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Lecture notes LLW2602 - Organisational Rights
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COLLECTIVE LABOUR LAW NOTES ON ORGANISATIONAL RIGHTS ( ESSENTIAL FOR EXAM REVISION!!!)
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OrganisationalRights
Chapter 14
Section 4 – 7
Week 3
The right to organize
Organisational rights are rights regulating the relationship
between employers, employees and trade unions.
The enjoyment of general civil liberties (civil and political
rights in society) are important for the effective exercise of
trade union rights.
ILO conventions must refrain from interfering with TU
activities
Purpose – HOSPERSA: for unions ‘to get their foot in the
door’
Du Toit: organisational rights are used to ’build up
bargaining power to convince employer to negotiate’.
, The importance of
organisational rights
Organisational rights are a central theme in SA labour
relations.
Trade unions will seek recognition of their presence in the
workplace and the rights that follow.
It is a way of enabling a trade union to establish a
collective bargaining relationship.
Assist the trade union in gaining members and engaging
with the employer.
The employer may not be compelled to bargain with the
trade union, but they can be compelled to recognise the
trade union and afford them organisational rights
Requirements for unions
to qualify for statutory
organisational rights
(Only registered unions that are representative may
acquire organisational rights in term of the LRA)
Nothing prevents a trade union from obtaining
organisational rights through other means, including
collective bargaining and industrial action
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