Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - South Africa (Ratification: 1996)

The Committee notes the Government's first report, as well as the Constitution of the Republic of South Africa (Act No. 108 of 1996), and the Labour Relations Act (Act No. 66 of 1995) attached thereto. The Committee notes with satisfaction that further to the recommendations made by the Fact-finding and Conciliation Commission on Freedom of Association (see Prelude to change: Industrial relations reform in South Africa, Official Bulletin, Special Supplement, 1992), the Labour Relations Act, 1995, constitutes a considerable improvement over the previous legislation. In particular, the Committee welcomes the fact that the Labour Relations Act, 1995, has broad coverage, including civil servants and rural workers within its scope. The Act does not contemplate the possibility for the authorities to modify the contents of freely concluded agreements, nor for them to exclude certain areas or classes of work from the agreements; and contains a number of guarantees and facilities for the voluntary collective bargaining process.