CHAPTER NINE REGULATION OF NON-STANDARD EMPLOYMENT AND GENERAL PROVISIONS (ss 198-214)

198. Temporary Employment Services

In this section, "temporary employment services" means any person who, for reward, procures for or provides to a client other persons-

who perform work for the client; and

who are remunerated by the temporary employment service.

For the purposes of this Act, a person whose services have been procured for or provided to a client by a temporary employment service is the employee of that temporary employment service, and the temporary employment service is that person's employer.

Despite subsections (1) and (2), a person who is an independent contractor is not an employee of a temporary employment service, nor is the temporary employment service the employer of that person.

The temporary employment service and the client are jointly and severally liable if the temporary employment service, in respect of any of its employees, contravenes-

a collective agreement concluded in a bargaining council that regulates terms and conditions of employment;

a binding arbitration award that regulates terms and conditions of employment;

the Basic Conditions of Employment Act; or

a sectoral determination made in terms of the Basic Conditions of Employment Act.

4A. If the client of a temporary employment service is jointly and severally liable in terms of section 198(4) or is deemed to be the employer of an employee in terms of section 198A(3)(b)-

the employee may institute proceedings against either the temporary employment service or the client or both the temporary employment service and the client;

a labour inspector acting in terms of the Basic Conditions of Employment Act may secure and enforce compliance against the temporary employment service or the client as if it were the employer, or both; and

any order or award made against a temporary employment service or client in terms of this subsection may be enforced against either.

4B.

A temporary employment service must provide an employee whose service is procured for or provided to a client with written particulars of employment that comply with section 29 of the Basic Conditions of Employment Act, when the employee commences employment.

Paragraph (a) applies, three months after the commencement of the Labour Relations Amendment Act, 2014, to a person whose services were procured for or provided to a client by a temporary employment service in terms of subsection 198(1) prior to the commencement of the Labour Relations Act, 2014.

4C. An employee may not be employed by a temporary employment service on terms and conditions of employment which are not permitted by this Act, any employment law, sectoral determination or collective agreement concluded in a bargaining council applicable to a client to whom the employee renders services.

4D. The issue of whether an employee of a temporary employment service is covered by a bargaining council agreement or sectoral determination, must be determined by reference to the sector and area in which the client is engaged.

4E. In any proceedings brought by an employee, the Labour Court or an arbitrator may-

determine whether a provision in an employment contract or a contract between a temporary employment service and a client complies with subsection (4C); and

make an appropriate order or award.

4F. No person must perform the functions of a temporary employment service unless it is registered in terms of any applicable legislation, and the fact that a temporary employment service is not registered will not constitute a defence to any claim instituted in terms of this section or 198A.

Two or more bargaining councils may agree to bind the following persons, if they fall within the combined registered scope of those bargaining councils to a collective agreement concluded in any one of them-

temporary employment service;

a person employed by a temporary employment service; and

a temporary employment service client.

An agreement concluded in terms of subsection (5) is binding only if the collective agreement has been extended to non-parties within the registered scope of the bargaining council.

Two or more bargaining councils may agree to bind the following persons, who fall within their combined registered scope, to a collective agreement-

a temporary employment service;

a person employed by a temporary employment service; and

a temporary employment service's client.

An agreement concluded in terms of subsection (7) is binding only if-

each of the contracting bargaining councils has requested the Minister to extend the agreement to non-parties falling within its registered scope;

the Minister is satisfied that the terms of the agreement are not substantially more onerous than those prevailing in the corresponding collective agreements concluded in the bargaining councils; and

the Minister by notice in the Government Gazette, has extended the agreement as requested by all the bargaining councils that are parties to the agreement.

198A. Application of section 198 to employees earning below earnings threshold

In this section, a 'temporary service' means work for a client by an employee-

for a period not exceeding three months;

as a substitute for an employee of the client who is temporarily absent; or

in a category of work and for any period of time which is determined to be a temporary service by a collective agreement concluded in a bargaining council, a sectoral determination or a notice published by the Minister, in accordance with the provisions of subsections (6) to (8).

This section does not apply to employees earning in excess of the threshold prescribed by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act.

