Employment Forms
Employment Forms
FORM NO. 1
This form shall be completed if a party to a labour dispute intends to refer the dispute
to the Commission in terms of section 86 (1) of the Employment and Labour
Relations Act.
The party wishing to refer the dispute – e.g. an employer, employee, union or
employers’ organization – must complete this form.
To the other party or the dispute and a copy to the Commission in the area where the
dispute has arisen, together with proof of the Form having been served on the other
party or parties.
By hand, registered post or fax. Proof of service on any other party must accompany
the Form served on the Commission. The following constitutes proof of service-
• By fax: - fax transmission slip confirming the fax was successfully transmitted.
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E. WHAT HAPPENS WHEN THE FORM IS SUBMITTED?
The Commission shall refer the dispute to mediation and advise all parties of the
place, date and time of the first mediation meeting. Provide that the Commission may
in certain circumstances refer the dispute direct to arbitration in terms of section 88
(3) of the Employment and Labour Relations Act.
IMPORTANT
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Tick the correct box 1. DETAILS OF PARTY REFERRING THE DISPUTE
If you are an employee fill in (a) As the referring party, are you:
below
□ An employee
If you are an employer, union
official or representative or an □ An employer
employers’ organization, fill in (b)
below □ A union official or representative
□ An employers’ organization
Surname: _____________________________________
First name: ____________________________________
Employee Identity Number: _______________________
Postal address: _________________________________
______________________________________________
Physical Address: _______________________________
______________________________________________
Tel. ________________ Cell: _____________________
Fax: ________________ Email:____________________
Name: ________________________________________
Postal address: _________________________________
_____________________________________________
Physical Address: _______________________________
______________________________________________
Tel. ________________ Cell: _____________________
Fax: ________________ Email:____________________
Contact person: _________________________________
Tick the correct box 2. DETAILS OF THE OTHER PARTY (TO THE
DISPUTE)
If there is more than one other
party, write the details of the □ An employee
additional parties on a separate
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page and staple it to this form. □ An employer
□ A union
□ An employers’ organization
Name: _________________________________________
Postal address: __________________________________
______________________________________________
Physical Address: _______________________________
______________________________________________
Tel. ________________ Cell: _____________________
Fax: ________________ Email:____________________
Contact person: _________________________________
Tick the correct box 3. NATURE OF THE DISPUTE
□ Discrimination
□ Termination of employment
□ Organizational rights
□ Recognition as exclusive bargaining agent
□ Disclosure of information
□ Other (please describe) ________________________
If the dispute concerns
termination of employment ______________________________________________
complete Part B of this Form
______________________________________________
Summarize the facts of the dispute you are referring (unless
this is a termination dispute, in which case complete Part B of
this Form).
______________________________________________
______________________________________________
______________________________________________
If applicable, insert the amount If this dispute is about a claim you are owed money, state the
amount you believe you are owed:
______________________________________________
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The dispute arose on: ____________________________
(give the date, day month and year)
□ Agriculture
□ Building and Construction
□ Cleaning
□ Communications
□ Contract
□ Distribution
□ Domestic
□ Financial Services
□ Food and Beverage
□ Health
□ Mining
□ Private Security
□ Public Service
□ Retail Sector
□ Textiles
□ Transport
□ Other (Please describe)
____________________________________
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____________________________________
6. SPECIAL FEATURES/ADDITIONAL
INFORMATION
NO
______________________________________________
______________________________________________
A dispute concerning termination (a) Is an application for condonation for late filing of this
of employment to be referred to dispute necessary? Tick the appropriate box
the Commission within 30 days,
and other disputes within 60 days
of the dispute having arisen. YES
NO
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Signature Name Positive Date
PART B
□ By letter
□ At/After a disciplinary hearing
□ Verbally
□ Other (Please describe)
_____________________________________
_____________________________________
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(4) FAIRNESS/UNFAIRENESS OF TERMINATION
a) Procedural Issues
YES
NO
If yes, why?
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
YES
NO
If yes, why?
