Here's a summary of Freedom of Association and the Role of Bargaining Agents
from the Labour Law Rules (4th Edition):
Freedom of Association
- Section 4, Constitution of the Republic of South Africa, 1996: guarantees freedom
of association
- Right to form and join trade unions or employers' organizations
- Right to participate in union activities
- Protection against unfair labor practices
Role of Bargaining Agents
- Trade unions and employers' organizations recognized as bargaining agents
- Role:
- Represent members in collective bargaining
- Negotiate collective agreements
- Resolve disputes
- Monitor and enforce compliance with agreements
- Requirements:
- Majority representation (50% + 1) for sole bargaining agent status
- Registration with Department of Employment and Labour
- Constitutional compliance
Types of Bargaining Agents
- Trade unions
- Employers' organizations
- Registered worker associations
- Statutory councils (e.g., Bargaining Councils)