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Why are there so few minimum service level agreements? A case study of a metropolitan municipality.
In terms of the South African Constitution, every worker has the right to strike. This right is regulated in the Labour Relations Act. Workers engaged in essential services are prohibited from striking. The prohibition does not apply if a minimum service level agreement, guaranteeing services in the...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2020
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| Summary: | In terms of the South African Constitution, every worker has the right to strike. This right is regulated in the Labour Relations Act. Workers engaged in essential services are prohibited from striking. The prohibition does not apply if a minimum service level agreement, guaranteeing services in the event of a strike, has been concluded between employers and trade unions. The Essential Services Committee, established under the Labour Relations Act ( the Act), must ratify these agreements before they become effective. More than two decades after the LRA was promulgated, very few ratified minimum service level agreements have been concluded in the municipal sector. This study explores the reasons for this and suggests legislative and policy interventions that could be considered on a sector wide basis. The study is by way of a single-case study of a metropolitan municipality. Data were obtained from two sources: 14 semi-structured interviews with participants and from an analysis of documents relevant to the regulation of essential services. The study established that the legislative framework for regulating essential services in South Africa is consistent with the principles and decisions laid down by the International Labour Organisation. It however does not provide guidelines for determining minimum service levels. An apparent unevenness between the representatives of the negotiating counterparts exists in the municipal sector in South Africa. Many of the party representatives negotiating minimum service levels, do not work in designated essential services or possess relevant technical skills. The findings of the study suggest steps that could be taken to strengthen the capacity of the Essential Services Committee to assist parties in the municipal sector to conclude minimum service agreements and build the negotiating capacity of the parties. The study also makes recommendations regarding improved participation by essential service workers and the broader community in the process. |
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