LLW2602 - COLLECTIVE LABOUR LAW EXAM WITH CORRECT ANSWERS

LLW2602 - COLLECTIVE LABOUR LAW EXAM WITH CORRECT ANSWERS FREEDOM OF ASSOCIATION - ANSWER Entails the right of workers to form and join trade unions of their choice and to participate in its lawful activities. Employers can also form and join employers' organisations. FREEDOM OF ASSOCIATION (1) - ANSWER one of the basic principles of labour law and this is reflected in several International Labour Organisation (ILO) Conventions (Convention 87 of 1948 and Convention 98 of 1949), the LRA and the Constitution. The right to freedom of association is clearly protected in terms of sections 18 and 23 of the Constitution. FIVE ORGANISATIONAL RIGHTS - ANSWER What level of representation is needed to obtain these rights How the level of representation should be determined The processes available for obtaining these rights, and The rights of minority trade unions with regard to organisational rights TRADE UNIONS - ANSWER South Africa, trade unions were first given statutory recognition by the Industrial Conciliation Act 11 of 1924. Later, the Industrial Conciliation Act 28 of 1956 was passed, which dealt extensively with freedom of association and trade union rights. TRADE UNION SECURITY ARRANGEMENTS - ANSWER The Constitution and the LRA provide for the limitation of the right to freedom of association by amongst others allowing trade union security arrangements in the form of closed shop and agency shop agreements (section 23(6) of the Constitution and sections 25 and 26 of the LRA). It must be noted that this limitation infringe on the right to freedom of association, however the limitation is justified in terms of section 36 of the Constitution AGENCY SHOP AGREEMENTS - ANSWER Requires the employer to deduct an agreed agency fee from the wages of employees who are identified in the agreement and who are not members of the trade union which is party to the agreement, while the closed shop agreement requires all employees covered by the agreement to be members of the trade union that is party to the agreement. THE PURPOSE OF ORGANISATIONAL RIGHTS - ANSWER To enable trade unions to be more effective in their collective bargaining function. Organisational rights are only granted to registered trade unions that have a certain level of representation in the workplace. The following table shows the five organisational rights and the level of representation that a union must have, in terms of the LRA, in order to acquire them. ORGANISATIONAL RIGHTS - ANSWER Minimum level of representation access to premises of the employer (workplace), majority representation and, sufficient representation, deduction of trade union membership fees (subscription fees), majority representation and sufficient representation, election of trade union representatives (shop stewards), majority representation Leave (time-off) for trade union activities, majority representation and, sufficient representation, disclosure of information only Majority representation. THE ACQUISITION OF ORGANISATIONAL RIGHTS - ANSWER - Collective agreement - Membership of a bargaining council - Strike action - Section 21 procedure COLLECTIVE AGREEMENT - ANSWER A registered trade union and an employer/employers' organisation can conclude a collective agreement that regulates organisational rights.