MRL3702 STUDY UNIT 8 FREEDOM OF ASSOCIATION, TRADE UNIONS' RIGHTS AND EMPLOYERS' RIGHTS (CHAPTER 10) STUDY GUIDE WITH COMPLETE SOLUTIONS

MRL3702 STUDY UNIT 8 FREEDOM OF ASSOCIATION, TRADE UNIONS' RIGHTS AND EMPLOYERS' RIGHTS (CHAPTER 10) STUDY GUIDE WITH COMPLETE SOLUTIONS FREEDOM OF ASSOCIATION - Answer️️ -People have the right to associate with others in order to defend and protect their common interest. IN THE WORKPLACE, FREEDOM OF ASSOCIATION ENTAILS THE RIGHT OF WORKERS TO: - Answer️️ -1. form and join trade unions of their choice 2. to participate in these unions' lawful activities 3. to organise and bargain collectively with the employer, and 4. to strike. PROTECTION I.T.O. ILO CONVENTIONS - Answer️️ -1. Conventions 87 and 98 in 1996 2. Convention 87 guarantees to all employers and workers, including supervisors, the right to freely establish and join organisations of their own choice, subject only to the rules of the organisation. 3. Convention 98 deals with the right to organise and bargain collectively. - This protects workers against acts of discrimination and victimistion by their employers on account of their trade union membership or activities. ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 2 PROTECTION I.T.O. THE LABOUR RELATIONS ACT - Answer️️ -Cornerstone of SA labour law and enacted to, amongst other things: 1. give effect to the rights entrenched in section 23 of the Constitution 2. give effect to the obligations incurred by SA as a consequence of its membership of the ILO 3. promote social justice, labour peace and workplace democracy and 4. promote orderly collective bargaining. SPECIFIC PROTECTION OF THE RIGHT TO FREEDOM OF ASSOCIATION - Answer️️ -LRA protects freedom of association for employees, employers, trade unions and employers' organisations, by determining the following 1. EVERY EMPLOYEE has the right to form and join a union - trade union membership is only subject to the constitution of the UNION. 2. EVERY UNION MEMBER has the right to participate in the lawful activities of a union and stand for election, and if eligible to be appointed as a union representative or officer. 3.AN EMPLOYER may not discriminate against an employee for exercising the right to freedom of association. ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 3 4. NO-ONE may give or promise an advantage to an employee or a work-seeker in exchange for that person not exercising her / his right to freedom of association. 5. EVERY TRADE UNION has the right to: 1. determine its constitution and rules 2. hold elections for office-bearers 3. plan and organise its administration and lawful activities 4. join federations and 5. affiliate with and participate in the affairs of international organisations ANY DISMISSAL FOR EXERCISING THE RIGHT TO FREEDOM OF ASSOCIATION IS AUTOMATICALLY UNFAIR. EMPLOYER MAY NOT REQUIRE AN EMPLOYEE OR APPLICANT FOR A JOB: - Answer️️ -1. not to become a member of a union 2. to give up membership of a particular union 3. prejudice an employee or job applicant for past, present or anticipated union membership. LRA APPLIES TO EMPLOYEES AS DEFINED IN SECTION 213 AND DOES NOT APPLY TO - Answer️️ -1. National Defence Force 2. National Intelligence Agency 3. South African Secret Service3 4. South African National Academy of Intelligence and 5. Comsec. ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 4 EMPLOYERS RIGHT TO FREEDOM OF ASSOCIATION - Answer️️ -These rights include the employers' organisations right to 1. determine its constitutions and rules 2. hold elections for office-bearers 3. plan and organise administration and lawful activities 4. join federations 5. affiliate with and participate in the affairs of international organisations. Discrimination against the employer for exercising any right conferred by LRA is prohibited. TRADE UNION SECURITY ARRANGEMENTS - Answer️️ -Constitution allows for "union security arrangements contained in collective agreements" 1. "closed-shop" 2. "agency-shop" agreements which infringe an employee's right to freedom of association. Only limits set in the constitution are that such agreements must: 1. be contained in a collective agreement; 2. comply with the general limitation clause of the Constitution. ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 5 ORGANISATIONAL RIGHTS - Answer️️ -Granted to unions by LRA to enable them to function more effectively and to build support at the workplace. Only registered Trade Unions can exercise organisational rights. ONLY A REGISTERED UNION MAY - Answer️️ -1. conclude a collective agreement which is enforceable in terms of the LRA 2. apply for the establishment of a bargaining or a statutory council, 3. apply for the establishment of a workplace forum 4. authorise a picket by its members 5. exercise organisation rights and 6. represent its members at the CCMA TYPES OF ORGANISATIONAL RIGHTS - Answer️️ -LRA PROVIDES FOR FIVE ORGANISATIONAL RIGHTS 1. the right to access to the premises of the employer; 2. the right to have trade union membership fees deducted by way of a stop order, 3. the right to elect shop stewards 4. the right of shop stewards to get time off for trade union activities and 5. the right to disclosure of information. LEVEL OF REPRESENTATION - Answer️️ -Entitlement of unions to organisational rights depends on the level of representation of the trade union in the workplace, which can be either majority representation or sufficient representation. AMENDMENT ACT CONTAINS SPECIFIC AMENDMENTS WITH REGARD TO SECTION 21 OF THE LRA - Answer️️ -The commissioner, in determining the ©SOPHIABENNETT EXAM SOLUTIONS_2024/2025 Tuesday, September 3, 2024 10:30 AM Page | 6 representativeness of a trade union, must also have regard to the composition of the workforce including: 1. temporary employment services 2. employees 3. employees employed on fixed term contracts 4. part time employees 5. employees in other categories of non-standard employment categories. UNION HAS MAJORITY REPRESENTATION - 51% OR MORE OF ALL EMPLOYEES IN THE WORKPLACE - Answer️️ -* access to the workp