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Labour Relations Act, 1995 (Act No. 66 of 1995)

Codes of Good Practice

Collective Bargaining, Industrial Action and Picketing

Part D :  Industrial Action : Strikes and Lockouts

21. Who may strike

 

(1) Any employee, including employees who are not members of the union calling the strike, may join a protected strike. There are only two exceptions:
(a) Essential  service  workers  or  any  agreed  minimum  services  within  an essential service;
(b) Maintenance service workers

 

(2) If a service has been declared an essential service by the Essential Service Committee in terms of section 71 of the Act, the trade unions in that service and the employers can conclude a minimum services agreement on the particular categories within that service and number of employees to perform that service during the strike. If a minimum services agreement is not concluded, the Essential Services Committee may determine such minimum services under section 72(2) of the Act. Employees  within agreed or determined minimum services are not permitted to strike.

 

(3) A trade union and employer may enter into a maintenance service agreement in order to avoid material physical damage to the working area, plant or machinery arising from a strike. If there is no agreement, the employer may apply to the Essential Services Committee for a determination. Employees falling within such a determination are not permitted to strike. Depending on whether the all or a substantial number of employees are prohibited from striking as a result, the committee may refer the dispute to arbitration.