Sssbc Agreement 5 Of 2002 Pdf

In the event of a dispute over the interpretation or application of this agreement, any party may refer the matter to the Commission (SSSBC) to settle the Commission`s dispute resolution procedure. The structure and content of the LRA confirm the priority given to collective bargaining as a preferred instrument of labour policy. Chapter VIII of the LRA provides protection against unfair dismissals and unfair labour practices. Unlike previous legislative systems, safeguards are specific and detailed, which is equivalent to codification. Specific safeguards offer minimums, so that the balance of substantive issues in the labour relationship is left to regulation, management and governance through collective agreements obtained through negotiation and, where appropriate, through protected social conflict actions. Collective agreements are a unique and unique type of agreement. In section 213 of the LRA, a collective agreement is defined as a written agreement on terms of employment or any other issue of common interest between unions and employers. Section 23 of the LRA gives legal authority to these agreements, including the modification of existing employment contracts, including those of a minority of non-unionized workers. I agree with Mr Bruinders, but for reasons that are somewhat contrary to what he said. Unlike Mr Bruinders, I do not see the source of the Commissioner`s powers in Agreement 5/2002. Rather, I agree with Mr. Watt-Pringle that the Commissioner`s labour relations expertise is explicitly contained in Section 24, paragraph 1 of the South African Police Service Act of 1995, which authorizes the Minister to adopt rules on members` terms of service and labour relations.

Under these powers, the Minister has given the Commissioner the prerogative to set working hours that he may, depending on the circumstances, exercise unilaterally or bilaterally with respect to existing employment contracts or collective agreements. Power therefore comes from a public source, but as the Constitutional Court has suggested, the source of power is certainly relevant, but not necessarily determinative. Similarly, if not more, the nature of power, its purpose and whether it involves the exercise of public obligations are important. There is nothing, by any nature, public about the definition of police officers` working hours. Nor are there any problems with public law, the issue is more easily the contractual regulation of private employment contracts. The nature of the power exercised and the function exercised in defining or conventioning shift work periods do not relate to the conduct of the government in its relationship with its citizenship, to which it must be accountable in accordance with the rules of representative democracy and governance. The powers and functions concerned derive from labour law and are limited by constitutional rights to fair working practices and collective bargaining.