Double Taxation Agreement South Africa And Namibia
18th September 2021
End User Licence Agreement
18th September 2021

The arbitrator`s arbitral award is in principle final and binding, as it cannot be verified by a court unless the dispute concerns the performance of obligations under a collective agreement. For such an opposition to be filed, each of the parties must submit a request for review within fifteen days from the date of the arbitrator`s arbitral award. The parties may not appeal the decision of this court. The Collective Bargaining Act is only considered for strikes and lockouts as a last resort to settle a labour dispute. The law defines a strike as a partial or total interruption of work by workers. A lockout is a partial or total interruption of work imposed by the employer. A particular type of strike is what is known as a solidarity strike, defined in the relevant legislation as an action in support of the demands of striking workers in a dispute over the conclusion of another collective agreement. Only the competent trade union may declare a strike. It should be pointed out that the collective agreement in force makes it possible to agree that individual labour disputes will first be discussed by a company conciliation body. However, the creation of such a body does not affect the possibility of applying to a court without the conciliation body first examining the case. Moreover, only the decision of the General Court is binding. Collective bargaining is initiated when one of the parties submits to the other party a written proposal for the conclusion of a collective agreement.

The latter is then required to respond immediately in writing to the proposal and to make a statement on the unadopted parts of the proposal. The law does not allow the rejection of the proposal as a whole, regardless of its explanatory memorandum. The partners have an obligation to negotiate with each other and to provide any desired cooperation. No later than 60 days before the expiry of a collective agreement, they are required to enter into negotiations with a view to concluding a new collective agreement. An employment relationship is based on a contract between an employer and an employee. According to article 29 of the Labour Code, an employment contract must include certain conditions: the nature of the work to be performed by the worker, the place of work and the date of departure. Although the Labour Code does not require the agreement to be in writing, the Directive on written employment information (Council Directive 91/533/EEC of 14 October 1991) requires employers to provide workers with a written statement on terms and conditions of employment before concluding a contract of employment. , including working conditions and remuneration for the work to be performed. . . .

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