For the purposes of this Act, an employee-

performing a temporary service as contemplated in subsection (1) for the client is the employee of the temporary employment services in terms of section 198(2); or

not performing such temporary service for the client is-

deemed to be the employee of that client and the client is deemed to be the employer; and

subject to the provisions of section 198B, employed on an indefinite basis by the client.

The termination by the temporary employment services of an employee's service with a client, whether at the instance of the temporary employment service or the client, for the purpose of avoiding the operation of subsection (3)(b) or because the employee exercised a right in terms of this Act, is a dismissal.

An employee deemed to be an employee of the client in terms of subsection (3)(b) must be treated on the whole not less favourably than an employee of the client performing the same or similar work, unless there is a justifiable reason for different treatment.

The Minister must by notice in the Government Gazette invite representations from the public on which categories of work should be deemed to be temporary service by notice issued by the Minister in terms of subsection (1)(c).

The Minister must consult with NEDLAC before publishing a notice or a provision in a sectoral determination contemplated in subsection (1)(c).

If there is conflict between a collective agreement concluded in a bargaining council, a sectoral determination or a notice by the Minister contemplated in subsection (1)(c)-

the collective agreement takes precedence over a sectoral determination or notice; and

the notice takes precedence over the sectoral determination.

Employees contemplated in this section, whose services were procured for or provided to a client by a temporary employment service in terms of section 198(1) before the commencement of the Labour Relations Amendment Act, 2014, acquire the rights contemplated in subsections (3), (4) and (5) with effect from three months after the commencement of the Labour Relations Amendment Act, 2014.

198B. Fixed term contracts with employees earning below earnings threshold

For the purpose of this section, a 'fixed term contract' means a contract of employment that terminates on-

the occurrence of a specified event;

the completion of a specified task or project; or

a fixed date, other than an employee's normal or agreed retirement age, subject to subsection (3).

This section does not apply to-

employees earning in excess of the threshold prescribed by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act;

an employer that employs less than 10 employees, or that employs less than 50 employees and whose business has been in operation for less than two years, unless-

the employer conducts more than one business; or

the business was formed by the division or dissolution for any reason of an existing business; and

an employee employed in terms of a fixed term contract which is permitted by any statute, sectoral determination or collective agreement.

An employer may employ an employee on a fixed term contract or successive fixed term contracts for longer than three months of employment only if-

the nature of the work for which the employee is employed is of a limited or definite duration; or

the employer can demonstrate any other justifiable reason for fixing the term of the contract.

Without limiting the generality of subsection (3), the conclusion of a fixed term contract will be justified if the employee-

is replacing another employee who is temporarily absent from work;

is employed on account of a temporary increase in the volume of work which is not expected to endure beyond 12 months;

is a student or recent graduate who is employed for the purpose of being trained or gaining work experience in order to enter a job or profession;

is employed to work exclusively on a specific project that has a limited or defined duration;

is a non-citizen who has been granted a work permit for a defined period;

is employed to perform seasonal work;

is employed for the purpose of an official public works scheme or similar public job creation scheme;

is employed in a position which is funded by an external source for a limited period; or

has reached the normal or agreed retirement age applicable in the employer's business.

Employment in terms of a fixed term contract concluded or renewed in contravention of subsection (3) is deemed to be of indefinite duration.

An offer to employ an employee on a fixed term contract or to renew or extend a fixed term contract, must-

be in writing; and

state the reasons contemplated in subsection (3)(a) or (b).

If it is relevant in any proceedings, an employer must prove that there was a justifiable reason for fixing the term of the contract as contemplated in subsection (3) and that the term was agreed.

An employee employed in terms of a fixed term contract for longer than three months must not be treated less favourably than an employee employed on a permanent basis performing the same or similar work, unless there is a justifiable reason for different treatment.

Paragraph (a) applies, three months after the commencement of the Labour Relations Amendment Act, 2014, to fixed term contracts of employment entered into before the commencement of the Labour Relations Amendment Act, 2014.

As from the commencement of the Labour Relations Amendment Act, 2014, an employer must provide an employee employed in terms of a fixed term contract and an employee employed on a permanent basis with equal access to opportunities to apply for vacancies.

An employer who employs an employee in terms of a fixed term contract for a reason contemplated in subsection (4)(d) for a period exceeding 24 months must, subject to the terms of any applicable collective agreement, pay the employee on expiry of the contract one week's remuneration for each completed year of the contract calculated in accordance with section 35 of the Basic Conditions of Employment Act.

