Strikes 

Legal Strikes

Employees can go on strike to express their complaints only if the issue has been referred to a council or the CCMA, and a certificate is issued saying the matter is unresolved.

In some cases, if 30 days have passed after the issue was referred to the council or the CCMA, employees can strike.

Before going on strike, employees must give their employer written notice at least 48 hours (2 days) in advance. There are some exceptions to this rule, like:

• If the issue is about a collective agreement that needs to be agreed on in a council, then the notice must go to that council.

• If the employer is part of an employer's organisation involved in the dispute, then notice must be given to that organisation.

Limitations on the Right to Strike and Lockouts

No one can participate in a strike or lockout, or in planning one, if:

• They are bound by a collective agreement that bans strikes or lockouts on the issue in question.

• They are bound by an agreement that says the issue should go to arbitration.

• The issue can be taken to arbitration or the Labour Court.

• They work in an essential or maintenance service.

Protected Strikes

Section 67 of the Act protects people who take part in a strike that follows the rules of the Act, called a "protected strike". The Act says a person is not breaking any employment rules by participating in a protected strike.

Employers don’t have to pay employees for work they miss due to the strike, but employees can ask for payment if it includes accommodation or basic needs.

Employers are not allowed to fire or take legal action against any employee who joins a protected strike.