Human Resources Management IIB by ProfessorBurgerQueen
Industrial Action (Strikes)
- Industrial action refers collectively to any measure taken by trade union or other
organised labour meant to reduce productivity in a workplace
- Quite often used and interpreted to mean Strike, but the scope is much wider
- Industrial action may take place in the context of a labour dispute or may be meant to
effect political or social change
- Specifically industrial action may include one or more of the following:
- Strike
- Occupation of factories (sit-ins)
- Work-to-rule
- Slow-down (or Go-slow)
- Overtime ban
- Strike: ‘’The partial or complete concerted refusal to work, or the retardation or
obstruction of work, by persons who are or have been employed by the same
employer or by different employers, for the purpose of remedying or solving a dispute
in respect of any matter of mutual interest between employer and employee, and
every reference to work in this definition includes overtime work, whether it is
voluntary or compulsory” (LRA, s 213)
Motivations for Strike Actions
- Demonstrate general or particular dissatisfaction with management
- Demonstrate collective strength
- Persuade employer to accede to the demands of employees
- Strengthen a union’s position or reputation
- Display solidarity with other colleagues (sympathy/solidarity strike)
- Force management to recognise union
, Human Resources Management IIB by ProfessorBurgerQueen
Causes of Strike Actions
- Wages
- Working conditions
- Benefits
- Training schemes
- Dismissals
- Retrenchment
- Unfair treatment
- Lack of safety precautions at the workplace, etc.
The Right To Strike
- It’s a constitutional right
- Employers are not obliged to pay workers on protected strike – ‘no work no pay’ rule
(except payment in kind – accommodation, food etc.)
- The right to strike is never absolute or unconditional
Procedural Requirements For A Strike (S.64)
- If the issue in dispute has been referred first to a bargaining council or the CCMA
(conciliation)
- A certificate is issued indicating that the dispute remains unresolved after conciliation
attempts have failed
- After the expiration of a period of 30 days, or any extension of the period agreed to
by the parties after the referral was received by the CCMA
- At least 48 hours’ notice (private sector) or 7 days (public sector) of the strike has
been given to the employer, or to an employers’ organisation that is a party to the
dispute
Industrial Action (Strikes)
- Industrial action refers collectively to any measure taken by trade union or other
organised labour meant to reduce productivity in a workplace
- Quite often used and interpreted to mean Strike, but the scope is much wider
- Industrial action may take place in the context of a labour dispute or may be meant to
effect political or social change
- Specifically industrial action may include one or more of the following:
- Strike
- Occupation of factories (sit-ins)
- Work-to-rule
- Slow-down (or Go-slow)
- Overtime ban
- Strike: ‘’The partial or complete concerted refusal to work, or the retardation or
obstruction of work, by persons who are or have been employed by the same
employer or by different employers, for the purpose of remedying or solving a dispute
in respect of any matter of mutual interest between employer and employee, and
every reference to work in this definition includes overtime work, whether it is
voluntary or compulsory” (LRA, s 213)
Motivations for Strike Actions
- Demonstrate general or particular dissatisfaction with management
- Demonstrate collective strength
- Persuade employer to accede to the demands of employees
- Strengthen a union’s position or reputation
- Display solidarity with other colleagues (sympathy/solidarity strike)
- Force management to recognise union
, Human Resources Management IIB by ProfessorBurgerQueen
Causes of Strike Actions
- Wages
- Working conditions
- Benefits
- Training schemes
- Dismissals
- Retrenchment
- Unfair treatment
- Lack of safety precautions at the workplace, etc.
The Right To Strike
- It’s a constitutional right
- Employers are not obliged to pay workers on protected strike – ‘no work no pay’ rule
(except payment in kind – accommodation, food etc.)
- The right to strike is never absolute or unconditional
Procedural Requirements For A Strike (S.64)
- If the issue in dispute has been referred first to a bargaining council or the CCMA
(conciliation)
- A certificate is issued indicating that the dispute remains unresolved after conciliation
attempts have failed
- After the expiration of a period of 30 days, or any extension of the period agreed to
by the parties after the referral was received by the CCMA
- At least 48 hours’ notice (private sector) or 7 days (public sector) of the strike has
been given to the employer, or to an employers’ organisation that is a party to the
dispute