An employee employed in terms of a fixed-term contract, as contemplated in paragraph (a), before the commencement of the Labour Relations Amendment Act, 2014, is entitled to the remuneration contemplated in paragraph (a) in respect of any period worked after the commencement of the said Act.

An employee is not entitled to payment in terms of subsection (10) if, prior to the expiry of the fixed term contract, the employer offers the employee employment or procures employment for the employee with a different employer, which commences at the expiry of the contract and on the same or similar terms.

198C. Part-time employment of employees earning below earnings threshold

For the purpose of this section-

a part-time employee is an employee who is remunerated wholly or partly by reference to the time that the employee works and who works less hours than a comparable full-time employee; and

a comparable full-time employee-

is an employee who is remunerated wholly or partly by reference to the time that the employee works and who is identifiable as a full-time employee in terms of the custom and practice of the employer of that employee; and

does not include a full-time employee whose hours of work are temporarily reduced for operational requirements as a result of an agreement.

This section does not apply-

to employees earning in excess of the threshold determined by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act;

to an employer that employs less than 10 employees or that employs less than 50 employees and whose business has been in operation for less than two years, unless-

the employer conducts more than one business; or

the business was formed by the division or dissolution, for any reason, of an existing business;

to an employee who ordinarily works less than 24 hours a month for an employer; and

during an employee's first three months of continuous employment with an employer.

Taking into account the working hours of a part-time employee, irrespective of when the part-time employee was employed, an employer must-

treat a part-time employee on the whole not less favourably than a comparable full-time employee doing the same or similar work, unless there is a justifiable reason for different treatment; and

provide a part-time employee with access to training and skills development on the whole not less favourable than the access applicable to a comparable full-time employee.

Subsection (3) applies, three months after the commencement of the Labour Relations Amendment Act, 2014, to part-time employees employed before the commencement of the Labour Relations Amendment Act, 2014.

After the commencement of the Labour Relations Amendment Act, 2014, an employer must provide a part-time employee with the same access to opportunities to apply for vacancies as it provides to full-time employees.

For the purposes of identifying a comparable full-time employee, regard must be had to a full-time employee employed by the employer on the same type of employment relationship who performs the same or similar work-

in the same workplace as the part-time employee; or

if there is no comparable full-time employee who works in the same workplace, a comparable full-time employee employed by the employer in any other workplace.

198D. General provisions applicable to sections 198A to 198C

Any dispute arising from the interpretation or application of sections 198A, 198B and 198C may be referred to the Commission or a bargaining council with jurisdiction for conciliation and, if not resolved, to arbitration.

For the purposes of sections 198A(5), 198B(8) and 198C(3)(a), a justifiable reason includes that the different treatment is a result of the application of a system that takes into account-

seniority, experience or length of service;

merit;

the quality or quantity of work performed; or

any other criteria of a similar nature, and such reason is not prohibited by section 6(1) of the Employment Equity Act, 1998 (Act No. 55 of 1998).

A party to a dispute contemplated in subsection (1), other than a dispute about a dismissal in terms of section 198A(4), may refer the dispute, in writing, to the Commission or to the bargaining council, within six months after the act or omission concerned.

The party that refers a dispute must satisfy the Commission or the bargaining council that a copy of the referral has been served on every party to the dispute.

If the dispute remains unresolved after conciliation, a party to the dispute may refer it to the Commission or to the bargaining council for arbitration within 90 days.

The Commission or the bargaining council may at any time, permit a party that shows good cause to, refer a dispute after the relevant time limit set out in subsection (3) or (5).

199. Contracts of employment may not disregard or waive collective agreements or arbitration awards

A contract of employment, whether concluded before or after the coming into operation of any applicable collective agreement or arbitration award, may not-

permit an employee to be paid remuneration that is less than that prescribed by that collective agreement or arbitration award;

permit an employee to be treated in a manner, or to be granted any benefit, that is less favourable than that prescribed by that collective agreement or arbitration award; or

waive the application of any provision of that collective agreement or arbitration award.

A provision in any contract that purports to permit or grant any payment, treatment, benefit, waiver or exclusion prohibited by subsection (1) is invalid.

