The Commission for Conciliation, Mediation, and Arbitration (CCMA) and Bargaining Councils in South Africa both play crucial roles in resolving labor disputes, but they have distinct functions and jurisdictions:
CCMA (Commission for Conciliation, Mediation, and Arbitration)
- Jurisdiction: The CCMA is a national body that handles labour disputes across various sectors, especially where no specific Bargaining Council exists.
- Functions: It provides services such as conciliation, mediation, and arbitration to resolve disputes between employers and employees. The CCMA also deals with issues like unfair dismissals, unfair labor practices, and collective bargaining.
- Accessibility: Any employee or employer can refer a dispute to the CCMA, making it widely accessible.
Bargaining Councils
- Jurisdiction: Bargaining Councils are sector-specific and operate within particular industries or sectors. They have jurisdiction over disputes within their registered scope.
- Functions: In addition to resolving disputes through conciliation and arbitration, Bargaining Councils also negotiate collective agreements, establish industry standards, and manage funds for benefits like pensions and medical aid.
- Membership: They are formed by employer organizations and trade unions within a specific sector. Disputes involving parties within the scope of a Bargaining Council must be referred to that council rather than the CCMA.
In summary, while both the CCMA and Bargaining Councils aim to resolve labour disputes, the CCMA serves a broader, national role, whereas Bargaining Councils focus on specific sectors and industries.
Hope this summary may help…
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