Introduction
As you may be aware from recent media reports, the National Union of Mineworkers (NUM) and the National Union of Metalworkers of South Africa (NUMSA) are preparing for a national day of action in the form of lunch-time pickets at various Eskom sites in protest against Eskom’s 0% wage increase offer.
Protest Action and the Labour Relations Act
The Labour Relations Act (LRA) permits registered trade unions such as NUMSA and the NUM 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, on this occasion, no such application has been submitted to NEDLAC. Consequently, employees participating in any action today will not be protected by the normal rules regarding protected strikes, namely no work, no pay and no disciplinary action.
SEIFSA recommends that Management adopts the following course of action in dealing with any absence from work today:
- a shift for Leave Pay and Leave Enhancement Pay qualification purposes will be lost in respect of the day’s absence; and
- any overtime worked during the course of the week will be paid at ordinary rates to make up for the loss of any ordinary working hours today.
The Staff of the SEIFSA Industrial Relations and Legal Services Division are available on (011) 298-9400 to provide any further advice and/ or assistance to Management on the contents of this Management Brief.