Is strike legal in South Africa?

In South Africa employees have a constitutional right to strike and to comply with international law. Section 27 of the Constitution of the Republic of South Africa, 1996, provides all workers with labour rights including the right to strike.

Does South Africa have the unconditional right to strike?

Section 23 of the Constitution of the Republic of South Africa confers on every worker the right to strike.

Is there a right to strike absolute in South Africa?

Like all the rights in the Bill of Rights, the right to strike is not absolute, and can be limited in terms of section 36 of the Constitution.

What are the rights of strike?

The right to strike is recognized by the ILO’s supervisory bodies as an intrinsic corollary of the right to organize protected by Convention No. 87, deriving from the right of workers’ organizations to formulate their programmes of activities to further and defend the economic and social interests of their members.

What is an illegal strike in South Africa?

“An unprotected strike does amount to misconduct in terms of the employer’s disciplinary code, and would amount to a breach of contract at common law. An employer may also seek compensation for damages arising as a consequence of unprotected strike action. In this sense an unprotected strike is unlawful.”

What is a protected strike in South Africa?

A protected strike is a strike that complies with the requirements in the LRA, where the subject matter of the strike is legitimate and procedural requirements are complied with prior to the strike commencing.

What is a strike in South Africa?

[South Africa, Labour Relations Act, 1995 (amended by the Labour Relations Amendment Act, 2002)] Sect. L620. 1. A strike is a concerted labour stoppage decided upon by employees to pursue occupational claims and in defence of their material or moral interests.

Is the right to strike limited?

Like all the rights in the Bill of Rights, the right to strike is not absolute, and can be limited in terms of section 36 of the Constitution. In terms of section 36 of the Constitution, the limitation of the right to strike can take place in terms of laws of general application.

What makes a strike illegal?

LEGAL STRIKE one called for a valid purpose and conducted through means allowed by law. ILLEGAL STRIKE – one staged for a purpose not recognized by law, or if for a valid purpose, conducted through means not sanctioned by law.

What is difference between protest and strike?

A protest simply means any organized retaliation to something (e.g. a march or a rally) a strike is when workers don’t go to work in order to bargain for better pay or working conditions. a protest is when people go out into the streets because they’re upset about something.

Is striking a constitutional right?

The right to strike is protected by the National Labor Relations Act (NLRA), but not all strikes are legal. Whether a strike is lawful depends on the purpose of the strike, whether the collective bargaining agreement includes a “no-strike” clause, and the conduct of the strikers.

Is right to strike a legal right?

In India, right to protest is a fundamental right under Article 19 of the Constitution of India. But right to strike is not a fundamental right but a legal right and with this right statutory restriction is attached in the industrial dispute Act, 1947.

Is the right to strike protected in South Africa?

The right to strike is clearly protected in the South African Constitution. Legislative protection of the right to strike and recourse to a lockout means that employees partaking in that action will be protected against dismissal.

When is a strike protected under the Labour Relations Act?

In terms of sec 64 (1) of the LRA, a strike is deemed to be protected if the issue in dispute has been referred to a council or the Commission for Conciliation mediation and Arbitration (CCMA) and a certificate stating that the dispute remains unresolved for a period of 30 days or any extension of that period agreed upon between the parties has

What are the rules for a strike in the UK?

The provisions require that: – a written notice of a strike must have been given to the employer 48 hours prior to it taking place. If these provisions are met, the strike will be protected. Striking employees may not be dismissed and no civil legal proceedings may be brought against them.

When do you have to give notice of a strike?

– 30 days must have elapsed since the referral; and. – a written notice of a strike must have been given to the employer 48 hours prior to it taking place. If these provisions are met, the strike will be protected. Striking employees may not be dismissed and no civil legal proceedings may be brought against them.