_____________________________________
_____________________________________
_____________________________________
_____________________________________
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CMA F2
FORM NO.2
This Form must be completed by a registered trade union that intends to notify an
employer or employer’s association of its intention to seek recognition as the
exclusive bargaining agent within an appropriate bargaining unit, as prescribed in
Section 67 (3) of the Employment and Labour Relations Act.
The Registered trade union seeking recognition as an exclusive bargaining agent must
complete this Form.
The Form may be served by hand, registered post or fax. The following constitutes
proof of service:-
• by fax: - fax transmission slip confirming the fax was successfully transmitted.
The employer and the trade union must meet within 30 days of the notice having been
served, to attempt to conclude a collective agreement recognizing the trade union.
This is prescribed by Section 67 (4) of the Employment and Relations Act. If there is
no agreement or the employer fails to meet with the trade union within the 30 days,
the union may refer a dispute to the Commission for Mediation and Arbitration,
which then refers it to mediation. The period of 30 days may be extended by
agreement between the employer and the union.
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1. UNION’S DETAILS
2. EMPLOYER/EMPLOYERS’ ASSOCIATION
DETAILS
Union inserts employer’s details
here Full Name: ____________________________________
Registration No: ________________________________
Any acronym: _____________Date of Reg.__________
Postal address: _________________________________
_____________________________________________
Physical Address: _______________________________
_____________________________________________
Contact Person: ________________________________
Tel. ________________ Fax: _____________________
Cell: _______________Email:_____________________
3. WORKPLACE DETAILS
If this applies to a number of
workplaces, attach details on Describe the physical address/locality of workplace(s) at
separate paper.
which the Union seeks recognition as exclusive
bargaining agent.
___________________________________________
___________________________________________
___________________________________________
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descriptions of employees.
Describe the categories of employees that the Union
proposes should constitute the bargaining unit:
___________________________________________
___________________________________________
___________________________________________
YES NO
Signature____________________________________
Name of signatory: ____________________________
Capacity:____________________________________
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CMA F3
FORM NO. 3
A. PURPOSE
This Form must be completed by a registered trade union that seeks to notify an
employer in terms of Section 64 of the Employment and Labour Relations Act, that it
seeks to exercise an organizational right conferred under the Act.
The Form must be served on the employer that the trade union has notified of its
intention to exercise organizational rights. The Form may be served by hand,
registered post or fax. The following constitutes proof of service:-
• by fax: - fax transmission slip confirming the fax was successfully transmitted.
The employer must meet with the trade union within 30 days of receipt of this Form,
to attempt to conclude a collective agreement granting the organizational rights and
regulating the manner in which the rights are to be exercised. If there is no agreement
or the employer fails to meet with the trade union within 30 days, the union may refer
a dispute to the Commission for Mediation and Arbitration. The Commission shall
then refer the dispute to mediation.
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1. UNION’S DETAILS
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- union Representatives ___________________________________________
(Section 62) ___________________________________________
- paid time off for ___________________________________________
representatives (Section ___________________________________________
62 (6)).
___________________________________________
- disclosure of information
(Section 62 (6))
___________________________________________
- paid leave (Section 63)
Signature____________________________________
Capacity:____________________________________
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TUF 4
FORM NO. 4
An employer that deducts the dues of a registered trade union from its employees’ wages
is obliged to complete this form monthly and forward it to the trade union. A copy of any
notice of revocation given by an employee to cancel the authorization to deduct union
dues, must accompany this Form.
Signature____________________________________
Capacity:____________________________________
Date: _______________________________________
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CMA F5
FORM NO. 5
DATE: _________________________________________________________________
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TUF 6
FORM NO. 6
2. I agree that the amount deducted may from time to time be increased, provided that I
am given written notification of this in advance.
________________________ __________________
Employee Signature Date
________________________ __________________
Witness Name and Signature Date
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CMA F7
FORM NO. 7
A. PURPOSE
This form enables a party that has failed to comply with the time periods for referring
a dispute to the Commission, to apply to have the dispute processed by the
Commission. A dispute concerning termination of employment must be referred to
the Commission within 30 days. All other disputes must be referred to the
Commission within 60 days. The Rules for Mediation and Arbitration proceedings
issued by the Commission set out the criteria to be applied in determining
condonation applications.
