Section 21 of the Labour Relations Act describes organisational rights as a trade union’s formal request made in writing to represent employees in a workplace on a variety of selective rights.
Section 23 of the Constitution and Section 4(1) Labour Relations Act protect the rights of employees to form and join a trade union and participate in the activities and programs of a trade union. Therefore, the answer is yes, a domestic worker may join a trade union.
However, not all organisational rights apply similarly to Domestic workers. There are limitations or restricted rights. Organisational rights are subject to the following limitations for domestic workers:
- Section 12 of the Labour Relations Act grants the right of access to the employer’s premises by the office-bearer or official of a trade union. This right does not include the right to enter the employer’s home unless the employer agrees. Therefore, this is a limitation of the right of domestic workers as they work primarily in the employer’s home;
- Section 16 of the Labour Relations Act, which is the right to information disclosure, does not apply in the domestic sector.
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