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Summary collective labour law
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Labour Law collective labour law and collective bargaining
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Collective labour lawChapter 13 Freedom of association
• Freedom of association and collective bargaining: requires legal protection of collective entity and members.
Constitution s23 and LRA
• Protection of freedom of association of employees:
-Right to form and join a trade union: Membership subject to constitution of trade union. Trade union=
ass of employees whose principal purpose is to regulate relations between employees and employers, incl employers
organization.
-Rights of trade union members: Participate in union’s lawful activities
: participate in election of office bearers, officials and representatives
: stand for election, be eligible for appointment and hold office of office-
bearer or official
Stand for election, be eligible for appointment and carry out functions of
representative i.t.o. LRA or collective agreement
-Protection of freedom of association : no discrimination against employee for exercising rights,
prospective and current employees.
-Freedom of ass and senior managers: entitled to join unions and participate in affairs, but not interfere
with contractual obligations. Duty to act in good faith.
• Freedom of association for employers: form, join participate in activities of employers organizations. Empl org =
number of employers grouped for purpose singly or with other purposes of regulating relations between
employers and trade unions
• Rights of unions and employers organizations : determine own constitution and rules
: hold elections
: plan and organize admin and lawful activities
: participate in forming federations or join feds
: affiliate with and participate in activities of international workers
organizations , employers organizations and international labour organization.
: autonomy
• Freedom not to associate and freedom to dissassociate: non-association= no person may be forced to belong to
a union other than union of employees choice. Infringed by closed shop agreement
: disassociation= trade union prevents other employees to
associate with them.
: unions may also refuse membership or expel member
according to constitution
• Resolution of disputes about freedom of ass : conciliation by bargaining council, CCMA and lastly labour court.
Chapter 14 Organisational rights
Organizational rights i.t.o. LRA - trade union access to workplace : if union sufficiently represented or party to
bargaining council. Purpose to recruit, communicate, serve interests. Meetings outside work hours. Right to
access subject to any condition as regards time and place as is reasonable and necessary to protect life and
, property or prevent undue disruption of work. I.e. 48h notice, meetings over lunch or after work, 2 meetings per
month, security screening.
- Deduction of trade union subscriptions or levies : Stop-order facilities. Must
supply union with list of union members, amounts deducted and paid and
periods which for, notices of revocation of authority of union members.
- Trade union representatives : 1 for first 10 employee members, 2 up to 50, 12
for 1000, max 20. Functions : assist and represent employee, monitor
compliance with LRA and collective agreements, report contraventions of law/
collective agreement, perform any other agreed function.
- Leave for office bearers for union activities : reasonable
- Disclosure of information: need for info –when representing, bargaining
: who entitled to – registered trade unions
representing majority of employees
: what info – all relevant
: disputes- CCMA
Chapter 15 Collective bargaining and the law
Definition of collective agreement: agreement in writing concerning terms and conditions of employment or any other
matter of mutual interest concluded by one or more registered trade unions on one hand and on other hand one or
more employers, one or more registered employers organizations or both.
Matters regulated: terms and conditions of employment = substantive provisions e.g. remuneration, leave. Or any other
matter of mutual interest= wider concept e.g. restructuring of workplace, granting of organizational rights
Collective agreements and conditions of employment: collective agreements vary the employment contract if contract
less beneficial than collective agreement. Can not contract out of collective agreement. Issue regulated by collective
agreement becomes part of employment contract if not regulated in contract.
Agency shop and closed shop agreements
- Nature of : agency shop: collective agreement between employer or employers organization and registered trade
union known as agency shop agreement, requiring employer to deduct agreed agency fee from wages of employees
identified in agreement who are not members of the union but eligible for membership thereof.
: closed shop: collective agreement between employer or employers organization and registered trade union
known as closed shop agreement, requiring all employees covered by the agreement to be members of the trade union.
- and freedom of association : not automatically unconstitutional. S23 Constitution limitation must comply with s36.
Purposes of enhancing collective bargaining and stable bargaining relationships. Closed shop necessary if less restrictive
agency shop available?
- and LRA: agency shops : any collective agreement subject to negotiation, employer not obliged to enter into closed
shop or agency shop agreement. If employee does not qualify for membership of union, fee may not be deducted i.t.o.
agency agreement. Only registered union representing majority of employees. Terminates if union no longer majority
after 90 period to regain majority and 30 day notice. Agency fee not more than subscriptions, paid into separate account
to protect/advance socio-economic interests of employees. Consent of employee not required.
: Closed shops : represent majority of employees. 2/3 of employees must vote for closed shop.
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