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HR IIB (Labour Relations) Chpt.5 - Trade Unions And Employers Organisations
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Freedom Of Association, Trade Unions And Employers Organisations
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Human Resources Management IIB by ProfessorBurgerQueenFreedom Of Association, Trade Unions And Employers
Organisations
- Section 23 of the SA’an Constitution states that:
- Everyone has a right to fair labour practice
- Every worker has the right to form and join a trade union, participate in their
activities and have the right to strike
- Every employer has the right to form and/or join an employer’s organisation
and participate in its activities
- Every trade union and employer’s organisation has the right to determine its
administration, organise, bargain collectively and join a federation
- Section 4 of the LRA explains freedom of association by stating that every
employee has the right to:
- Participate in forming a trade union or federation of trade unions
- Join a trade union, subject to its constitution.
- Every member of a trade union has the right, subject to the constitution of that trade
union:
- To participate in its lawful activities
- To participate in the election of any of its office-bearers, officials or trade union
representatives;
- To stand for election and be eligible for appointment as an office bearer or
official and, if elected or appointed, to hold office; and
- To stand for election and be eligible for appointment as a trade union
representative and, if elected or appointed, to carry out the functions of a
trade union representative in terms of this Act or any collective agreement
- Every member of a trade union that is a member of a federation of trade unions has
the right, subject to the constitution of that federation:
- To participate in its lawful activities;
- To participate in the election of any of its office-bearers or officials; and
- To stand for election and be eligible for appointment as an office-bearer or
official and, if elected or appointed, to hold office.
Protection of People Seeking Employment
- An employer may not do the following to job applicants:
- Require of them to not be a member of a trade union
- Not to become a member of a trade union or workplace, forum; or
- To give up membership of a trade union or workplace forum
, Human Resources Management IIB by ProfessorBurgerQueen
Employers' Right To Freedom Of Association
- Every employer has the right:
- To participate in forming an employers' organisation or a federation of
employers' organisations; and
- To join an employers' organisation, subject to its constitution.
- Every member of an employers' organisation has the right, subject to the constitution
of that employers' organisation
- to participate in its lawful activities;
- to participate in the election of any of its office-bearers or officials; and
- IF: (i) a natural person, to stand for election and be eligible for
appointment as an office-bearer or official and, if elected or appointed,
to hold office;
- (ii) a juristic person, to have a representative stand for election, and be
eligible for appointment, as an office-bearer or official and, if elected or
appointed, to hold office.
Rights Of Trade Unions And Employers' Organisations
- Every trade union and every employers' organisation has the right, subject to the
provisions of Chapter VI of the LRA –
- to determine its own constitution and rules; and
- to hold elections for its office bearers, officials and representatives;
- To plan and organise its administration and lawful activities;
- To participate in forming a federation of trade unions or a federation of
employers’ organisations;
- To join a federation of trade unions or a federation of employers’
organisations, subject to its constitution, and to participate in its lawful
activities; and
- To affiliate with, and participate in the affairs of, any international workers'
organisation or international employers' organisation or the International
Labour Organisation, and contribute to, or receive financial assistance from,
those organisations.
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