200. Representation of employees or employers

A registered trade union or registered employers' organisation may act in any one or more of the following capacities in any dispute to which any of its members is a party-

in its own interest;

on behalf of any of its members;

in the interest of any of its members.

A registered trade union or a registered employers' organisation is entitled to be a party to any proceedings in terms of this Act if one or more of its members is a party to those proceedings.

200A. Presumption as to who is employee

Until the contrary is proved, for the purposes of this Act, any employment law and section 98A of the Insolvency Act, 1936 (Act No. 24 of 1936), a person who works for, or renders services to, any other person is presumed, regardless of the form of the contract, to be an employee, if any one or more of the following factors are present:

the manner in which the person works is subject to the control or direction of another person;

the person's hours of work are subject to the control or direction of another person;

in the case of a person who works for an organisation, the person forms part of that organisation;

the person has worked for that other person for an average of at least 40 hours per month over the last three months;

the person is economically dependent on the other person for whom he or she works or renders services;

the person is provided with tools of trade or work equipment by the other person; or

the person only works for or renders services to one person.

Subsection (1) does not apply to any person who earns in excess of the amount determined by the Minister in terms of section 6 (3) of the Basic Conditions of Employment Act.

If a proposed or existing work arrangement involves persons who earn amounts equal to or below the amounts determined by the Minister in terms of section 6 (3) of the Basic Conditions of Employment Act, any of the contracting parties may approach the Commission for an advisory award on whether the persons involved in the arrangement are employees.

NEDLAC must prepare and issue a Code of Good Practice that sets out guidelines for determining whether persons, including those who earn in excess of the amount determined in subsection (2) are employees.

[S. 200A inserted by s. 51 of Act 12 of 2002.]

200B. Liability for employer's obligations

For the purposes of this Act and any other employment law, 'employer' includes one or more persons who carry on associated or related activity or business by or through an employer if the intent or effect of their doing so is or has been to directly or indirectly defeat the purposes of this Act or any other employment law.

If more than one person is held to be the employer of an employee in terms of subsection (1), those persons are jointly and severally liable for any failure to comply with the obligations of an employer in terms of this Act or any other employment law.

201. Confidentiality

A person commits an offence by disclosing any information relating to the financial or business affairs of any other person or any business, trade or undertaking if the information was acquired by the first-mentioned person in the performance of any function or exercise of any power in terms of this Act, in any capacity, by or on behalf of-

a council;

any independent body established by a collective agreement or determination to grant exemptions from the provisions of the collective agreement or determination;

the registrar;

the Commission; and

an accredited agency.

Subsection (1) does not apply if the information was disclosed to enable a person to perform a function or exercise a power in terms of this Act.



A person convicted of an offence in terms of this section, may be sentenced to a fine not exceeding R10 000.

The Minister, in consultation with the Minister of Justice, may from time to time by notice in the Government Gazette, amend the maximum amount of the fine referred to in paragraph (a).

[Sub-s. (3) substituted by s. 49 of Act No. 42 of 1996.]

202. Service of documents

If a registered trade union or a registered employers' organisation acts on behalf of any of its members in a dispute, service on that trade union or employers' organisation of any document directed to those members in connection with that dispute, will be sufficient service on those members for the purposes of this Act.

Service on the Office of the State Attorney of any legal process directed to the State in its capacity as an employer is service on the State for the purposes of this Act.

203. Codes of good practice

NEDLAC may-

prepare and issue codes of good practice; and

change or replace any code of good practice.

Any code of good practice, or any change to or replacement of a code of good practice, must be published in the Government Gazette.

2A. The Minister may issue a code of good practice by publishing it in the Government Gazette in accordance with the provisions of this section, if-

proposals relating to the code of good practice have been tabled and considered by NEDLAC; and

NEDLAC has reported to the Minister that it has been unable to reach agreement on the matter.

2B. Subsection (2A) applies to the amendment or replacement of an existing code of good practice.

Any person interpreting or applying this Act must take into account any relevant code of good practice.

A Code of Good Practice issued in terms of this section may provide that the code must be taken into account in applying or interpreting any employment law.

[Sub-s. (4) added by s. 52 of Act 12 of 2002.]
(Date of commencement of s. 203: 1 January, 1996.)

