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Summary - Collective Labour Law
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- Collective Labour Law
- Institution
- University Of South Africa (Unisa)
Summary of Collective Labor Law. Chapter 11 (Freedom of Association and the role of bargaining agents)
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Collective labour lawCHAPTER 11: Freedom of association and the role of bargaining agents.
The LRA recognizes the importance of collective bargaining and supports this mechanism. It protects
the right to freedom of association and regulates collective bargaining to ensure it takes place in an
orderly manner.
HISTORICAL BACKGROUND TO FREEDOM OF ASSOCIATION AND TRADE UNIONISM IN SOUTH AFRICA
Workers' right to freedom of association and trade unionism in South Africa cannot be understood
without considering the history of the country, which has transitioned from colonization and
apartheid to democracy. During colonization, slavery was prevalent, and there was no concept of
freedom of contract, paid employment, fairness, or trade unionism.
In the latter half of the nineteenth century, skilled mineworkers and artisans, mainly from Britain,
introduced the concept of unionism. These unions excluded black workers, viewing them as cheap
unskilled labour that threatened their job security. One of the first documented trade unions in
South Africa was the Carpenters' and Joiners' Union, representing skilled white workers recruited
mainly from Australia and Europe.
The labour landscape was racially divided, influenced by legislation and political events:
Mines and Works Act 12 of 1911 and Native Labour Regulations Act 15 of 1911: Excluded
black workers from skilled and certain semi-skilled jobs in the mines and prohibited strikes
by black workers.
1912: The exclusion of black people in social, economic, and political spheres led to the
formation of the South African Native National Congress, the forerunner of the ANC.
1919: The Industrial and Commercial Workers' Union, the first black workers' union, was
formed.
1922: Violent strikes occurred on the Witwatersrand due to job competition and wage
disparities between white and black workers.
Industrial Conciliation Act 11 of 1924 (ICA): Introduced statutory recognition of unions,
collective bargaining, and strike regulation but excluded black workers.
1926: The South African Trade and Labour Council was formed, pursuing open membership
for all unions.
1946: Black union membership increased as more black people lived in urban areas. The ICA
was amended to prohibit black worker strikes, which shattered black trade unionism.
1948: The National Party apartheid government favoured white workers over black workers.
Suppression of Communism Act 44 of 1950: Suppressed collective organization by black
workers, with many black trade union leaders arrested and banned.
1954: The South African Congress of Trade Unions (SACTU), a federation of black unions, was
formed on a non-racial basis.
Industrial Conciliation Act 28 of 1956: Allowed freedom of association and trade union rights
for workers but excluded black workers from being defined as employees.
, 1961: The Republic of South Africa was formed with a constitution protecting mainly whites.
Many black trade unions were banned, and their leaders were exiled.
Bantu Labour Regulations Act 70 of 1973: Hindered black trade unionism, confining black
workers to employer-initiated committees with little bargaining power. Workers in
agriculture, gold, coal mining, and government services were excluded from the Act.
1977: Wiehahn Commission of Inquiry into labour legislation: Recommended eliminating
workplace discrimination based on sex and race. The definition of 'employee' was changed
to exclude race references.
Constitution 110 of 1983: Excluded blacks by denying them political rights.
1985: The Congress of South African Trade Unions (COSATU) was formed, supporting the
ANC, the political struggle, and calls for international sanctions against apartheid.
Interim Constitution 200 of 1993: Included labour rights such as workers' and employers'
freedom of association, leading to the draft Labour Amendment Bill of 1994, which became
the basis of the current Labour Relations Act 66 of 1995.
Final Constitution 1996: The LRA, hailed as the most progressive in Africa has been amended
several times. It provided a framework for constitutional rights to form and join trade unions
and employers' organizations and to participate in their activities. It also provided
organizational rights for unions in the workplace and entrenched the right to strike,
complying with constitutional and international obligations.
FREEDOM OF ASSOCIATION
Freedom of association is one of the basic principles and foundations of collective bargaining and is
protected by the Constitution, the LRA and ILO Conventions.
The concept of freedom of association means that people have the right to associate with others to
defend and protect their common interests. In the workplace, freedom of association entails the
right of workers to:
Form and join trade unions of their choice;
To participate in these unions' lawful activities;
To organise and bargain collectively with the employer; and
To strike.
PROTECTION IN TERMS OF INTERNATIONAL, REGIONAL AND SUB-REGIONAL LAW.
South Africa is a member state of the international community and adopted instruments that
guarantee freedom of association. As a member state of the international community, South Africa
adopts and adheres to these international, regional, and sub-regional instruments ensuring the
protection of freedom of association. All rights and protections mentioned must comply with
national laws and practices. The scope of protection extends to all workers, regardless of sector or
employment status, ensuring broad and inclusive coverage under these conventions and charters.
Some of the most important of these are:
4.1 The African Charter on Human and Peoples' Rights (ACHPR)
The ACHPR is an instrument of the African Union.
Article 10 of the ACHPR contains the general right to freedom of association.
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