As The Congress of South African Trade Unions (COSATU) is preparing for protest actions on the 13th of February in the form of a national strike as a response to the numerous and wide-spread lay-offs at State owned firms and private companies, managers and business owners should similarly be preparing themselves for the tough road ahead.
Navigating a strike is something that every business dreads not just because of the loss of earnings as a result of loss of production time, but also because, as shown in the recent Plastic Industry strikes, the result of striking efforts can lead to violence and even loss of life.
SEIFSA’s has published a Management Brief which outlines the upcoming strike action.
“Cosatu has been quoted in various media reports that it would stage a nationwide strike on 13 February over large-scale layoffs at ailing State-owned firms and at private companies. The Labour Relations Act (LRA) permits registered trade unions or a federation of trade unions, such as Cosatu, to undertake protected protest action to promote the social and economic interests of workers, provided that they observe the procedural requirements contained in Section 77 of the LRA. It is important to note that protest action in terms of Section 77 of the LRA is only protected if the issue in dispute has been considered by NEDLAC and the applicant concerned has given to Nedlac 14 days’ notice of its intention to proceed with such protest action. In the absence of these conditions, any protest action would not be protected. However, it has been confirmed that Cosatu has filed a Section 77(1)(b) notice with NEDLAC, advising of its intention to participate in a socio-economic strike on 13 February 2019.The NEDLAC Section 77 Standing Committee has determined the notice to be compliant with the administrative requirements of the LRA. Consequently, employees participating in any form of stay-away or protest activity on 13 February 2019 will be protected by the normal rules regarding protected protest action to promote or defend the socio-economic interest of workers, namely: no-work, no-pay and no-disciplinary actionC.”
As standard protected strike rules regarding protected protest will apply, KZNEIA recommends that management inform their workers that all strike-related absences will be treated in a “no work, no pay” fashion. No disciplinary action will be engaged. A shift for leave pay and leave enhancement pay qualification purposes will be lost in respect of the day’s absence; and that any overtime worked during the course of the week will be paid at ordinary rates to make up for the lost ordinary working hours on 13 February 2019.
For any further advice and/ or assistance, contact KZNEIA Director, Kylie Griffin
Landline 031 335 1041
Cell phone 082 563 0574