Strike action is a constitutional right in South Africa, but it must be exercised within the legal framework. A strike is protected when it relates to a matter of mutual interest, proper procedures have been followed, and it's not prohibited by law.
Legal Requirements for Protected Strikes
The dispute must be referred to the CCMA for conciliation, a certificate of non-resolution must be issued, and 30 days notice must be given (48 hours in essential services).
Employer Rights During Strikes
Employers are not obliged to pay employees on strike (no work, no pay principle). Employers may use existing employees or hire temporary replacement workers, but cannot hire permanent replacements. Employers can also apply for interdicts to stop unprotected strikes or prevent violence.
Managing Strike Action
Before the strike, prepare by reviewing collective agreements, assessing business impact, and securing the workplace. During the strike, maintain communication, ensure security, and document any misconduct. After the strike, communicate clearly about return to work and address outstanding issues.
How Laborem Can Help
Strike management requires expert legal guidance. Laborem provides strategic advice, representation at conciliation, drafting of notices, and disciplinary action guidance.