South Africa’s Plant Closing System Of Analysis

In South Africa, the right to strike is a fundamental human right of citizens, a certainnumber of workers to improve labor treatment in the workplace collective to stop workingin order to protect its interests. However, when workers the right to strike to safeguardtheir legitimate rights and interests, the employer’s loss of rights and interests are protected.Therefore, South Africa in the strike of the system formed on the basis of the basic rightsand makes it easier for employers maintain the close factory system. Plant closing systemin South Africa since their formation, through the progressive development and furtherimprove the already quite mature. Not only guarantees the development and improvementof the South African labor law system is more worthy of and learn from other countries.The basic conditions of the South African plant closing system on the legal and plantclosures as well as application and acceptance of the main program and so has madedetailed provisions, contributed to the development of labor relations in maintaining thehealth of South Africa. However, due to plant closings right enjoyed by the employer theright to workers’ right to strike, employers naturally strong position and the right to strikelegislation to protect the weak in the first place makes South Africa had the right of theemployer’s plant closing multi-limit, in order to avoid plant closings rights abuse. Whenlawful lockouts been established, the processing of the strikers is particularly important.In addition to legal lockouts, illegal lockouts loss, the employee can either lift thestatutory procedures to stop the acts of the employer lockouts can also ask for a fair andreasonable compensation. Dispute resolution mechanisms can be divided into public reliefand private relief in two ways. The choice of the right to relief mode, the mode of publicrelief in South Africa have become more respected, the main choice of the majority ofworkers in South Africa encounter illegal plant closing disputes. South Africa’s currentillegal lockouts Rights Remedy is divided into three levels: labor dispute occurs, theparties shall be resolved through consultation, and unwilling to consult or the consultationfails, you can apply to the enterprise labor dispute mediation committee for mediation;mediation fails, you can labor dispute arbitration committee for arbitration; appeal to laborcourts have jurisdiction over the dispute has arisen under any circumstances, the court’sdecision is final, the parties must abide by.Institutional development of the plant closings, South Africa now has formed arelatively complete system of great inspiration to the development of the legal system inChina: First, China’s legal system should be established to improve the labor, constructionlabor law system in line with the development of China’s modernization; Secondly, China should as soon as possible to establish the strike legal system with Chinese characteristics,strike action into the legal system; again should be flexibility in the use of the collectivebargaining system, to enhance the independence of the Chinese trade union organizations;relatively independent labor litigation system should be established in order to protect theChinese labor laws implementation and execution of the system.