204. Collective agreement, arbitration award or wage determination to be kept by employer
Unless a collective agreement, arbitration award or determination made in terms of the Basic Conditions of Employment Act provides otherwise, every employer on whom the collective agreement, arbitration award, or determination, is binding must-

keep a copy of that collective agreement, arbitration award or determination available in the work-place at all times;

make that copy available for inspection by any employee; and

give a copy of that collective agreement, arbitration award or determination-

to an employee who has paid the prescribed fee; and

free of charge, on request, to an employee who is a trade union representative or a member of a work-place forum.

[S. 204 amended by s. 53 of Act No. 12 of 2002.]

205. Records to be kept by employer

Every employer must keep the records that an employer is required to keep in compliance with any applicable-

collective agreement;

arbitration award;

determination made in terms of the Wage Act.

An employer who is required to keep records in terms of subsection (1) must-

retain those records in their original form or a reproduced form for a period of three years from the date of the event or end of the period to which they relate; and

submit those records in their original form or a reproduced form in response to a demand made at any reasonable time, to any agent of a bargaining council, commissioner or any person whose functions in terms of this Act include the resolution of disputes.

An employer must keep a record of the prescribed details of any strike, lock-out or protest action involving its employees.

An employer must submit those records in the prescribed manner to the registrar.

206. Effect of certain defects and irregularities

Despite any provision in this Act or any other law, a defect does not invalidate-

the constitution or the registration of any registered trade union registered employers' organisation or council;

any collective agreement or arbitration award that would otherwise be binding in terms of this Act;

any act of a council; or

any act of the director or a commissioner.

A defect referred to in subsection (1) means-

a defect in, or omission from, the constitution of any registered trade union, registered employers' organisation or council;

a vacancy in the membership of any council; or

any irregularity in the appointment or election of-

a representative to a council;

an alternate to any representative to a council;

a chairperson or any other person presiding over any meeting of a council or a committee of a council; or

the director or a commissioner.

(Date of commencement of s. 206: 1 January, 1996.)

207. Ministers empowered to add to and change Schedules

The Minister, after consulting NEDLAC, by notice in the Government Gazette may change, replace or add to Schedules 2 and 4 to this Act and the Schedule envisaged in subsection (3).

[Sub-s. (1) substituted by s. 50 (a) of Act No. 42 of 1996 and by s. 26 (a) of Act No. 127 of 1998.]

  . . . . . .

[Sub-s. (2) deleted by s. 26 (b) of Act No. 127 of 1998.]

The Minister, after consulting NEDLAC, by notice in the Government Gazette, may add to this Act a further Schedule containing a model constitution for a statutory council.

The Minister for the Public Service and Administration, after consulting the Public Service Co-ordinating Bargaining Council, by notice in the Government Gazette, may add to this Act a further Schedule regulating the establishment and the constitutions of work-place forums in the public service.

The Minister may add to, change or replace any page header or footnote.

  . . . . . .

[Sub-s. (6) substituted by s. 50 (b) of Act No. 42 of 1996 (English text only) and deleted by s. 26 (b) of Act No. 127 of 1998.]
(Date of commencement of s. 207: 1 January, 1996.)

208. Regulations
The Minister, after consulting NEDLAC and when appropriate, the Commission, may make regulations not inconsistent with this Act relating to-

any matter that in terms of this Act may or must be prescribed; and

any matter that the Minister considers necessary or expedient to prescribe or have governed by regulation in order to achieve the primary objects of this Act.

(Date of commencement of s. 208: 1 January, 1996.)

208A. Delegations

The Minister, in writing, may delegate to the Director General or any other officer of the Department of Labour any power, function or duty conferred or imposed upon the Minister in terms of this Act, except the powers, functions and duties contemplated in section 32 (but excluding subsections (5)(c) and (6)), and sections 44, 207 and 208.

A delegation in terms of subsection (1) does not limit or restrict the competence of the Minister to exercise or perform any power, function or duty that has been delegated.

The Minister may make a delegation subject to any conditions or restrictions that are deemed fit.

The Minister may at any time-

withdraw a delegation made in terms of subsection (1); and

withdraw or amend any decision made by a person in exercising a power or performing a function or duty delegated in terms of subsection (1).

[S. 208A inserted by s. 51 of Act No. 42 of 1996.]

