1 / 47

Western Cape Education Department

Western Cape Education Department. Directorate: Labour Relations HEAD OFFICE. ONE ( 1 ) DAY LABOUR RELATIONS WORKSHOP FOR HEAD OFFICE DELEGATES 20 OCTOBER 2003. DOMESTIC ISSUES. Starting and finishing times Cellular phones - Off No smoking

rogerstarks
Download Presentation

Western Cape Education Department

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Western Cape Education Department Directorate: Labour Relations HEAD OFFICE

  2. ONE ( 1 ) DAY LABOUR RELATIONS WORKSHOP FOR HEAD OFFICE DELEGATES 20 OCTOBER 2003

  3. DOMESTIC ISSUES • Starting and finishing times • Cellular phones - Off • No smoking • Ask as many general questions as possible within the timeframes

  4. PURPOSE AND OBJECTIVES • Inform managers of labour legislation within education • Familiarize managers of applicable grievance and disputes procedures • Familiarize managers of applicable disciplinary codes and procedures • Inform managers regarding bargaining councils. • Inform managers of the organizational rights agreement • Familiarize managers with time-off arrangements

  5. RELEVANT LEGISLATION • All staff • Constitution of the Republic of South Africa • Basic Conditions of Employment Act • Labour Relations Act • Skills Development Act • Employment Equity Act • Occupational Health and Safety Act • Compensation for Occupational Injuries and Diseases Act • Unemployment Insurance Act • Wage Act

  6. RELEVANT LEGISLATION (Continue) • Public Service • Public Service Act • CS Educators • Employment of Educators Act

  7. GRIEVANCES AND DISPUTES • Public Service • LEGISLATION • PUBLIC SERVICE COMMSSION ACT • CS EDUCATORS • LEGISLATION • CHAPTER H OF PAM ( EEA)

  8. DEFINITION OF A GRIEVANCE • CS EDUCATOR • A complaint by an employee or employees affecting the employment relationship of the person or persons concerned, or there is an alleged misinterpretation, or violation of his or her , or their rights • PS STAFF • Means a dissatisfaction regarding an official act or omission by the employer which adversely affects an employee in the employment relationship, excluding an alleged unfair dismissal

  9. DISPUTES • UNRESOLVED GRIEVANCE • PS STAFF • CCMA • BARGAINING COUNCIL (GPSCBC) • LABOUR COURT • CS EDUCATORS • BARGAINING COUNCIL ( ELRC) • LABOUR COURT

  10. STAGES OF DISPUTES • CONCILIATION • FACILITATE • NO DECISION MAKING POWER • ARBITRATION • NEUTRAL FACILITATOR (ARBITRATOR) • POWER TO MAKE A FINAL AND BINDING DECISION

  11. TEA BREAK

  12. DISCIPLINARY CODES AND PROCEDURES • CS Educators • LEGISLATION • SCHEDULE 2 OF EEA • PS STAFF • RESOLUTION 1 OF 2003

  13. BARGAINING COUNCILS • REGULATED BY LRA • SECTION 27 OF LRA • POWERS AND FUNCTIONS OF B/C • TO CONCLUDE COLLECTIVE AGREEMENTS • TO ENFORCE COLLECTIVE AGREEMENTS • TO PREVENT AND RESOLVE LABOUR DISPUTES • TO PERFORM THE DISPUTE RESOLUTION FUNCTIONS REFERRED TO IN SECTION 51

  14. BARGAINING COUNCILS( CONT.) • BARGAINING COUNCILS IN THE PUBLIC SERVICE • PSCBC • ELRC • GPSCBC • PSBC

  15. BARGAINING COUNCILS( CONT.)

  16. ELRCVOTE WEIGHTS

  17. PELRCVOTE WEIGHTS

  18. LUNCH

  19. ORGANISATIONAL RIGHTS AGREEMENT • Collective Agreement • 5 of 2002 • Purpose of the agreement • mutual understanding of rights and obligations • sound relations between management and employees • reduce conflict between role-players • mutual respect between role-players • labour peace • efficient public service

