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Summary LLW2601 - Individual Labor Law Study notes
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lOMoARcPSD|4339232Collective labour law notes
Indivudual Labour Law (University of South Africa)
, lOMoARcPSD|4339232
Collective Labour Law
Labour law deals with legal consequences of employment relationship. Regulates individual & collective
employment relationship.
Individual: Between one employer & one employee
Collective: Between one or more employers and more than one employee
Employers may act collectively by joining employers’ organisations. Employees do this by joining trade unions.
LRA regulates registrations of these.
Employment basis is formed on a contract, therefore, law of contract applies.
Freedom of Association:
One of the basic principles of collective labour law as it’s the foundation for collective
bargaining. Reflected in International Labour Organisation (ILO), LRA and Constitution.
Freedom of association means people have right to associate with others to defend & protect their
common interests. This right is protected by LRA, Constitution and ILO conventions.
2 types of freedom of association:
1. Section 18 – Grants everyone right to freedom of association
2. Section 23 – Grants freedom of association specifically to workers, trade unions, and employers
from employers’ organisations
In the workplace, freedom of association entails the right of workers to:
Form & join trade unions of their choice
Participate in these unions lawful activities
Organise & bargain collectively with
employer To strike
Freedom of association does not apply to:
National defence force
State security agency (Includes national intelligence agency, SA secret service,
COMSEC) These are still protected by constitution.
Managerial employees have limited right to freedom of association – Must balance common law duty to act in
good faith with their right to freedom of association.
5 organisational rights – LRA prescribes:
Level of representation needed to acquire these
How level of representation must be
determined Process for obtaining these rights
Rights of minority trade unions with regards to these rights.
Protection in terms of ILO conventions:
Government signed & ratified 2 most important ILO conventions, namely conventions 87 and 98 in 1996:
Convention 86: Allows all employers and workers right to freely establish & join organisations of their
choice, subject to rules only of organisation.
Convention 98: protects workers against acts of discrimination & victimisation by their employers on
account of their trade union membership/activities. Also protects unions and employers’
organisations against interference.
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, lOMoARcPSD|4339232
Protection in terms of LRA:
Purpose of enactment of LRA:
Give effect to rights entrenched in Sec 23 of constitution
Give effect to obligations incurred by SA for its membership of
ILO Promote social justice, labour peace & workplace democracy
Promote orderly collective bargaining.
Specific protection of right to freedom of association:
LRA protects by determining the following:
Every employee has right to join / form trade union.
Every union member has rights to participate in lawful activities, stand for election, be appointed as
union rep – if eligible
Employer may not discriminate against employee for exercising this right. Employer may not
require employee/ job applicant:
o Not to become member of union
o To give up membership of a union
o Be prejudiced if they are a member of a union
No one may give an advantage to an employee for not exercising right to freedom of
association Dismissal for exercising right to freedom of association is automatically unfair
Every trade union has right to:
Determine its constitutions and rules
Hold elections for office bearers
Plan and organise its administrative and lawful
activities Join federations
Affiliate and participate in affairs of international organisations
Employers’ right to freedom of association:
Exercised by joining employers’ associations. Includes employer’s organisational right to:
Determine constitutions & rules
Hold elections for office bearers
Plan and organise its administrative and lawful
activities Join federations
Affiliate and participate in affairs of international organisations
For disputes regarding freedom of association – should be referred to bargaining council, statutory council or
CCMA if no council exists.
If still unresolved, refer to labour court.
Trade union security arrangements:
Right to freedom of association may be limited. Constitution and LRA provide for this limitation to this right by
allowing security arrangements in the form of:
Closed shop agreements:
Concluded by majority union & employers’
organisation/employer. Concluded by way of collective agreement
Employees must have ballot before agreement is concluded
2/3 employees who will be covered must vote in favour
Employees who do not wish to join may not be dismissed
Nedbank Group Limited Internal Use Only
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