October/November 2021
COLLECTIVE LABOUR LAW
LLW2602
Written by
Camecia Cass
BUY ME TO VIEW THE REST OF THE ANSWER
1
, QUESTION 1
(a) The right to freedom of association is one of the basic foundations of
collective bargaining. Discuss how this right is protected in terms of both
regional and international labour law. (10)
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.
Some of the most important of these are:
The African Charter on Human and Peoples Rights (ACHPR)
The ACHPR is one of the instruments of the African Union. Article 10
of ACHPR contains the general right to freedom of association which
goes wider than the workplace and include political, cultural or social
association.
South African Development Community (SADC)
Charter of Fundamental Social Rights
It protects the right to form and join trade unions or employers’
associations which may promote and defend socio-economic interests.
These include the right to negotiate and conclude collective agreements
provided that they comply with national legislation and practices.
ILO Conventions
South Africa ratified conventions 87 and 98 of 1948 which both deal with
freedom of association. The two conventions protect all workers
irrespective whether they are in the public or private sector as well as
self-employed and senior managerial workers.
Convention 87 of 1948
Guarantees that all employers and workers including supervisors have
the right to freely establish and join organisations of their own choice,
subject only to the rules of the organisation.
Convention 98 of 1948
2
COLLECTIVE LABOUR LAW
LLW2602
Written by
Camecia Cass
BUY ME TO VIEW THE REST OF THE ANSWER
1
, QUESTION 1
(a) The right to freedom of association is one of the basic foundations of
collective bargaining. Discuss how this right is protected in terms of both
regional and international labour law. (10)
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.
Some of the most important of these are:
The African Charter on Human and Peoples Rights (ACHPR)
The ACHPR is one of the instruments of the African Union. Article 10
of ACHPR contains the general right to freedom of association which
goes wider than the workplace and include political, cultural or social
association.
South African Development Community (SADC)
Charter of Fundamental Social Rights
It protects the right to form and join trade unions or employers’
associations which may promote and defend socio-economic interests.
These include the right to negotiate and conclude collective agreements
provided that they comply with national legislation and practices.
ILO Conventions
South Africa ratified conventions 87 and 98 of 1948 which both deal with
freedom of association. The two conventions protect all workers
irrespective whether they are in the public or private sector as well as
self-employed and senior managerial workers.
Convention 87 of 1948
Guarantees that all employers and workers including supervisors have
the right to freely establish and join organisations of their own choice,
subject only to the rules of the organisation.
Convention 98 of 1948
2
