No. 2082 2 December 1994
NO. 49 OF 1994: INTEGRATION OF LABOUR LAWS ACT, 1994.
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:
To provide for the repeal of the labour laws mentioned in Schedule 1; the extension of the labour laws mentioned in Schedule 2 to the whole of the national territory of the Republic referred to in section I of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993); and to provide for powers of regulation to regulate transitional matters.
(English text signed by the President.) (Assented to 23 November 1994.)
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-
Repeal of laws
1. Subject to sections 3 and 4, the laws mentioned in Schedule 1 are repealed.
Extension of labour laws
2. Subject to sections 3 and 4, the laws mentioned in Schedule 2 shall apply in the whole of the national territory referred to in section 1 of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993).
Regulations
3. The Minister may make regulations regulating any matter arising from the repeal of the laws referred to in section 1 or the application of the laws referred to in section 2 in those parts of the national territory in which they did not apply prior to the commencement of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), including, but not limited to-
(a) the transfer of assets, liabilities, rights, obligations and funds;
(b) the status of trade unions, employers' organisations and industrial councils and other statutory bodies registered or established in terms of the laws referred to in Schedule 1 and Schedule 2;
(c) the status of collective agreements, arbitration awards and industrial court decisions binding in terms of the laws referred to in Schedule I and Schedule 2; (d) the provision for the resolution of disputes and claims that arise before the repeal of the laws in Schedule 1;
(e) the integration of the different departments, functions and statutory bodies for the purpose of establishing a single integrated Department of Labour; and generally, any matter which he or she considers it necessary or expedient to prescribe in order that the objects of this Act may be achieved.
Commencement
4. (1) This Act shall come into operation on a date to be determined by the President by proclamation in the Gazette.
(2) Different dates may be so determined for the coming into operation of section 1 with respect to each of the laws mentioned in Schedule 1.
(3) Different dates may be so determined for the coming into operation of section 2 in different areas with respect to each of the laws mentioned in Schedule 2.
Short title
5. This Act shall be called the Integration of Labour Laws Act, 1994.
SCHEDULE 1
Number and year of law - Title
1. Transkei
Decree No.12 of 1990 Labour Relations Decree, 1990
Act No. 14 of 1977 Labour Act, 1977
Act No. 15 of 1977 Wage Act, 1977
Act No. 3 of 1979 Shops and Offices Act, 1979
Act No. 20 of 1977 Workmen's Compensation Act, 1977
Act No. 24 of 1985 Machinery and Occupational Safety Act, 1985
Act No. 11 of 1983 Unemployment Insurance Act, 1983
Act No. 10 of 1974 Apprenticeship Act, 1974
2. Bophuthatswana
Decree No. 10 of 1994 Labour Relations Decree,
1994 Act No. 4 of 1979 Bophuthatswana Labour Act, 1979
Act No. 22 of 1992 Basic Conditions of Employment Act, 1992
Act No. 49 of 1992 Occupational Safety Act, 1992
Act No. 17 of 1978 Unemployment Insurance Act, 1978
Act No. 12 of 1977 Workmen's Compensation Act, 1977
Act No. 32 of 1993 Manpower Training Act, 1993
Act No. 19 of 1979 National Provident Fund Act, 1979
Act No. 12 of 1979 Workmen's Compensation Act, 1979
Act No. 14 of 1977 Bophuthatswana Government Pension Service Act, 1977
3. Venda
Proclamation No. 3 of 1991 Labour Relations Proclamation, 1991
Act No. 11 of 1988 Basic Conditions of Employment Act, 1988
Act No. 5 of 1981 Wage Act, 1981
Act No. 11 of 1987 Machinery and Occupational Safety Act, 1987
Act No. 9 of 1989 Manpower Training Act, 1989
Act No. 11 of 1983 Unemployment Act, 1983
Act No. 9 of 1980 Workmen's Compensation
Act, 1980 Act No. 12 of 1989 Guidance and Placement Act, 1989
4. Ciskei
Decree No. 15 of 1990 Labour Relations Decree, 1990
Act No. 1 of 1989 Wage Act, 1989
Act No. 34 of 1984 Conditions of Employment Regulation Act, 1984
Act No. 35 of 1984 Machinery and Occupational Safety Act, 1984
Act No. 33 of 1984 Manpower Training Act, 1984
Act No. 11 of 1983 Unemployment Insurance Act, 1983
Act No. 11 of 1982 Workmen's Compensation Act, 1982
Act No. 19 of 1987 Manpower Placement Act, 1987
Act No. 7 of 1973 Apprenticeship Act, 1973
5. KwaZulu
Act No. 7 of 1985 Labour Relations Act, 1985
Act No. 9 of 1985 Wage and Basic Conditions of Employment Act, 1985
Act No. 10 of 1985 Machinery and Occupational Safety Act, 1985
Act No. 23 of 1987 Manpower Training Act, 1987
Act No. 24 of 1987 Workers Accommodation Act, 1987
Act No. 23 of 1988 Guidance and Placement Act, 1988
6. Qwaqwa
Act No. 13 of 1988 Labour Relations Act, 1988
Act No. 19 of 1992 Wage Act, 1992
Act No. 16 of 1992 Basic Conditions of Employment Act, 1992
Act No. 15 of 1992 Machinery and Occupational Safety Act, 1992
Act No. 11 of 1981 Apprenticeship Act, 1981
7. Lebowa, Gazankulu and KaNgwane
Act No. 48 of 1953 Black (Settlement of Disputes) Act, 1953
Act No. 28 of 1956 Industrial Conciliation Act, 1956
Act No. 70 of 1973 Black Labour Relations Regulations Act, 1973
8. KwaNdebele
Act No. 19 of 1991 Labour Relations Act, 1991
SCHEDULE 2
Number and year of law Title
Act No. 28 of 1956 Labour Relations Act, 1956
Act No. 3 of 1983 Basic Conditions of Employment Act, 1983
Act No. 5 of 1957 Wage Act, 1957
Act No.147 of 1993 Agricultural Labour Act, 1993
Act No. 85 of 1993 Occupational Health and Safety Act, 1993
Act No. 30 of 1966 Unemployment Insurance Act, 1966
Act No. 56 of 1981 Manpower Training Act, 1981
Act No.130 of 1993 Compensation for Occupational Injuries and Diseases Act, 1993
Act No. 62 of 1981 Guidance and Placement Act, 1981