The Impact of Strikes in South Africa: What You Should Know
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Strikes are one of the most visible forms of industrial action. They are also one of the riskiest, both for workers and unions. Strikers risk losing their job and not being hired back once the strike is over; workers that participate in a strike may be permanently replaced if they don’t get their jobs back after a successful strike – or worse, they may even have to leave their profession as a result of being denylisted by employers who see them as troublemakers. But strikes remain a vital weapon in any worker’s arsenal. They send a message that employees are fed up with management and ready to take action if necessary. Strikes can achieve actual results for employees and unions, especially when coupled with other tactics such as stay-aways, work-to-rules and other measures that cut production without stopping it entirely.
A Brief History of Industrial Action in South Africa
Workers in South Africa have been engaging in industrial action since the Cape Town Slave Revolt of 1872, which was the first large-scale strike action in the country. The strike was organized by the people of colour and lasted only two days, but it was the first time South Africans of different races had worked together for a common cause. The colonial authorities brutally repressed the revolt, and its leaders were exiled and/or imprisoned. The first significant industrial action came in 1913 when gold miners in Johannesburg went on strike for better wages and conditions in the mines. The strike was eventually repressed by the police. Still, it sparked numerous other labour actions, including a nationwide railway strike, a strike by municipal workers, and a general strike by the South African Labour Party and the African National Congress. The government responded by jailing the strike leaders, banning the Labour Party, and enacting a law requiring trade unions to register and be licensed.
Types of Strikes in the Labour Relations Act
– A strike without a collective agreement: A lawful strike without a collective agreement must be conducted by workers engaging in collective bargaining, not workers who have already rejected a collective agreement.
– A lawful stay-away: A stay-away must be conducted in relation to a collective agreement. The Labour Relations Act does not cover a general strike.
– An unprotected strike: A strike that occurs during the 60-day cooling-off period after a dispute has been referred to the Commission for Conciliation, Mediation and Arbitration is unlawful and its participants may be subject to civil and criminal liability.
– A protected strike: A strike that occurs once the Commission has issued a certificate that the dispute is or is likely to be prolonged. Protected strikes must be conducted in accordance-with the provisions of the Labour Relations Act.
– A wildcat strike: A strike that is unlawful, unforeseeable, and witnesses no prior negotiation or attempts at mediation by the parties.
Conditions Required to Make a Protected Strike Lawful In South Africa
– The dispute must be in relation to a matter arising out of a collective agreement.
– It must be a dispute between employees and their employer, or between employees and their employer and another person or organization.
– The employer or the person or organization against whom the dispute is directed must be party to a collective agreement.
– The dispute must be either a dispute between the employer and employees or a dispute between employees and the employer or a third party. – The dispute must be one in which the parties have a real or imminent interest.
– The strike must be conducted in accordance with the provisions of the Labour Relations Act.
Advantages and Disadvantages of Strikes In South Africa
– Strikers are well informed about the issues in dispute; this is often not the case with other forms of industrial action.
– Although the numbers involved in a strike may be small, the media often give the dispute widespread coverage. This can be a potent source of pressure on employers and government.
– Strikers are likely to be highly motivated, dedicated, and loyal to the union. This can create a feeling of solidarity among strikers that can be useful in resisting employer attempts to break the strike.
– The pressure generated by a strike can force an employer to settle the dispute quickly, before the costs of the strike to the employer surpass the costs of a settlement.
– Strikes create a risk of significant losses to workers, who may end up as permanently unemployed if they are blacklisted, evicted from their homes, or fall behind on child support payments.
– Strikes can produce solidarity among workers, but they can also alienate the public. – Strikers are vulnerable to employer pressure, including intimidation, poor morale, and, in extreme cases, violence.
Strikers’ Rights and Obligations During a Strike
– Striking workers have the right to picket, but the Labour Relations Act provides that picketing must be conducted in a non-violent, non-threatening, and peaceful manner.
– Striking workers have the right to remain on the premises and communicate freely with other employees and with the employer’s customers.
– Striking workers may be entitled to strike pay.
– Striking workers have the right to return to their jobs at the end of the strike, provided they have not committed an unlawful act during the strike.
– Striking workers have the right to union assistance in resisting attempts to end the strike.
– Striking workers have the obligation to comply with the Labour Relations Act and not to engage in unfair labour practices.
– Striking workers may be entitled to strike pay.
Bottom line
Strikes are the most visible form of industrial action, and the most likely to be opposed by management and the public. To be effective, they must be well planned, must be conducted in compliance with the law, and must be prepared for the long haul. When it comes to industrial action, a strike is a powerful weapon, but it’s a double-edged sword: it can also cut the hand that wields it.