• By fax: - fax transmission slip confirming the fax was successfully transmitted.
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E. WHAT HAPPENS AFTER THE FORM IS SERVED?
The other party to the dispute may within 14 days oppose the application by filing
written submissions in accordance with the Rules for Mediation and Arbitration
proceedings. Thereafter the party seeking condonation may within7days submit a
written reply to the opposition, in terms of the Rules.
A mediator appointed to deal with the dispute may decide the application for
condonation according to the criteria specified in the Rules either on the basis of the
parties’ written submissions or by calling the parties to a hearing to consider the
matter.
IMPORTANT
Surname: _____________________________________
First name: ____________________________________
Employee Identity Number: _______________________
Postal address: __________________________________
______________________________________________
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Name: ________________________________________
Name: ________________________________________
Postal address: __________________________________
______________________________________________
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Provide reasons why the (b) Reasons for lateness
dispute was referred late. ___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
Comment on your prospects of (c) The referring party’s prospects of success in the dispute referred
succeeding in obtaining the ___________________________________________
outcome you seek, if the ___________________________________________
dispute is processed by the
Commission.
___________________________________________
___________________________________________
___________________________________________
___________________________________________
Comment on how the parties (d) Any prejudice to the other party
to the dispute would be ___________________________________________
affected by a granting or a ___________________________________________
refusal of the condonation
application.
___________________________________________
Provide any other comments (e) Any other relevant factors
that may be relevant. ___________________________________________
___________________________________________
Proof that a copy of this form
has been sent could be:
___________________________________________
___________________________________________
• A fax slip/ a registered
slip from the Post office 5. INFORMING THE OTHER PARTY
• A signed receipt if hand
delivered I confirm that a copy of this form has been sent to the other
• A signed statement by the party/parties to the dispute and proof of this is attached to
person delivering the
form.
this form.
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CMA F8
FORM NO. 8
…………………………………………………………….…
(new name of the employers’ association if applicable)
The position, names and address of national office bearers and employer’s association
officials are:
CHAIRPERSON
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Our address is:
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
Tel No:
………………………………………………………………………………………………
Section 43 (2) Labour Institutions Act No. 7 of 2004 hereby approve change of name
and/or constitution of the above mentioned employers’ association.
Signature: …………………………………
Place: ………………..…….………………
(Official stamp)
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TUF 9
FORM NO. 9
APPLICATION FOR
REGISTRATION OF AN EMPLOYERS’ ASSOCIATION
This form is filled by the Secretary of the employers’ Association and submitted to the
Registrar of Organizations, Department of Labour.
The form must be accompanied by a certified copy of the attendance register and minutes
of its establishment meeting and a certified copy of its constitution and rules.
We, ………………………………………………………………………………….
(name of the employers’ association)
The position, names and addresses of national office bearers and employers’ association
officials are:
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Position Name Work Address
CHAIRPERSON
We have ………………………………………members.
………………………………………….………………..…………………………………
………………………………………………………………………………………………
Date………………… ……..………………………………………………………………
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REGISTRAR OF ORGANISATION DETAILS
Section 43 (2) Labour Institutions Act No. 7 of 2004, I am satisfied that the information
is substantially correct.
Signature: …………………………………
Place: ………………..……………………
(Official stamp)
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TUF 10
FORM NO. 10
This form is filled by the Secretary of the trade union and submitted to the Registrar of
Organizations, Department of Labour.
The form must be accompanied by a certified copy of the attendance register and minutes
of its establishment meeting and a certified copy of its constitution and rules.
We, ………………………………………………………………………………….
(name of trade union)
The position, names and addresses of national office bearer and union officials are:
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We have ………………………………………members.
………………………………………….………………..…………………………………
………………………………………………………………………………………………
Section 43 (2) Labour Institutions Act No. 7 of 2004, I am satisfied that the information
is substantially correct.
