Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

The Committee takes note of the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022, alleging the refusal of a university to recognise the National Union of Public Service and Allied Workers (NUPSAW) on the account that the NUPSAW was not representative enough, whilst, according to the ITUC, the national legislation does not subject the possibility to negotiate a collective agreement on organizational rights to a prescribed level of representativity. The Committee requests the Government to provide its comments in this respect.

Article 1 of the Convention. Adequate protection of casual workers against anti-union discrimination. In its previous comment, the Committee requested the Government to continue providing information on the cases of anti-union discrimination referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) that may involve workers employed by labour brokers. The Committee takes due note of the information provided by the Government, which highlights the cases before the CCMA pertaining to organizational rights and anti-union discrimination in general. Whilst acknowledging the challenge that may involve the identification of cases brought before the CCMA that concern workers employed by labour brokers, the Committee invites the Government to provide information on any decision or measures taken to ensure the effective protection against anti-union discrimination of this category of workers.

Article 4. Promotion of collective bargaining. Sectors of activity characterized by a high proportion of workers engaged in non-standard forms of employment. The Committee previously requested the Government to continue providing information on the application and impact of the section 21 of the Labour Relations Act, as amended by the Labour Relations Amendment Act, particularly on the coverage of non-standard workers by collective agreements. Regretting the absence of information in this respect, the Committee reiterates its request. The Committee further requests the Government to provide information on the number of collective agreements signed and in force in the country, the sectors concerned as well as the number of workers covered.