Our summary of the basic guide to key topics about Workplace Forums within the labour legislation according to The South African Department of Labour.

The Department of Labour offers basic guides to key topics within labour legislation. Read on for our summary of Workplace Forums. Workplace forums may be formed when there are more than 100 workers.  They promote the workers’ interests by consulting and making joint decisions.  Employers must provide relevant information to workplace forums.

Who does the Workplace Forums apply to?

The Labour Relations Act applies to all employers, workers, trade unions and employers’ organisations, but does not apply to members of the:
National Defense Force
National Intelligence Agency
South African Secret Service

Formation:

A majority trade union (1 or more trade unions whose members are most of the workers employed) may initiate a workplace forum by applying to the Commission for Conciliation, Mediation and Arbitration (CCMA) if there are more than 100 workers.

Function:

The functions of a workplace forum are to:

Promote the interests of all workers (not only trade union members)
Enhance workplace efficiency
Consult with the employer
Take part in decision-making

Rights:

A workplace forum has the right to be consulted by the employer on:

Restructuring and new work methods
Partial or total plant closure
Mergers and ownership transfers
Retrenching workers
Job grading
Criteria for merits and bonuses
Education and training
Product development plans
Export promotions
Health and safety measures

Full-Time Members:

Where 1,000 or more workers are employed, workplace forum members may elect 1 full-time member. A full-time member’s pay must be equal to his pay before they became a full-time member. When a worker stops being a full-time member, they must return to their previous post or to a higher post.

Joint Decision-Making:

Unless otherwise agreed in a collective agreement, an employer must consult the workplace forum before applying:

Disciplinary codes and procedures
Workplace rules of conduct
Measures to monitor unfair discrimination
Changes to rules of social benefit schemes

If an employer and a workplace forum disagree, the issue may be referred for arbitration or to the CCMA in writing.

Employer’s Duties:

An employer must provide all the information that will allow a workplace forum to consult and make joint decisions effectively.

An employer may not provide information that:

Is legally privileged
Violates any law or court order
May harm a worker or the employer
Is personal to a worker, unless the worker allows it

Source: South African Department of Labour