Strike Action (Industrial action )

A strike takes place to resolve a dispute between the employees and their employer. The dispute must be about something in the employer’s control, for example, wages, improved working conditions and other disputes of mutual interest. Although the right to strike is a constitutional right, section 65 of the LRA provides limitations on the right to strike. In terms of this section, employees are prohibited from striking if they are:

“Bound by a collective agreement that prohibits a strike or lock-out in respect of the issue in dispute”?“Bound by an agreement that requires the issue in dispute to be referred to arbitration”?Engaged in an essential or maintenance service

This includes but are not limited to:

• Employees may not be dismissed for participating in a protected strike. A dismissal in such circumstances would constitute an automatically unfair dismissal.
• Employees may be dismissed for causing damage to the property of their employer, or another person at the workplace, during the strike.
• Employees may be arrested and prosecuted for committing a criminal offence during a strike.
• The principle of “no work – no pay” applies. The employer does not have to pay the employees during a strike. However, the employer has to make payments in kind which include food, accommodation and other benefits such as pension, medical aid and so on.
• Employers may appoint replacement labour in response to a strike.

?

Conclusion

In conclusion, there are various factors to consider when taking strike action and several consequences to follow should proper procedure not be followed.

Contact an attorney at SchoemanLaw for any of your legal needs today.

[1]?The Labour Relations Act 66 of 1995.

[2]?The Labour Relations Act 66 of 1995.

[3]?The Labour Relations Act 66 of 1995.

Collective or “concerted” employee actions taken to protest work conditions or employer actions

Designed to interfere with employer’s ability to fulfill its commercial interests

? 1. What is Picketing?

Picketing is an act where workers belonging to a trade union, involved in an industrial action, assemble in front of their workplace or the home of the employer in order to prevent other co workers from going inside and working. Picketing is to persuade the other co workers to support them in the industrial action and to dissuade customers from doing business with the organization.(Picketing - Meaning & Types | HRM Overview | MBA Skool)

2. A?general strike?is a?strike action?in which participants cease all economic activity, such as working, to strengthen the bargaining position of a trade union or achieve a common social or political goal. They are organised by large coalitions of political, social, and labour organizations and may also include rallies, marches, boycotts, civil disobedience, non-payment of taxes, and other forms of direct or indirect action. Additionally, general strikes might exclude care workers, such as teachers, doctors, and nurses.(General strike - Wikipedia)

3. SIT-DOWN STRIKE ( The 1936 Sit-Down Strike That Brought a Powerful Automaker to its Knees | HISTORY )

4.Sympathy Strikes? (Actors Strike: Why There Won’t Be U.K. Sympathy Strikes – The Hollywood Reporter )

5.WILDCAT STRIKE

6.SECONDARY ACTION OR BOYCOTT

7.WORK-TO-RULE (Work-to-rule - Wikipedia)

8. Overtime Ban (https://www.msn.com/en-gb/news/world/are-trains-running-today-how-the-overtime-ban-is-affecting-the-rail-companies-involved/ar-AA1ezQKh )