Introduction

As member companies may be aware from recent media reports, the South African Federation of Trade Unions (SAFTU), of which NUMSA is a member, is preparing for a national day of action in the form of a general national strike commencing on 23rd August until midnight on the 24th August 2022 in protest against the rising cost of living, unemployment, budget cuts, crime, blackouts and a push back against privatisation.

This Management Brief provides some basic background to the issue and guidance to Management in dealing with the intended protest action.

Protest Action and the Labour Relations Act

The Labour Relations Act (LRA) permits registered trade unions or federations such as SAFTU 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 this application was duly considered by NEDLAC and the NEDLAC Section 77 Standing Committee has determined the notice to be compliant with the administrative requirements of the LRA.

As SAFTU is a federation of trade unions, this opens the way for all SAFTU affiliated trade unions, for example NUMSA, to piggyback on the protected action.

Please note that once NEDLAC deems the notice of action as being compliant with the provisions of Section 77 of the LRA, every employee who is not engaged in an essential service has the right to take part in the protest action.

Consequently, all employees even employees who are not members of a trade union affiliated to SAFTU may participate in any action on 23rd and/or 24th August 2022.

Such action will be protected by the normal rules regarding protected strikes, namely: no-work, no-pay and no disciplinary action.

Management Guidelines on Possible Absenteeism on 23rd and 24th August 2022

SEIFSA recommends that Management adopt the following course of action in dealing with any stay-away from work on 23rd and/or 24th August 2022:

  • Inform all workers that any absences related to the protest action will be treated on the following basis:
  • no work, no pay, and no disciplinary action;
  • a shift for leave pay and leave enhancement pay qualification purposes will be forfeited in respect of a day’s absence on either the 23rd and/or 24th August; and
  • any overtime worked during the course of the week will be paid at ordinary rates to make up for the lost ordinary working hours from Tuesday, 23rd August and/or Wednesday, 24th August 2022.

The Staff of the SEIFSA Industrial Relations Division are available on (011) 298-9400 to provide any further advice and/ or assistance to Management on the contents of this Management Brief.