When a trade union approaches a business for organisational rights in its workplace, it often creates confusion and frustration for an employer. This should not be the case.
In terms of section 213 of the Labour Relations Act, the definition of a trade union is an association of employees whose principal purpose is to regulate relations between employees and employers, including any employers’ organisations.
Section 23 of South Africa’s Constitution makes provision that every worker in South Africa may join a trade union and participate in the union’s activities. This fundamental human right cannot be denied by refusing to meet with a union regarding their notice to seek organisational rights. Even though the Constitution acknowledges this basic human right to workers, the Labour Relations Act further regulates how a trade union should approach a business for rights in the workplace.
According to section 21 of the Labour Relations Act, some of the following must be complied with for the trade union’s request to be considered:
- The trade union must be a registered trade union;
- The notification that the trade union seeks to exercise rights in the workplace should be in writing;
- The trade union must indicate which rights they seek to exercise;
- The notification must be accompanied by a certified copy of the trade union’s certificate of registration;
- The union must specify the workplace in respect of which they seek to exercise their rights;
- The representativeness of the trade union in that workplace, and the facts relied upon to show that it is a representative trade union; and
- The union must specify the rights they seek to exercise and how they wish to exercise it.
What are Organisational Rights? In simple terms, organisational rights are the rights that a registered trade union may exercise in a workplace once their level of representativeness has been established. These rights are to enable unions to organise and represent workers at their workplaces. A union is not necessarily entitled to all the rights, and that is why a verification meeting is crucial at the onset of your relationship.
In short, the following organisation rights may be granted to a trade union after their representativeness has been established in terms of the Labour Relations Act (Section 12 – 16):
- Trade union access to the workplace;
- Deduction of trade union subscriptions or levies;
- Trade union representatives;
- Leave for trade union activities;
- Disclosure of information
The verification meeting must preferably be held within 30 days after receiving the written notice. Should it be necessary, the parties must then endeavour to conclude a collective agreement as to how the trade union will exercise the rights regarding that workplace.
If a collective agreement is not concluded, the registered trade union or the employer may refer the dispute to the CCMA.
The above summarises what will happen once a business owners’ employees have joined a union. The process may be daunting but be rest assured that as a SEESA Labour client, you can depend on us to simplify this process. Contact your SEESA office as soon as a trade union informs you that it seeks to exercise rights within the workplace. By doing so, SEESA will ensure that the trade union complies with all legislative requirements and assist you with the step by step verification process.
Contact your nearest SEESA office to assist your business with any labour queries you might have. Alternatively, please leave your contact details on our website for a SEESA representative to contact you.
About the Author:
Michelle du Preez is currently working as a Labour Legal Advisor in the Call Centre of SEESA Labour Pretoria. She obtained her LLB degree in 2020.
Resources:
- Labour Relations Act, Act No. 66 of 1995
- The Constitution of the Republic of South Africa, 1996