Legal Strikes (Protective)

Workers have a right to strike, and employers have a right to lock out workers, if a dispute cannot be resolved. Certain procedures and certain limitations apply under certain conditions. 

Secondary strikes and pickets may also be held. Every worker has the right to strike, and every employer has the option to lock out workers, if:

  1. A dispute has been referred to a council or the Commission for Conciliation, Mediation and Arbitration (CCMA);

  2. A certificate that a dispute remains unresolved has been issued;

  3. 30 days have elapsed since the referral; and

  4. 48 hours’ written notice of a strike is given to
    a. The employer; or
    b. A council (if the dispute relates to a collective agreement to be concluded in a council); or
    c. To an employers’ organisation (if the employer is a member of an organisation that is a party to the dispute); or

  5. 48 hours' written notice of a lockout is given to
    a. The employer; or
    b. A council (if the dispute relates to a collective agreement to be concluded in a council); or
    c. To an employers’ organisation (if the employer is a member of an organisation that is a party to the dispute); or
    d. To the workers (if they are not trade union members); or
    e. A council (if a dispute relates to a collective agreement to be concluded in a council)

 

Contact us

SA Labour Dynamics

Tel: (011) 478-2704

Fax: (011) 678 4612

Postal Address: PO Box 35539, Northcliff, 2115