It usually refers to strikes and lock-outs but could also include picketing, product boycotts, sit-ins, go-slow strikes and other actions which disrupt the productive process”.
How does industrial action affect employees?
Statutory rights Industrial action can affect statutory employment rights in two ways. First, it can delay an employee from qualifying for such rights, and secondly, it can prevent an employee who qualifies from enjoying them.
What are three types of industrial action?
When does an employee have to take part in industrial action?
As a basic guide, employees will probably be taking part in industrial action if they: take part in picketing. Once the employer has established that the individual is in breach of their contract, they have a range of options, including: lock out.
What is industrial action and how is it protected?
Industrial action is only protected if: it is action taken by employees (or their bargaining representatives) to support claims in relation to an enterprise agreement (employee claim action) or it is action taken by employers or employees in response to industrial action taken by the other party (employer or employee response action) and
What are the legal requirements of industrial action?
Legal requirements of industrial action. Trade unions and employees are bound by certain legal requirements when taking industrial action. The dispute must be between the employees and their employer in order for industrial action to be lawful. It cannot be in support of a closed shop or a dismissed employee who took place in unofficial action.
What are the rights of an employee during an unlawful industrial action?
In the case of unlawful industrial action, employers have the right to dismiss the employers without it being classed as unfair, providing that they dismiss all participants and offer to re-engage within three months of the dismissal. If a trade union announces that industrial action is unofficial then employees are not protected.