Signature: …………………………………
Place: ………………..……………………
(Official stamp)
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TUF 11
FORM NO. 11
……………………………………..……………………………………………………….
(name of the employers’ association)
The position, names and addresses of national office bearers and employers’ association
officials are:
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We have ………………………………………members.
………………………………………….………………..…………………………………
………………………………………………………………………………………………
Section 43 (2) Labour Institutions Act No. 7 of 2004, hereby certifies the above
mentioned employers’ association as registered.
Signature: …………………………………
Place: ………………..……………………
(Official stamp)
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TUF 12
FORM NO. 12
This form is filled by the Secretary of the Employers’ Association and submitted to the
Registrar of Organisations, Department of Labour.
The Form must be accompanied by a certified copy of the resolution containing the
wording of the change and a certificate signed by the Secretary stating that the resolution
was passed in accordance with the constitution and rules.
We, ……………………………..……………………………………………………….
(name of the employers’ association)
hereby applies for registration of change of constitution and/or name of this employers’
association to
…………………………………………………………………………………………….
(new name of employers’ association if applicable)
The position, names and addresses of national office bearers and employers’ association
officials are:
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Position Name Work Address
CHAIRPERSON
………………………………………….………………..…………………………………
………………………………………………………………………………………………
Tel No:
………………………………………………………………………………………………
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REGISTRAR OF ORGANISATION DETAILS
Section 43 (2) Labour Institutions Act No. 7 of 2004, I am certified that the information
is substantially correct.
Signature: …………………………………
Place: ………………..……………………
(Official stamp)
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TUF 13
FORM NO. 13
……………………………………..……………………………………………………….
(name of the trade union)
The position, names and addresses of national office bearers and union officials are:
166
Our Address is:
…………………………………………….…………..……………………………….……
………………………………………….………………..…………………………………
………………………………………………………………………………………………
Section 43 (2) Labour Institutions Act No. 7 of 2004, hereby certifies the above
mentioned trade union as registered.
Signature: …………………………………
Place: ………………..……………………
(Official stamp)
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TUF 14
FORM NO. 14
This is a prescribed form for an employers’ association to keep records of their members
as given by Section 52 (1) (a) in the Act.
………………………………………………
(b) Name and telephone no. of contact ………………………………………………
person: ………………………………………………
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TUF 15
FORM NO. 15
This is a prescribed form for a trade union to keep records of their members as given by
Section 52 (1) (a) in the Act.
…………………………………………………………………….
…………………………………………………………………….
LIST OF MEMBERS
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TUF 16
FORM NO. 16
The position, names and addresses of national office bearers and union officials are:
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Our Address is:
…………………………………………….…………..……………………………….……
………………………………………….………………..…………………………………
………………………………………………………………………………………………
Tel No:
………………………………………………………………………………………………
Section 43 (2) Labour Institutions Act No. 7 of 2004 hereby approve change of name
and/or constitution of the above mentioned trade union.
Signature: …………………………………
Place: ………………..……………………
(Official stamp)
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TUF 17
FORM NO. 17
This form is filled by the Secretary of the trade union and submitted to the Registrar of
Organisations, Department of Labour.
The Form must be accompanied by a certified copy of the resolution containing the
wording of the change and a certificate signed by the Secretary stating that the resolution
was passed in accordance with the constitution and rules.
We, ……………………………..……………………………………………………….
(name of the trade union)
hereby applies for registration of change of constitution and/or name of this trade union
to
…………………………………………………………………………………………….
(new name of trade union if applicable)
The position, names and addresses of national office bearers and union officials are:
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Position Name Work Address
CHAIRPERSON
………………………………………….………………..…………………………………
………………………………………………………………………………………………
Tel No:
………………………………………………………………………………………………
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REGISTRAR OF ORGANISATION DETAILS
Section 43 (2) Labour Institutions Act No. 7 of 2004, I am satisfied that the information
is substantially correct.
Signature: …………………………………
Place: ………………..……………………
(Official stamp)
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