The South African Federation of Trade Unions (SAFTU) has indicated that it will be embarking on a nationwide protest action on 29 November 2023. This is to highlight a number of social-economic issues. The protest action will begin in all Provinces across the Country and all major cities in South Africa.
The Labour Relations Act permits registered trade unions or federations such as SAFTU, of which NUMSA amongst others is a member, to undertake protected protest action to promote the social and economic interest of workers provided that they observe the procedural requirements contained in Section 77 (1) (b) of the LRA 66, as amended.
What is Section 77? | Nedlac
- The intention of Section 77 of the LRA is to get parties to talk in the hope that disputes of a socio-economic nature can be resolved through social partner engagement.
- To this end parties are discouraged from using Section 77 and Nedlac as a rubber stamp to get permission to strike.
- Once the engagements have deadlocked, the Standing Committee makes a ruling that further engagements will serve no benefit to the parties.
- The Standing Committee will, based on this decision, issue a Sec 77 (1)(c) notice to the applicants.
- Should the applicants decide to engage in protest action, they must give a 14-day notice in the form of a Section 77 (1)(d) notice which advises Nedlac of the date of the protest.
- This protest is then considered protected, and no employer may institute disciplinary action against any worker who chooses to join the action.
The rule of no-work-no-pay applies for workers who are taking the day off to join the protest action.
