Bargaining Council July’26: LRA Requirements for Reporting of Strikes, Lockouts or Protest Action

Reporting of Strikes, Lockouts or Protest Action

The Department of Employment and Labour has formally requested the assistance of the Bargaining Council to disseminate the attached Form LRA 9.2 to its affiliates. LRA-9.2-FORM.pdf

This request is made in accordance with Section 205 (3) (a) and (b) of the Labour Relations Act 66 of 1995, which requires an employer to keep a record of the prescribed details concerning any strike, lockout, or protest action involving its employees and to submit those on the prescribed form (see Form LRA 9.2 above). The Form must be submitted to the Department of Employment and Labour within seven days of the conclusion of any strike.

The Labour Relations Act defines a "strike" as follows:

"strike" means the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between employer and employee, and every reference to "work" in this definition includes overtime work, whether it is voluntary or compulsory.

The Act defines “protest action” as “the partial or complete concerted refusal to work, or the retardation or obstruction of work, for the purpose of promoting or defending the socio-economic interests of workers, but not for a purpose referred to in the definition of strike.”

 The primary aim of collecting this information is to produce the Industrial Action Report, which provides a comprehensive analysis of labour conflict behaviours within the South African labour market and their effects on households. This report includes detailed information regarding businesses impacted by work stoppages, classified by province, strike duration, industry, type, and underlying causes of the strikes. The data submitted to the Department of Employment and Labour will thus contribute meaningfully to its annual Industrial Action Report.

As you will be aware, our labour law distinguishes between protected and unprotected or lawful and unlawful action. The Terms of the Main Collective Agreement of the National Bargaining Council provide, amongst others, that: 

• no person bound by the provisions of this Agreement shall engage in a lawful strike or lockout or any other conduct in the furtherance of a lawful strike or lockout in respect of any matter regulated by this Main Collective Agreement; and.

• The Council shall be the only forum for negotiations and conclusion of substantive agreements on remuneration or Basic salaries or wages, and benefits and other conditions of employment between Employers and the Employers' Organisation on the one hand and Employees and the Trade Union on the other hand, for the purpose of concluding a collective agreement.

Please note that the requirement to report relates to both lawful and unlawful action.

The Department has requested that employers indicate their commitment to adhering to the labour regulations by completing and submitting the Form LRA 9.2 to the Registrar.

Please contact your Employers’ Organisation representative should you require further assistance concerning the submission of the Form.

In the event that you require assistance with any strike or protest action, you are urged to contact your Employers’ Organisation and Trade Union.

Please consult the Council’s WEBSITE for the contact details of Agents in your area.

For more information, contact: www.hcsbc.co.za