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Essay / Role of collective bargaining in the causes of prolonged strikes and picketing
Table of contentsIntroductionConclusionBibliographyIntroductionIn my assignment, I will discuss the following keywords:Say no to plagiarism. Get a tailor-made essay on “Why violent video games should not be banned”?Get the original essayCollective bargaining; Industrial action and picketing. I will go into detail by defining some key words and verifying the causes of prolonged strikes, the impact of strikes on strikers, organizations, small businesses that provide services to the community as well as on the families of strikers . can be taken to avoid violent strikes. The main factors contributing to prolonged and violent strikes. I will also include the importance of agreement on collective bargaining and industrial action. This is the process by which a union and an employer negotiate the terms of the employment relationship. The main goal of collective bargaining is the conclusion of a collective agreement between the union and the employer, which includes wages, working conditions, benefits and other aspects of workers' compensation and workers' rights. The union is here the spokesperson for a group of employees employed by the employer. John Grogan defines collective bargaining as a largely adversarial process by which the employer and employee pursue collectively to resolve conflicting objectives and reach an agreement. The collective bargaining process can be established institutionally. , by agreement or in practice. The law provides for an institutional form of sectoral bargaining in the form of bargaining councils by providing a mechanism for the voluntary establishment of a bargaining council by trade unions and employers' organizations in a sector and their registration as such by the Registrar of Labor Relations if their constitution so provides. for the scope, membership, governance, negotiation of collective agreements and dispute resolution procedures in accordance with the law. Steps were taken by workers, such as strikes, to assert their demands or to press their grievances. Industrial action is protected by the Constitution as well as the Industrial Relations Act, but there are substantive and procedural requirements which must be complied with by strikers. Article 23 of the Constitution is instructive: Everyone has the right to fair labor practices. Every worker has the right to: Create and join a union; Participate in union activities and programs; and Go on strike. It is a form of protest in which people gather outside of a workplace or venue where the event is taking place. Most of the time, workers prefer picketing in order to disturb workers who are not interested in striking or sometimes they prefer it just to attract public attention. Article 17 of the Constitution recognizes the right to assemble, demonstrate, picket and present petitions. This constitutional right can only be exercised peacefully and without weapons.1. A registered union and an employer or employers' organization should seek to enter into a collective agreement on permanent picketing rules to regulate picketing in support of a protected strike or in opposition to a lockout.2. The following issues should be considered in such a collective agreement: The nature of the authorization and its meaning to the employer; Notice of start of picketing including location, time and extentpicketing; The nature of the conduct in the picket; The number of pickets and their location; The methods of communication between the marshals and the employers and any other parties concerned; The conduct of the pickets on the employer's premises; andThis code of practice and the default picketing rules annexed to this code. If the parties to the dispute giving rise to a protected strike or lockout have not entered into a collective agreement governing picketing, the parties must endeavor to agree on the picketing rules before the start of the protected strike or lockout. The answer to the aforementioned question is yes. Prolonged strikes harm both the employer and the employees and also have a negative impact on the country's economy. Employers and employees suffer the same costs; employers lose income while employees lose wages, which is difficult to recover after prolonged industrial action. In July 2017, the National Economic Development and Labor Council (NEDLAC) adopted an agreement on collective bargaining and industrial action. Accord's main objective is to influence political developments by foregrounding conflict resolution, dialogue and institutional development as an alternative to armed violence and protracted conflict. Accord specializes in conflict management, conflict analysis and conflict prevention. The parties and signatories to this agreement have committed themselves and their members to respect this agreement. in the way they agreed. I think the Marikana strike left everyone in a bad state, not to mention their families, and the way the police behaved, including the workers who were in dangerous weapon positions. The roles of the South African Police Service (SAPS) include ensuring sufficient capacity and that its members responsible for monitoring strikes, lockouts, pickets and protest actions are trained in maintaining public order . Ensure that they refrain from acting in a manner that escalates the conflict and will use only minimal force and non-lethal weapons to prevent or respond to violations of the codes. Unions play their role on behalf of workers. , they must ensure that there is no violence, intimidation and damage to property and, if this occurs, they must take all necessary measures to discourage such behavior and comply with an order of the court prohibiting violence, intimidation or property damage. In my opinion, I think strike violence is always a worrying factor, I mean we have seen the flames on tuition fees must fall, student violence, damaging institution properties, intimidating titles , they even broke them. PovertyThe impact of wages in the prolonged strike, we saw this in the Marikana strike where workers at the Lonmin platinum mine embarked on a wildcat strike, an unprotected strike for an increase in wages from August 9 2012, the strike lasted until August 16, 2012. The police opened fire on the miners, 34 died and 78 were seriously injured. The Marikana strike left everyone in a bad state, I think that's why an agreement came into force in 2017. The behavior. of the South African Police Service (SAPS) has shocked everyone, and now, thanks to measures put in place in an agreement, they know exactly what is expected of them. In 2010, it was recorded that 1.2 million public sector employees went on strike in support of wage demands. The strike continued for three weeks and calmed down thanks to the interventions of theirrespective union leaders. A significant number of strikers were essential service workers, despite 65 of the LRA banning strikes and lockouts in essential services. For the first time, the National Economic Development and Labor Council (NEDLAC) conducted multilateral negotiations on the National Minimum Wage (NMW). ), was implemented in May 2018. The objective of the minimum wage is to reduce inequalities, particularly on the part of employees who perform the same work but receive different salaries. The NMW said workers will receive a minimum of R20.00 per hour, which equates to R3,500.00 per month for someone working 40 hours per week, etc. Unemployment affects the majority of the population and propagates inequalities. between rich and poor. Unemployment affects those who work even more than the unemployed because those who work or have a job take responsibility for these unemployed families. Poverty can lead to strikes, as employees may demand an increase in their salary, due to the burden they are under, I mean supporting family members who are not working is not an easy task. Nelson Mandela once said: “Overcoming poverty is not an act of charity. It is an act of justice. It is about the protection of a fundamental human right, the right to dignity and a decent life. As long as poverty persists, there is no true freedom. The latest release of Statistics South Africa (Stats SA) shows that the unemployment rate has increased to 29.1% compared to the last quarter of 2019, which means that our government needs to wake up and start a) The Convention ILO 98 on collective bargaining requires the government to take measures appropriate to national conditions to encourage and promote the full development and use of voluntary bargaining mechanisms between employers or employers' organizations and workers' organizations , with a view to regulating conditions of employment through collective agreements. ;Authorize collective bargaining in workplaces with one or more employers;Ensure organizational rights at the workplace level.c) The government and the NEDLAC federations of unions and employers' organizations undertake to engage on a periodic basis to develop legislative and other measures. measures to promote collective bargaining at centralized, sectoral and workplace levels and to deepen the representativeness of trade unions and employers' organizations.i. Each union, employer, employers' organization and the negotiators designated to represent them undertake to adhere to the principles of good faith negotiation and mutual respect set out below.ii. Disclosure of information is essential for the union to effectively engage in collective bargaining. All relevant information must be disclosed to the union upon request and subject to confidentiality.iii. All requests and responses to such requests from a party must be made in writing.iv. A party may add a new request during negotiations only if the new request is introduced with the aim of reaching a settlement and only with the agreement of the other party.v. And the employer shall not unilaterally change the terms of employment during negotiations before the collectively agreed dispute resolution procedure has reached an impasse, failing which, when a period of 30 (thirty) days s elapsed after the dispute was referred to the CCMA or the Negotiating Council, or a certificate of non-resolution has been issued. Coded by training establishments recognized for training.