n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Will the 2012 amendments to the Labour Relations Act solve the problems with minimum service agreements in : case comments

Volume 24, Issue 4
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



During the past number of years some South African employees who are prohibited from striking because they perform essential services have participated in disruptive strikes (Dhaya Pillay 'Essential Services: Developing Tools for Minimum Service Agreements' (2012) 33 801 at 801). One of the causes of this behaviour has been identified as frustration with the lack of minimum service agreements (ibid) in terms of which only certain employees are obliged to perform core functions and other employees within the wider essential service are free to strike. Only two minimum service agreements have been ratified in the 15 years since the inception of the Employment Service Commission (ESC) (ibid).

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