  20. ORGANISATIONAL RIGHTS AGREEMENT( cont) • Scope of application • applicable to all • employees, • management • representatives • and unions

  21. ORGANISATIONAL RIGHTS AGREEMENT( cont) • Union access to premises of the administration • recruitment of members • communication with members • serving the interest of members

  22. ORGANISATIONAL RIGHTS AGREEMENT( cont) • Meetings • Ordinary meetings • take place in member’s own time • may take place in working hours on condition: • five hours per annum • not longer than 60 minutes • prior permission by management • must be in writing three days in advance • members get permission by supervisors

  23. ORGANISATIONAL RIGHTS AGREEMENT( cont) • Emergency meetings • 48 hours notice • to the institutional head • need for meeting shall be motivated • notice period may be reduced by agreement • management refuse imlc will make a decision which will be final

  24. ORGANISATIONAL RIGHTS AGREEMENT( cont) • Levels of collective bargaining: • institutional level (imlc) • regional level (imlc) • departmental level( bi-monthly ) • provincial level ( PSBC)

  25. ORGANISATIONAL RIGHTS AGREEMENT( cont) • Functions of union members • represent members at grievances and disciplinary meetings • monitor compliance with provisions of legislation • report any alleged contravention of workplace - related provisions • any other function agreed to by unions and management

  26. ORGANISATIONAL RIGHTS AGREEMENT( cont) • Leave for union activities ( time -off) • union representatives/ office bearers qualifies for 10 days per annum • perform functions in terms of this agreement or chapter l of PSSC • conditions as per page 18 of ORA

  27. TIME-OFF • CS EDUCATORS • COMMON UNDERSTANDING • LEGISLATION • CHAPTER G OF PAM • 3 CATOGORIES OF TIME OFF • COLLECTIVE BARGAINING • ORGANISATIONAL DUTIES • ORGANISATIONAL ACTIVITIES

  28. Time-off for Collective Bargaining Purposes • Clause 3.1 of Chapter G in the PAM provides for an entitlement of 1 additional school day for preparation, per meeting/event. • i.e. PSCBC, ELRC, PELRC (e.g. Council, Chamber meetings, task team meetings)

  29. Time-off for Organisational Duties • Clause 3.2 of Chapter G in the PAM provides for an entitlement of 12 school days per annum • This is for representing members at: • Disciplinary /dispute hearings and retrenchment or redundancy proceedings • Attending labour relations training by the union for elected representatives • Attending, participating in and organising workplace or teacher forums and conferences

  30. Time-off for Organisational Activities • Clause 3.3 of Chapter G in the PAM provides for an entitlement of 8 hours per annum • i.e. Attending meetings at the workplace(school or office) • Meetings arranged by the FTSS at the workplace or by the union away from the workplace • Elections i.e. AGM at branch, regional, provincial or national level • Voting i.r.o. a lawful strike/industrial action

  31. TEA BREAK

  32. AMENDMENTS TO LEGISLATION • LRA • Education Laws Amendment Act • BCEA

  33. AMENDMENTS TO THE LRA THE 2002 AMENDMENTS INTER ALIA PROVIDES FOR THE FOLLOWING: • The right to strike on retrenchments and facilitation of disputes around retrenchments. • Increased powers to bargaining councils and its officials. • Better protection to venerable workers. • One stop conciliation and arbitration process. • One stop final and binding disciplinary enquiries (Pre-dismissal arbitration).

