Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - South Africa (Ratification: 1996)

The Committee notes the Government’s comments to the observations of the International Trade Union Confederation received in 2022.

Article 1 of the Convention. Adequate protection of casual workers against anti-union discrimination. In its previous comments, in the light of the adoption, in August 2014, of provisions of the Labour Relations Amendment Act aimed at better protecting the rights of workers employed by labour brokers, the Committee requested the Government to provide information on the cases of anti-union discrimination brought before the CCMA concerning workers employed by labour brokers and on any additional measures taken to ensure their effective protection in this regard. The Committee notes the Government’s indication that the CCMA does not aggregate its data according to categories of employees, but only according to employees in particular sectors. Acknowledging the challenge that may be involved in the identification of cases brought before the CCMA concerning workers employed by labour brokers, the Committee once again invites the Government to provide information on decisions, if any, brought before the CCMA or on additional measures taken to ensure the effective protection against anti-union discrimination of such workers in practice.

Article 4. Promotion of collective bargaining. Sectors of activity characterized by a high proportion of workers engaged in non-standard forms of employment. The Committee previously requested the Government for information on the application and impact of Section 21 of the Labour Relations Act which provides that in case of a dispute about a trade union’s level of representativeness, the decision taken by the Commissioner must, in addition to the factors already provided for in the law, also consider the extent to which there are workers engaged in non-standard forms of employment in the corresponding bargaining unit (temporary employment services (labour brokers) employees, employees with fixed-term contracts, part-time employees, or employees in other categories of non-standard employment), on the coverage of workers engaged in non-standard forms of employment by collective agreements. The Committee notes the Government’s response that there are 47 Bargaining Councils in the country responsible for negotiating and concluding collective agreements which are 131 in number, and which cover employees engaged in both standard and non-standard forms of employment in manufacturing, metal and engineering, construction, clothing and textile, private security, road freight and logistics, public service, and education sectors. It further notes that the Department of Employment and Labour is working in collaboration with the CCMA to identify areas where the amended Section 21 has improved access to collective bargaining for vulnerable workers and where further interventions may be necessary. The Government however indicates that collective agreements outside the scope of Bargaining Councils are not required to be reported and are therefore not produced. Welcoming the Government’s efforts to identify areas where Section 21 of the amended Labour Relations Act may allow improved access to collective bargaining for vulnerable workers, the Committee requests the Government to continue providing information on the coverage of workers engaged in non-standard forms of employment through collective agreements concluded through Bargaining Councils as well as out of the scope of Bargaining Councils.

Promotion of collective bargaining in practice.The Committee requests the Government to: (i) provide information on the number of collective agreements concluded and in force in the country, the sectors concerned and the number of workers covered by these agreements; and (ii) inform on the measures taken to promote collective bargaining in the different sectors covered by the Convention.