Registration South African labour law

1 registration

1.1 prerequisite
1.2 procedure
1.3 specific rights

1.3.1 access workplace
1.3.2 deduction of union fees
1.3.3 election of shop stewards
1.3.4 time off trade-union activities
1.3.5 disclosure of information

registration
prerequisite

organisational rights granted registered trade unions. lra not compel trade unions , employers’ organisations register, encourage registration. granting of rights in lra registered unions. instance, registered union may

conclude collective agreements enforceable in terms of lra;
apply establishment of bargaining or statutory council;
apply establishment of workplace forum;
authorize picket members; and
exercise organisational rights.

registration not prerequisite protected strike action.

procedure

once trade union or employers organisation has complied requirements set out in lra, registrar of labour relations must register union or organisation. in respect of unions, there 4 requirements met:

the first 3 requirements apply in case of employers’ organisation; last one, given overlap, not.

specific rights

the lra makes provision granting of 5 types of organisational rights. other organisational rights may granted not referred in lra; these must obtained through negotiation , agreement. 5 types of organisational rights made provision in lra listed , discussed below:

access workplace

the logical place contact between union representatives , members represent, prospective members whom union might recruit, in workplace. section 12 of lra states registered trade union, sufficiently representative, has right of access workplace. right allows union

to enter employer s premises, recruit members, communicate members , serve members interests;
to hold meetings employees @ workplace (but outside of working hours); and
to let members vote @ employer s premises in union elections or ballots.

the purpose of access union recruit new members, communicate existing ones , serve interests of union members in other ways.

the right of access refers access union officials, clear, not affiliated union. nor such officials not have free rein. right of access not unlimited. section 12(4) states exercise of union’s right of access workplace may subject such conditions, regards time , place, reasonable , necessary protect life , property, or prevent undue disruption of work.

in case of domestic workers, there no right of access workplace, given intimate nature of workplace.

deduction of union fees

this primary source of income unions. section 13 of lra grants unions right stop-order facilities. union fees used perform work , functions of union, hire officers , offices, , provide training. there no stipulation in lra or in related regulations how unions allowed charge, not much. amount determined constitution of trade union.

payment voluntary: member of registered , sufficiently representative union may authorize employer, in writing, deduct union subscriptions wages. done on union membership form. employer should start make deductions agreed possible, , should pay subscription on union not later fifteenth day of each month.

the employee may subsequently revoke authorization, however, on written notice of month, both employer , trade union. @ end of period, employer must stop making deduction.

when paying deductions trade union, employer must furnish union with

a list of union members wages deductions made;
details amounts deducted , paid union;
the period deductions relate; and
copies of written notices of revocation of authorization union members.

election of shop stewards

shop stewards union representatives, infantry of trade union. play important role in industrial relations, being in best position represent union in workplace , relay information workplace union. after day-to-day operation of union , protection , assistance of workers work-related problems. statutory role ensure compliance law , collective agreements.

section 14 of lra provides members of registered trade union, provided union represents majority of employees in workplace, entitled elect trade-union representatives if union has @ least ten members in workplace. nomination, election, terms of office , removal office of representatives governed union’s constitution.

the number of representatives determined according number of union members in specific workplace. example, if there between ten , fifty union members, there 2 representatives. amount increases on sliding scale. maximum number of representatives twenty.

the functions of union representatives set out in section 14(4) of lra:

to assist , represent employee @ request in grievance , disciplinary proceedings;
to monitor employer’s compliance lra , other applicable laws;
to report alleged contraventions of lra or collective agreements employer, representative trade union , responsible authority or agency; and
to perform other function agreed between representative trade union , employer.

shop stewards employed employer, not union. grogan describes difficult position in shop stewards find themselves, keeping 2 sets of books, or attempting serve 2 masters, employer , trade union—masters interests diametrically opposed. situation particularly difficult, writes grogan, when shop stewards occupy supervisory or managerial positions. courts have held, however, employers may not reason forbid managerial employees being elected shop stewards; can discipline them if union role prevents them performing managerial duties properly.

the distinction between union officials , union representatives (like shop stewards) important one. trade-union officials employees of trade union; perform various duties trade union in capacity. trade-union representatives, on other hand, remain employees of particular employer @ workplace, although represent union in various ways within workplace employed.

time off trade-union activities

section 14(5) of lra entitles trade-union representative reasonable time off, during working hours, without loss of pay, perform union functions , trained in subject relevant performance of functions. meaning of reasonable in relation paid time off not stated in act.

attendance @ union conferences , meetings may require office-bearer absent work. in terms of section 15(1), office-bearer of registered, sufficiently representative trade union entitled take reasonable leave during working hours purpose of performing functions of office. in terms of section 15(2), union , employer may agree on number of days’ leave, number of days’ paid leave , conditions attached leave. if union , employer unable reach agreement, dispute may determined award made in terms of section 21 of lra.

no benchmark shop stewards’ leave emerges decided cases, arbitrators have accepted ten days per annul reasonable. employers may take disciplinary action against shop stewards if exceed or abuse powers by, example, intimidating employees, including other shop stewards. employers entitled refuse deal shop stewards if have committed serious misconduct.

item 4(2) of code of practice: dismissal, seeks discourage victimization of shop stewards requiring employers inform , consult unions before taking disciplinary action against them reason. number of cases concerning dismissal of shop stewards have reached courts. approach in such cases determine

if does, dismissal ‘automatically’ unfair, , shop steward invariably reinstated.

disclosure of information

for trade union job effectively, may need access information. section 16 provides provision of information both trade-union representatives , trade unions. registered unions represent majority of employees in workplace entitled rely on section 16.

only relevant information must disclosed: say, in terms of section 16(2), relevant information allow representative trade union engage in consultation or collective bargaining must disclosed. information must relevant effective performance of functions in terms of section 14(4). there is, in other words, important link between information required , function of representative. requirement of relevance means relevance performance of specific task.

typically information in question in hands of employer. common example production plans or plans restructuring, affect or cause retrenchment.

the registered majority union has right information when employer involved in consultation or bargaining union, or when consultation or bargaining start. example, @ annual wage negotiations, employer may argue financial position, both short- , long-term, poor. trade union may dispute , demand relevant information on employer bases argument disclosed. employer have furnish, example, proof of cancellation of orders, , reasons such cancellation, existing , possible new orders, , financial statements.

the employer, however, cannot expected disclose information which

is unavailable;
is irrelevant issue or issues under discussion;
is legally privileged;
could harm employer s business interests if disclosed; or
is private personal information relating employee, unless employee has consented disclosure of such information. possible employer convey such information union without disclosing identities.

if employer regards types of information confidential, must notify union of fact.

disputes on disclosure of information referred commission conciliation, mediation , arbitration, attempt settle dispute through conciliation and, failing that, arbitration.