All employees have the right to freedom of association and freedom of disassociation, as outlined in Point 18 of the Bill of Rights of South Africa. This means employees can choose to join a registered trade union if they wish.
Rights of Trade Unions in the Workplace
The rights a union has in your workplace depend on the percentage of employees who are union members. This is calculated as follows:
(Number of Union Members ÷ Total Workforce) × 100 = Percentage of Union Membership
Important Note: These rights apply to registered trade unions only.
The acquisition of these rights is determined via a procedure outlined in Section 21 of the Labour Relations Act (1997). This requires the union to provide advance notification to the company of its intention to exercise one or more of the following rights, as indicated in the Act:
- Section 12: Trade Union Access to Workplace
- Section 13: Trade Union Subscriptions
- Section 14: Trade Union Representatives
- Section 15: Leave for Trade Union Activities
- Section 16: Disclosure of Information
Verifying Union Membership
A verification meeting is held once a union notifies the company of its intent to exercise its rights. During this meeting:
- The company checks if the stop-order forms are correctly completed and signed by employees.
- The details on the forms must match the employees’ information.
- The employee must have authorised the company to deduct a percentage of their wages or salary for union fees.
Representation Levels and Union Rights
The Labour Relations Act (1997) sets out the following thresholds, as guided by Section 11:
- Sufficient Representation (30%): If 30% of employees in the workplace are union members, the union is entitled to Section 12 (Access to the workplace) and Section 13 (Union subscriptions) rights.
- Majority Representation (50% + 1): If more than half of the employees are union members, the union is entitled to additional rights, including Section 14 (Trade Union Representatives), Section 15 (Leave for Trade Union Activities), and Section 16 (Disclosure of Information).
Unions in a Bargaining Council
If a union is part of the bargaining council relevant to your business, they automatically have rights under Sections 12 and 13, regardless of how many employees they represent in your workplace. This means the union can exercise these rights even if only a small number of employees (e.g., five or twenty) are members.
How SEESA Can Help
Navigating union rights and ensuring compliance with the Labour Relations Act can be complex and time-consuming. That’s where SEESA steps in. Our team of labour law experts is here to guide your business, ensuring you handle union-related matters with confidence and in full compliance with the law.
Whether verifying union membership, managing collective bargaining processes, or addressing workplace disputes, SEESA provides tailored support that aligns with your business needs.
If unions impact your workplace, Contact SEESA today for expert guidance and solutions tailored to meet your business needs.
Author:
Isaivani Govender
Labour Legal Advisor
LLB, CHRM