Registered trade unions that wish to obtain any organisational rights in terms of the Labour Relations Act (LRA) 66 of 1995 need to notify the employer of this intention.
Section 21(1) and (2) of the LRA states that this notification needs to comply with the following requirements:
- It needs to be in writing;
- It must specify the workplace for which the trade union seek to exercise its rights;
- The representativeness of the trade union and facts relied upon to demonstrate that it is a representative trade union;
- The rights that they seek to exercise and the manner they seek to exercise those rights;
- It must be accompanied by a certified copy of the Trade unions certificate of registration.
The employer has a right to refuse to meet the registered trade union if they cannot comply with any of the above requirements. We advise employers to inform the trade unions in writing that they have failed to comply with Section 21 and that they will only meet them once that failure has been remedied.
To find out how SEESA can help your business visit our website at:
#TeamSEESA