Collective bargaining in South Africa has experienced fundamental changes
since 1995 when a complete overhaul of the labour market was undertaken.
However, a careful examination of the post-apartheid industrial relations
framework shows that the balance of power has shift ed increasingly in favour
of employers.
Employers not only have a right to resort to lock-outs when workers
embark on industrial action, they can also hire replacement labour during
strikes. At the same time, workers in essential and maintenance services
are prohibited from taking strike action and whenever there is a stalemate
between them and their employers, all workers can do is seek conciliation and
arbitration. In addition, there are a range of apartheid-era laws which limit
the way that workers engage in marches and pickets.