How to Conduct a Fair Disciplinary Hearing

If you run a business in South Africa, especially in a sector like construction, security, or hospitality, you may have heard of bargaining councils — but what exactly are they, and how do they affect you as an employer?

Whether you’re a new business owner or managing an established operation, understanding how bargaining councils work is crucial for staying compliant and avoiding unnecessary fines or disputes. This guide will walk you through the essentials in plain English.

What is a Bargaining Council?   

A bargaining council is a body formed by registered employer organisations and trade unions in a specific industry or area. Their goal is to negotiate and enforce collective agreements on wages, working hours, benefits, and other employment conditions.

For example, the Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI) sets employment standards specifically for that sector. These councils help maintain fair labour practices — but they also introduce additional obligations for employers operating under their scope.

What is a Collective Agreement?   

A collective agreement is a legally binding contract between employers (or employer groups) and unions, reached through the bargaining council. It outlines minimum employment conditions such as:

• Basic wages

• Working hours and overtime

• Leave entitlements

• Provident fund contributions

• Medical aid or wellness fund payments

• Dispute resolution procedures

Once approved by the Department of Labour, these agreements apply to all employers in the industry — even if you’re not a member of the council.

Do I Have to Join a Bargaining Council?   

That depends on whether your business falls within the scope of the council’s registered agreement. If you operate in a covered sector or geographic area, you may be legally required to comply with the council’s rules, whether or not you’re a voluntary member.

You can check your obligation by:

• Reviewing the government gazette for sectoral determinations

• Contacting the relevant bargaining council

• Speaking to a labour consultant like Chamlabour

What Happens If I Don’t Comply?   

Non-compliance with a bargaining council agreement can lead to:

• Audits by the council

• Penalties or back-pay orders

• Legal disputes or CCMA referrals

• Exclusion from certain industry tenders or contracts

What Are My Responsibilities as an Employer?   

If your business falls under a bargaining council, your responsibilities may include:

• Registering with the council

• Paying monthly levies or fees

• Deducting and submitting employee contributions to benefit funds

• Applying the correct wage rates and working conditions

• Attending council or dispute resolution meetings when required

These rules may be stricter than the Basic Conditions of Employment Act (BCEA) — so it’s vital to understand what applies.

Our Representation Services made Easy!

Understanding the ins and outs of bargaining councils can be overwhelming — especially when your business already has a lot on its plate. That’s where we come in.

We represent employers at bargaining councils, ensuring your company remains fully compliant while protecting your interests. From registration support to audit readiness, representation in disputes, and compliance with collective agreements, we’ve got you covered.

Let’s Keep You Compliant & Confident   

Whether you’re unsure if a council applies to you or need help dealing with one, we’re here to assist with expert advice and hands-on representation.

Ask us about our monthly retainer packages — covering everything from bargaining council compliance and HR policies to disciplinary hearings, retrenchments, and contracts.

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