1. Employees without distinction shall have the right to join or form trade unions or organisations of their own choosing and to bargain collectively, without prior authorisation from their employer.
2. Employers shall ensure that wage increases and benefits of employment are determined through a process of fair negotiation in which workers get a genuine opportunity to represent their interests.
3. Employers shall adopt an open attitude towards the activities of trade unions and their organisational activities, allow and facilitate trade union access to the workplace to organise workers, and shall not discriminate against any person because of his or her trade union membership or political affiliation.
4. Representative trade unions organising workers shall be accorded organisational rights in terms of the provisions of the Labour Relations Act 66 of 1995.
5. Management shall furnish employees and their representatives who engage in collective bargaining with all relevant information to enable them to engage meaningfully in negotiations.
South African Legislation
- Section 18 provides that everyone has the right to freedom of association.
- Section 23(1) provides that everyone has the right to fair labour practices.
- Section 23(2) makes provision for employees’ right to form and join a union, to participate in the activities and programmes of a trade union and to strike (as regulated by national legislation). Section 23(5) provides for trade unions to engage in collective bargaining read with relevant national legislation such as the Labour Relations Act.
- These rights may be limited if reasonable and justifiable in terms of section 36 of the Constitution.
Labour Relations Act, Act 66 of 1995, as amended:
- Section 4(1) provides that every employee has a right to form and to join a trade union, subject to that trade union’s constitution. A Employee of a trade union may participate in that trade union’s lawful activities, participate in election of office bearers, officials and representatives, to hold office if elected and if appointed as a trade union representative, to carry out such function in terms of the Act or collective agreement (Section 4(2)).
- LRA: Section 5 Protection of employees and persons seeking employment.
- LRA section 13 Deduction of trade union subscriptions.
- LRA Section 12 Trade union access to workplace.
- ILO 087, Freedom of Association and the Right to Organise, 1948
- ILO 098, The right to organise and Collective bargaining, 1949
- ILO 151, Labour Relations, 1978
- ILO 154, Collective Bargaining, 1981