Amendments to Designation and Variation of Essential Services
The Essential Services Committee (ESC) published Government Notice 3597 of 2025 on 14 November 2025, varying prior designations and adding new ones under the Labour Relations Act, 1995 (LRA).
The notice, published by the Department of Employment and Labour through the ESC, outlines changes to and additions in the designation of essential services under the LRA. These designations (originally published in GNR 1216 of 12 September 1997) determine which services are so vital to public safety or health that their interruption by strikes or work stoppages is not permitted.
Essential Services Defined
Under section 71 of the LRA, an essential service involves activities where a strike or lockout would endanger life, personal safety, public health, or the environment irreversibly. The ESC designates such services after investigating representations from relevant stakeholders, preventing industrial action to maintain societal functions like health and safety infrastructure.
Specific Amendments
Firstly, the committee revised earlier determinations relating to municipal health and tailing dams operations. Municipal health services, as defined in the National Health Act of 2003, are now explicitly recognised as essential services. This includes public primary healthcare, underscoring the importance of uninterrupted municipal health operations in protecting community health.
Secondly, the previous designation from 2018 regarding mud guards and team leaders at tailing dams has been broadened. It now covers all activities required for the construction, maintenance, risk management, inspection, and reporting at tailing dams, ensuring their safety and stability. It also includes hydro-mining services related to the integrity of water management systems, such as the monitoring and inspection of pipelines, valves, and water lines to promptly detect and correct any problems that could compromise safety.
Finally, the committee has designated the monitoring, evaluation, inspection, investigation, and registration of all health products for human use as essential services. This includes medicinal substances, medical devices, in vitro diagnostic devices, and activities related to radiation control.
These measures collectively ensure that crucial health and safety functions across municipal, industrial, and medical sectors remain continuously operational.
Implications of Designation
Designation as an essential service prohibits strikes and lockouts in the designated sector, with disputes resolved via arbitration rather than industrial action, ensuring continuity in vital sectors. Workers and employers must maintain minimum services during disputes, facing penalties for non-compliance under the LRA. This balances labour rights with public protection, as seen in updated health and mining safety roles.