209. This Act binds the state
This Act binds the State.

210. Application of Act when in conflict with other laws
If any conflict, relating to the matters dealt with in this Act, arises between this Act and the provisions of any other law save the Constitution or any Act expressly amending this Act, the provisions of this Act will prevail.

211. Amendment of laws
Each of the laws referred to in items 1 and 2 of Schedule 5 is hereby amended to the extent specified in those items.

212. Repeal of laws, and transitional arrangements

Each of the laws referred to in the first two columns of Schedule 6 is hereby repealed to the extent specified opposite that law in the third column of that Schedule.

The repeal of those laws does not affect any transitional arrangements made in Schedule 7.

The transitional arrangements in Schedule 7 must be read and applied as substantive provisions of this Act.

213. Definitions
In this Act, unless the context otherwise indicates-

"area" includes any number of areas, whether or not contiguous;

"auditor" means any person who is registered to practise in the Republic as a public accountant and auditor;

"bargaining council" means a bargaining council referred to in section 27 and includes, in relation to the public service, the bargaining councils referred to in section 35;

"Basic Conditions of Employment Act" means the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997);

[Definition of "Basic Conditions of Employment Act" substituted by s. 54 (a) of Act 12 of 2002.]

"code of good practice" means a code of practice issued by NEDLAC in terms of section 203 (1 ) of this Act;

"collective agreement" means a written agreement concerning terms and conditions of employment or any other matter of mutual interest concluded by one or more registered trade unions, on the one hand and, on the other hand-

one or more employers;

one or more registered employers' organisations; or

one or more employers and one or more registered employers' organisations;

"Commission" mean the Commission for Conciliation, Mediation and Arbitration established by section 112;

"council" includes a bargaining council and a statutory council;

"director" means the director of the Commission appointed in terms of section 118 (1) and includes any acting director appointed in terms of section 119;

[Definition of "director" amended by s. 52 of Act No. 42 of 1996.]

"dismissal" means dismissal as defined in section 186;

"dispute" includes an alleged dispute;

[Definition of "dispute" amended by s. 52 of Act No. 42 of 1996.]

"employee"* means-

"*Employee" is given a different and specific meaning in section 78 in Chapter V.

any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration; and

any other person who in any manner assists in carrying on or conducting the business of an employer,

and "employed" and "employment" have meanings corresponding to that of "employee";

[Definition of "employee" amended by s. 52 of Act No. 42 of 1996.]

"employers' organisation" means any number of employers associated together for the purpose, whether by itself or with other purposes, of regulating relations between employers and employees or trade unions;

"employment law" includes this Act, any other Act the administration of which has been assigned to the Minister, and any of the following Acts:

the Unemployment Insurance Act, 2001 (Act No. 63 of 2001);

the Skills Development Act, 1998 (Act No. 97 of 1998);

the Employment Equity Act, 1998 (Act No. 55 of 1998);

the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993);

the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993);

the Unemployment Insurance Contributions Act, 2002 (Act No. 4 of 2002);

[Definition of "employment law" substituted by s. 54 (b) of Act 12 of 2002.]

"essential service" means-

a service the interruption of which endangers the life, personal safety or health of the whole or any part of the population;

the Parliamentary service;

the South African Police Services;

"issue in dispute", in relation to a strike or lock-out, means the demand, the grievance, or the dispute that forms the subject matter of the strike or lock-out;

"legal practitioner" means any person admitted to practise as an advocate or an attorney in the Republic;

"lock-out" means the exclusion by an employer of employees from the employer's work-place, for the purpose of compelling the employees to accept a demand in respect of any matter of mutual interest between employer and employee, whether or not the employer breaches those employees' contracts of employment in the course of or for the purpose of that exclusion;

"Minister" means the Minister of Labour;

"NEDLAC" means the National Economic Development and Labour Council established by section 2 of the National Economic, Development and Labour Council Act, 1994 (Act No. 35 of 1994);

"office-bearer" means a person who holds office in a trade union, employers' organisation, federation of trade unions, federation of employers' organisations or council and who is not an official;

"official" in relation to a trade union, employers' organisation, federation of trade unions or federation of employers' organisations means a person employed as the secretary, assistant secretary or organiser of a trade union, employers' organisation or federation, or in any other prescribed capacity, whether or not that person is employed in a full-time capacity. And, in relation to a council means a person employed by a council as secretary or in any other prescribed capacity, whether or not that person is employed in a full-time capacity;

