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A strike is a temporary withdrawing of labour.

It is in this light that strike law is removed from


the larger whole to benefit only a few whilst hurting a lot . According to the labour Act it states
that the employer should prevent an employee from seeking legal redress for a wrong he feels
have been done to him . This shows that the Labour Act gives a right to take action to make
amendments on wrongs done, making strike law to be at the cutting edge of the bourgeousies
Labour Act. This essay seeks to reveal how the labour act protect capital at the expense of
employees making it difficult for employees to go on strike .

To begin with ,essential service is one factor that shrinks labours voice to strike . It goes on the
account of endangering peoples lives . Services such as health , fire , and transport are defined
as essential and cannot stop functioning and so are prohibited from striking. Brewster, [1995]
says that the objective is to stop production and take cognisance of the demands of employees.
This shows that an employee from these such services cannot strike as it is illegal on the account
that if they strike there will be endangering peoples lives . This then leaves then leaves the
employer prone to working nomatter what circumstance he faces at the workplace .For example
security guards are not allowed to strike even if they have the right to as they may render threats
to peoples lives . Thus making one say that the employer is left with more voice on the
employee showing that strike law is at the cutting edge of the bourgeousies labour act reason
being that it favours a few and hurt the most .

Adding on , the fourteen days notice also shows that strike law is at the cutting edge of the the
bourgeousies labour act .It states that before one can go on strike he has to give warning of his
intentions to strike to the employer or trade union with his complaints and it should be given
14days before one strikes .It can be noted that at times one may have no formalized trade union
thereby making it hard for procession to be taken faster . Also the act of having to give notice
before one strikes show that there is delayment of progress in what the employee needs giving
the employer time to respond before the strike happens as management calls for negotiations .
Thereby favouring the capital to take action before employee strikes . Thus strike law favours a
few and urt the most .

Furthermore, secret ballot reveals that strike law is at the cutting edge of the bourgeoisie labour
act reason being that it favours a few and hurt the most . Before one can go on strike there has to
be a vote for the strike action to be officialised to take place . There must be a fifty-fifty
agreement to strike yet management is in the committee of the bourgeousies therefore a fifty
one versus fourty- nine voting percentage is likely to be .Armstrong, [2001] says that with
management which is the executives its difficult to win over in votes. This then means the
outcome is in favour of the bourgeoisies thereby favouring a few and hurting the most .
Percentage outcome interms of three quarters of employers denouncing strike against a quarter
wanting strike means a favourable outcome to the capitalists at the expense of the employees
who are left at the mercy of the employers. Thus it can be noted that strike law is at the cutting
edge of the bourgeoisies labour act reason being that it favours a few and hurt the most .

Moreso , dispute of interest is among the factors that shows that strike law is at the cutting edge
of the bourgeoisies labour act reason being that it favours a few and hurt the most . The labour
act states that where the labour court has referred a dispute to compulsory arbitration no
employee shall engage in collective job action in respect of the dispute .Gwisai, [2006] says that
a strike is not an voluntary event to which one can just practice with no valid cause. Employees
are only allowed to strike if it is a dispute of payment yet it means an advantage to employers
who at times give employees difficult working conditions which are hard to cope with but they
cannot resort to collective job action for they can only do so when its a dispute of payment . It
then means that strike law is applicable only when it is a dispute of interest e.g enforce higher
wages. At times its referred to arbitration and no strike happens . Hence strike law is at the
cutting edge of the bourgeoisies labour act.

Not only that but , registered trade union is another factor that reveals that strike law is at the
cutting edge of the bourgeoisies labour act . The labour act states that for an employee to resort
to strike action theyhave to be under a registered trade union that helps authorise the procedures
yet some informal sectors have no trade unions to represent them to hold a collective job action .

This inturn means that the capitalist can usurp his powers to make the employee do things in his
way without denial since having nowhere to turn to yet an employee has a right to strike if
conditions are not favourable . It can be noted that having no registered trade union is equivalent
to a child without a mother and so having nowhere to report his problems. Thus strike law is the
cutting edge of the bourgeoisies labour act .

Apart from that, Public Order Security Act acts more in favour of the few whilst hurting the most
.The security act sets an expected number of any mob to which it gives a maximum of four
members yet a strike cannot completely yield fruitful results with a few people .Bondix, [2010]
says POSA is a tool of exploitation of worker , a wolf in sheep clothing. The act also says there is
need for applying 4days before striking which also gives the employer time to react and act
before striking. By this act the police is given powers to rule unfairly plotting against employees
rights. For example in the 1990s people could not just gather at any place . Therefore this shows
that strike law is at the cutting edge of the bourgeoisies labour act.

However it can be argued that at times there are cases of emergency that demands attention as
soon as possible without waiting before withdrawing labour and resorting to strike action . Some
workplaces such as fire and mines are at risk of dangers and at times they may be fire where
there is need to automatically hold a collective job action for it will be a life threatening case and
only needs action be taken without thinking twice . At this point it can be pointed that there will
be no need for a 14days notice at such an harzadous condition neither can they be need for
conciliation and arbitration .Thus it can be noted that at times strike action is considered and
done without having to consult any authority and despite having a trade union.

Conclusively it can be noted that to a larger extent strike law is at the cutting edge of the
bourgeoisies labour act reason being that it favours a few and hurt the most due to the secret
ballot, the fourteen days notice, registered trade union , dispute of interest , and essential service.
These factors act largely in favour of the bourgeoisies whose preferences are met and their power

exercised on employees to suit them . However one can argue that due to cases of emergency at
workplaces there is ignoring of the 14days notices or warnings of intentions to go on strike and
so employees are exposed to retreating to collective job action without consultation .

Reference

Armstrong , M. [2001]A Handbook Personnel Management Practice 11th Edition, London. Kogan
Page.

Bondix, S. [2010] Industrial Relations in South Africa Capetown, Jute Publisher.

Brewster, D andCannock, S[1995] Industrial Relations Cost-Effectiveness.

Gwisai, M.[2006] . The Labour and Empowerment Act.Harare.

Labour Act Chapter 28.01

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