WORKER VOICE IN SOUTH AFRICA: EXPLORING ALTERNATIVES TO COLLECTIVE BARGAINING Monray Marsellus Botha North-West University, South Africa 4 th Conference of the Regulating of Decent Work Network Developing and Implementing Policies for a Better Future at Work International Labour Office, Geneva, Switzerland 09 JULY 2015

Introduction The main inquiry: –is to explore the issue of granting a voice to employees in workplaces/companies; in particular, alternatives to collective bargaining

Labour Law Labour law: power-relations –main goal of labour legislation it to compensate the inequality in bargaining power – protection –advance economic development, social justice, labour peace and the democratisation of the workplace through the promotion of: (i) orderly collective bargaining, (ii) at sectoral level, (iii) employee participation in decision-making in the workplace and (iv) the effective resolution of labour disputes –Collective bargaining is important from a social justice perspective

Labour Law Worker participation –Flow from new dispensation: voice –Socio-economic rights –Stable productive environment –Decent and fair work

Corporate Law –Traditionally unconcerned: employees –Primary concern: shareholders –Now: other stakeholders: employees –An important question in company law remains: In whose interest should the company be managed?

Overlap Different “worlds” of company and labour law –Interaction –Corporate social responsibility –Corporate governance –Direct, indirect, weak and strong forms

Strong and weak forms Consultation and information sharing Collective bargaining Co-determination –Supervisory and social

Proposed model Corporate law: –Moved away from primarily focusing on shareholders –Employees important stakeholders Labour Law: –Protection of rights and interests –Participation in decision-making

Proposed model Corporate law: –Access to information –Statutory derivative action –Formation of company –Amendment of MOI –Business rescue –Sale of business and mergers –Whistle-blowing –Alternative dispute resolution –Social and ethics committee

Proposed model Corporate law: –Social and ethics committee social and economic development good corporate citizenship the environment, health and public safety consumer relationships labour and employment

Proposed model Labour law: –Workplace forums –Section 84 and 86 –Right to strike

Proposed model Labour law: Strikes

Proposed model Other considerations: –Empowerment –ESOPS –Skills Development –Specialised committees: health and safety, productivity, job classification, employment equity

Conclusion Pluralist approach Economic and industrial democracy Enhancement on what level?