The National Labour Relations Act gives you the right to bargain collectively with your employer through a representative elected by you and your colleagues. What does that mean? The Minister of Employment and Labour said that the main collective agreement concluded in the private security sector collective agreement for administrative costs and registration will be extended to non-parties. This means that the conditions are binding on the parties who entered into the collective agreement and on other employers and employees in this sector. The collective agreement will come into effect from the second Monday following the date of publication of the notice and will remain in effect until 2023. All the provisions of the previously applicable sectoral provision have been incorporated almost word for word into the main agreement. However, this agreement now replaces sectoral provision 6 and all the provisions listed in the sectoral security provision, 6. Your union and employer must negotiate wages, hours of work and other terms and conditions of employment in good faith until they agree on a contract of employment or reach an impasse or “impasse”. When negotiations reach an impasse, an employer can impose conditions as long as it has offered them to the union before reaching an impasse. Once a contract exists, neither party may deviate from its terms without the consent of the other party, except in exceptional circumstances.
If a contract expires before the next contract comes into effect, almost all the terms of the expired contract will continue while the parties negotiate (with the exception of union security, management rights, the prohibition of strikes and lockouts, and arbitration provisions). The security sector has become a huge industry and plays an active and important role in almost every job and industry in South Africa. Where the security industry was previously regulated by Chapter 8 of bcea, sector provision 6, it is now part of the National Bargaining Council for the Private Security Sector, which is extended to non-parties to the main collective agreement. This agreement was signed by Minister TW Nxesi on 17 February 2020 and published in Official Gazette No. 43036. In light of the State of the Union address delivered by the Honourable President Cyril Ramaphosa on 23 September. March 2020 and the Covid-19 lockdown for the next 21 days, starting at midnight on Thursday, March 26, 2020, the Council wishes to confirm the following: All security companies operating in the private security sector should operate to ensure that they perform the essential function of security providers to the public and their valued customers. We have worked with the state and relevant stakeholders who have confirmed that an official journal will be published confirming companies exempted from the containment protocol. Unless otherwise ordered by the government, this means that the basic functions of each company will continue to function, i.e. the armed forces, the monitoring and contact centres, the basic guard and support functions.
Christiaan Oelofse has been appointed Acting Secretary General of NBCPSS along with its Executive Secretary Chantel van Coller and would like to invite you to join us in creating and launching the much-needed NBCPSS. Article by: Maretha van Rooyen Dispute Resolution Official – Durban With regard to Part C, sections 27 to 34 of the Industrial Relations Act 66 of 1995, one or more trade unions and one or more employers` organizations may establish a collective bargaining council for a sector or sector by adopting a constitution that meets the requirements of article 30 and (b) by obtaining registration from the collective bargaining board in accordance with in Article 29. Once published, it became mandatory to comply with the regulations. You are not yet a LabourNet customer, but would you like to know more about our services and products? It is important that our CEO members comply with the following provisions, which were not included in Industry Rule 6 and are now part of the main agreement of the NBCPSS, to which the CEO and his members belong. The tax treaty governing the contribution of employers and employees to the NBCPSS was promulgated (Government Notice No. 51), which binds the parties within the meaning of Article 32 of the Industrial Relations Act and was extended to non-parties by the Honourable Minister of Labour on January 29, 2020. The tax treaty in the published version specifies the contribution of employees and employers to the NBCPSS and begins on March 1, 2020. For more information on the above topic, please contact the NBCPSS LabourNet Helpdesk which currently has 21 founding parties, including organised workers` and employers` organisations. Organized workers` and employers` organizations confirmed a Memorandum of Understanding under which negotiations were concluded to define the main collective agreement under the auspices of the NBCPSS. The main collective agreement is currently to be announced. Occupational Health and Safety Measures The NBCPSS is now more enthusiastic than ever about the implementation of the tax treaty and the main collective agreement, which point the way forward to ensure compliance, better conditions and regulation of the sector.
The Agreement is valid for a period of three (3) years and ends in 2023. It is a great pleasure to introduce the National Bargaining Council for the Private Security Sector (“NBCPSS”). The long-awaited NBCPSS was registered by the Ministry of Labour on 21 June 2018 and led to the adoption of its constitution under the reference number LR2/6/6/164. The registration of the NBCPSS has formally enabled all relevant stakeholders, workers` and employers` organizations, to undertake the mammoth task of regulating workers` working conditions and employers` obligations, and to ensure the necessary compliance with regulations in the sector. .
