Freedom not to associate and freedom to dissociate South African labour law

freedom of association regarded positive right; protects rights of employees , employers actively form collective entities , join them. in case of trade unions, positive right protected prohibiting both state , employers infringing it.

freedom of association has negative aspect, however. not refer disadvantages or drawbacks may have; refers right not associate. in context of labour relations, principle of freedom of non-association means no person may force employee belong union in first place, or belong union other union of employee’s choice.

where limits of freedom of non-association lie subject of considerable controversy.

closed-shop agreements exist employer , trade union conclude collective agreement in terms of employer undertakes employ or retain in services employees have joined union. closed-shop agreement forces employees join union if keep jobs. closed-shop agreement seen infringement of employees’ right not associate.

sometimes mention made of freedom of dissociation. refers situation employees have decided associate each other decide prevent other employees associating them: example, union’s constitution stipulates employees in industry may join.

in practice, freedom of dissociation not controversial. more controversial constitutions of unions state union has right refuse admit person member of union if person eligible membership. constitution may provide expulsion of members. becomes vitally important if there closed-shop agreement, because refusal of membership of union may mean loss of job.