Centralised bargaining as a minimum wage fixing mechanism

[摘要] The purpose of this dissertation is to consider whether centralised bargaining,through bargaining councils, is a suitable mechanism for determining minimumwages in South Africa. In addressing this issue, the minimum wage fixingmechanisms currently available in South Africa, the impact they have on the labourmarkets and whether there is a need for reformation of our labour laws relating to thesetting of minimum wages will be considered.The dissertation focuses on the various philosophical perspectives on labour law, theinternational development of collective labour law, international wage-fixingmechanisms and the development of South African labour law from the IndustrialConciliations Act 11 of 1924 to the current Labour Relations Act 66 of 1995.The current levels of collective bargaining available in South African, focusing on theestablishment and functioning of bargaining councils, the extension of andexemption from collective agreements, as well as the use of collective bargaining toset minimum wages are discussed. The advantages and disadvantages of ourcurrent minimum wage fixing mechanisms are also discussed. For the purpose ofcomparison, reference is also made to wage fixing though sectoral determinations,although the focus of the dissertation is on collective labour law.In the international comparison, the development and functioning of the Australianand French wage-setting regulations are discussed, as well as policies that could beconsidered for application in South Africa.Collective bargaining, and in particular centralised collective bargaining, plays asignificant role in South African labour law. Since South Africa does not have anational minimum wage, centralised bargaining remains the main form of fixingminimum wages, apart from sectoral determinations. In the conclusion andrecommendations, possible solutions to the shortcomings in our centralisediibargaining system, as well as alternative means of setting minimum wages areconsidered.

[发布机构] University of Pretoria