"operational requirements" means requirements based on the economic, technological, structural or similar needs of an employer;

"prescribed" means prescribed from time to time by regulation in terms of section 208;

"protest action" means the partial or complete concerted refusal to work, or the retardation or obstruction of work, for the purpose of promoting or defending the socio-economic interests of workers, but not for a purpose referred to in the definition of strike;

"public service" means the national departments, provincial administrations, provincial departments and organisational components contemplated in section 7 (2) of the Public Service Act, 1994 (promulgated by Proclamation No. 103 of 1994), but excluding-

the members of the South African National Defence Force;

the National Intelligence Agency; and

the South African Secret Service.

[Definiton of "public service" substituted by s. 54 (c) of Act 12 of 2002.]

"registered scope" means-

in the case of the Public Service Co-ordinating Bargaining Council, the public service as a whole, subject to section 36;

in the case of bargaining councils established for sectors in the public service, the sector designated by the Public Service Co-ordinating Bargaining Council in terms of section 37 (1);

[Para. (b) substituted by s. 54 (d) of Act No. 12 of 2002.]

in the case of any other council, the sector and area in respect of which it is registered in terms of this Act;

"registrar" means the registrar of labour relations appointed in terms of section 108 and includes-

any deputy registrar appointed in terms of that section when acting on the direction or under a general or special delegation of the registrar; and

any acting registrar appointed in terms of that section;

"remuneration" means any payment in money or in kind, or both in money and in kind, made or owing to any person in return for that person working for any other person, including the State, and "remunerate" has a corresponding meaning;

"Republic"-

when used to refer to the State as a constitutional entity, means the Republic of South Africa as defined in section 1 of the Constitution; and

when used in the territorial sense, means the national territory of the Republic as defined in section 1 of the Constitution;

"sector" means, subject to section 37, an industry or a service;

"serve" means to send by registered post, telegram, telex, telefax or to deliver by hand; and-

in respect of the Labour Courts, any other method of service specified in the rules of the Labour Court;

in respect of the Commission, any other method of service specified in the Rules of the Commission;

in respect of a bargaining council, any other method of service specified in a collective agreement concluded in the bargaining council.

"statutory council" means a council established in terms of Part E of Chapter III;

"strike" means 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 a grievance or resolving 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;

"this Act" includes the section numbers, the Schedules, except Schedules 4 and 8, and any regulations made in terms of section 208, but does not include the page headers, the headings or footnotes;

"trade union" means an association of employees whose principal purpose is to regulate relations between employees and employers, including any employers' organisations;

"trade union representative" means a member of a trade union who is elected to represent employees in a work-place;

"Wage Act" means the Wage Act, 1957 (Act No. 5 of 1957);

"working hours" means those hours during which an employee is obliged to work;

"work-place"-

in relation to the public service-

for the purposes of collective bargaining and dispute resolution, the registered scope of the Public Service Co-ordinating Bargaining Council or a bargaining council in a sector in the public service, as the case may be; or

for any other purpose, a national department, provincial administration, provincial department or organisational component contemplated in section 7 (2) of the Public Service Act, 1994 (promulgated by Proclamation No. 103 of 1994), or any other part of the public service that the Minister for Public Service and Administration, after consultation with the Public Service Co-ordinating Bargaining Council, demarcates as a workplace;

[Para. (a) substituted by s. 54 (e) of Act 12 of 2002.]

. . . . .

[Para. (b) deleted by s. 54 (f) of Act 12 of 2002.]

in all other instances means the place or places where the employees of an employer work. If an employer carries on or conducts two or more operations that are independent of one another by reason of their size, function or organisation, the place or places where employees work in connection with each independent operation, constitutes the work-place for that operation; and

"work-place forum" means a work-place forum established in terms of Chapter V.

214. Short title and commencement

This Act is called the Labour Relations Act, 1995.

This Act will come into operation on a date to be determined by the President by proclamation in the Government Gazette, except in the case of any provision in relation to which some other arrangement regarding commencement is made elsewhere in this Act.

[Sub-s. (2) substituted by s. 53 of Act No. 42 of 1996.]