  34. LRA ( CONT) • UNFAIR DISMISSALS AND UNFAIR LABOUR PRACTICES (CHAPTER 8 OF LRA) (Page 26) - Schedule 7 has been incorporated into the act (Section 186.2.a – d) (Page 28) - Pre-dismissal arbitration (new Section 188.a) (Page 28) * Pre-dismissal arbitration in cases of misconduct or incapacity, by agreement between the parties, paid for by the employer - Dismissal on Operational requirements (Section 189) (Page 30) - Unfair dismissal disputes and ULP’s (Section 191) (Page 38) - Limits on compensation (Section 194) (Page 40)

  35. LRA (CONT) • Probationary appointments (New Section 8 of Schedule 8) (Page 54) - Proof of substantive fairness for performance-related dismissals during probation will be less difficult for employers • Arbitration awards will be deemed to be orders of the Labour Court excluding payment of an amount of money (Section 143) ( PAGE 24)

  36. EDUCATION LAWS AMENDMENT ACT, 2002 • The following acts were amended • SASA - South African Schools Act • EEA - Employment of Educators Act • FETA - Further Education and Training Act • ABETA - Adult Basic Education and Training Act • GFETQAA - General and Further Education and Training Qualification Authority Act • We will only highlight the significant amendments.

  37. SOUTH AFRICAN SCHOOLS ACT • SECTION 5(4) (Page 4) • ADMISSION AGE OF LEARNERS • WITH EFFECT AS FROM 1 JANUARY 2004 • SECTION 8 (Page 4) • A LEARNER MUST BE ACCOMPANIED BY HIS/HER PARENT OR PERSON DESIGNATED BY THE PARENT • APPOINTMENT OF AN INTERMEDIARY AT DISCIPLINARY HEARINGS • SECTION 10(A) (Page 6) • PROHIBITATION OF INITIATION PRACTICES • SECTION 18 (Page 8) • CODE OF CONDUCT OF GOVERNING BODIES

  38. EMPLOYMENT OF EDUCATORS ACT • SECTION 6(A) (Page 10) • Appointment of new employees or applicants with a break in service without the recommendation of the SGB. • ITEM 7 OF SCHEDULE 2 (Page 12) • Disciplinary hearings can be recorded electronically. • Transcript to be made available on request. • Payment is the responsibility of the accused. • SECTION 10(A) (Page 12) • Presiding officer may appoint an intermediary to assist any witness under the age of 18 years.

  39. FURTHER EDUCATION AND TRAINING ACT • SECTION 16(A) (Page 14) • Prohibition of corporal punishment and initiation practices. • ADULT BASIC EDUCATION AND TRAINING ACT • SECTION 20(A) (Page 20) • Prohibition of corporal punishment and initiation practices.

  40. BASIC CONDITIONS OF EMPLOYMENT ACT • THE 2002 AMENDMENTS PROVIDES INTER ALIA FOR THE FOLLOWING: • Substitute certain definitions. • Regulate the extension of overtime by collective agreement. • Regulate the payment of contributions to benefit funds. • Only the significant amendments applicable to education will be highlighted.

  41. BASIC CONDITIONS OF EMPLOYMENT ACT(Continue) • OVERTIME (Section 10) (Page 4) • Three hour daily limit has been deleted and replaced; basically persons must agree not to work more than 12 hours on any given day. • A collective agreement may also be concluded to extend the 10 hour weekly overtime limit to 15 hours. • Resolution 6 of 2002 is applicable to educators regarding overtime and other basic employment conditions.

  42. BASIC CONDITIONS OF EMPLOYMENT ACT (Continue) • PAYMENT OF CONTRIBUTIONS TO BENEFIT • FUNDS (Section 34.a) (Page 4) • Employers are obligated to pay over deductions from salaries iro benefit funds within 7 days of the deduction. • The employers deduction to be made within 7 days of the end of the period for which the contribution is made.

  43. BASIC CONDITIONS OF EMPLOYMENT ACT (Continue) • NOTICE PERIODS (Section 37) (Page 6) • - Up to six months - 1 weeks notice • - Six months to one year - 2 weeks “ • - One year or more - 4 weeks “ • - Farm and domestic workers • employed more than six • months - 4 weeks

  44. GENERAL QUESTIONS AND ANSWERS Open session: Please feel free to raise any other labour relations matters that you would like to bring under our attention or that you need more clarity or information on.

  45. EVALUATION & CLOSURE THANK YOU FOR YOUR ATTENDANCE

More Related