PEMA5122 Collective Labour Law Unit 7
17 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

During which period of time was the concept of unionism introduced to South Africa?

Late 90s

During the colonial period, freedom of contract was recognized and protected for workers in South Africa.

False

What does the acronym LRA stand for?

Labour Relations Act

What are the two groups of employees that have limited freedom of association?

<p>Members of the SANDF and SSA and Senior Managerial Employees</p> Signup and view all the answers

According to the document, what are the two key aspects that are protected by the Constitution when it comes to freedom of association?

<p>Section 18 and Section 23</p> Signup and view all the answers

What is the key point that the document highlights regarding the right to join a union for members of the SANDF and SSA?

<p>They are barred from joining unions due to the Defence Act</p> Signup and view all the answers

What is the purpose of a workplace forum in South Africa?

<p>To promote the interests of all employees, enhance efficiency, be consulted by the employer for reaching consensus, and participate in joint decision-making.</p> Signup and view all the answers

What is the main difference between centralized and decentralized collective bargaining?

<p>Centralized bargaining occurs at the sectoral level, covering an entire industry or sector, while decentralized bargaining is specific to individual workplaces or enterprises.</p> Signup and view all the answers

What is the primary purpose of a bargaining council in South Africa?

<p>To address matters of mutual interest between unions and employers.</p> Signup and view all the answers

In a closed shop agreement, all employees are required to be members of a union.

<p>True</p> Signup and view all the answers

What document explains the rights to access the workplace and membership fee deductions?

<p>Page 204 of the textbook</p> Signup and view all the answers

What is a trade union defined as?

<p>An association of employees who come together to regulate their relationship with employers and protect their interests.</p> Signup and view all the answers

What procedure is often used to resolve disputes related to organisational rights in South Africa?

<p>The CCMA (Commission for Conciliation Mediation and Arbitration) or the Conarb (Conciliation Arbitration) process</p> Signup and view all the answers

According to the document, what legal effect does a concluded collective agreement have on the employment agreement?

<p>It becomes an integral part of the employment agreement, governing terms and conditions for employees.</p> Signup and view all the answers

What is one of the key features of a collective agreement related to employee rights?

<p>It must be in writing</p> Signup and view all the answers

What is the primary role of the CCMA when it comes to resolving disputes about collective agreements?

<p>To provide arbitration and mediation services if the parties cannot resolve their disputes through the process outlined within the collective agreement.</p> Signup and view all the answers

What is the main point emphasized about applying the legal principles of collective bargaining?

<p>It is crucial to have a clear understanding of these principles and be able to apply them to real-world situations.</p> Signup and view all the answers

Study Notes

PEMA5122 - Collective Labour Law

  • Learning Unit 7, covering Collective Labour Law
  • Read page 26 of the module (MO)
  • Theme 1: Freedom of Association
  • Chapters 11, 12, and 13 in the module (PM)

LO1: Historical Background of the Right to Freedom of Association and Trade Unionism in South Africa

  • Colonisation led to the enslavement of people, denying them freedom of contract and the right to trade unions.
  • The concept of unionism was later introduced in the 1990s, but initially excluded black workers.
  • Racial requirements to join unions were in place during this time.
  • Current Labour Relations Act (LRA) is considered progressive in Africa.
  • Aligned with international standards on workplace rights and strikes.
  • Includes Constitutional rights for unions and added organizational rights in workplaces and strikes.
  • More details on the historical exclusion of black workers are found on pages 184-185 of the module.

LO2: Right to Freedom of Association: Protection under the Constitution & Labour Relations Act

  • Freedom of association is protected by the Constitution, LRA, and ILO Conventions (refer to page 185 for details).
  • Section 18 of the Constitution guarantees freedom of association.
  • Section 23 of the LRA protects employee/employer freedom of association. (refer to sections 4 and 5 of LRA).
  • Workers have the right to form/join trade unions and participate in union activities and strikes.
  • Employers have the right to join/form organizations and participate in employer organization activities.
  • Unions and employer organizations have the right to manage themselves and join federations.
  • Parties are involved in collective bargaining following the stipulations of the relevant legislation.
  • LRA sections 4 & 5 detail the employee's right to join a trade union.
  • Union members (and job seekers) have the right to lawful activities.
  • Employers cannot discriminate or prevent freedom of association for employees.
  • Parties can't require one another to not exercise freedom of association.
  • Trade unions have powers of determining their own constitutions and rules, holding elections, joining federations and joining with international organisations.
  • Dismissal for exercising this right is unfair according to the LRA.
  • These rights are linked to lawful activities, ensuring their protection and fairness.

LO3: Employees with Limited Freedom of Association

  • Members of the South African National Defence Force (SANDF) and South African Safety Services (SSA) have limited freedom of association (no strikes, compulsory arbitration).
  • The Defence Act prevents union membership for SANDF members. (SANDF case – unconstitutional to exclude this right)
  • Senior management has limited freedom of association – potential conflict of interest between manager role and union membership.
  • See cases, like IMATU, where managers may join unions but must act in good faith or risk disciplinary action, page 188 in the module.

LO7: Defining "Trade Union"

  • A trade union is an association of employees who come together to regulate employer-employee (organizational) relations.
  • Only employees can join a union, excluding job seekers and ex-employees.

LO7: Defining "Workplace Forum"

  • A workplace forum can be established in workplaces employing more than 100 employees.
  • The forum's duties include promoting employee interests, improving workplace efficiency, consulting with employers regarding matters in section 84 and participating in joint decision-making concerning matters in section 86.

LO4: Collective Bargaining

  • Collective bargaining is where trade unions and employers (or employer organizations) negotiate issues affecting employment terms, such as wages, and conditions.
  • Success leads to a collective agreement. Failure can result in a lockout or strike by workers, as mentioned in charts on page 192.

LO5: Duty to Engage in Collective Bargaining

  • Collective bargaining is a constitutional right but cannot be forced on either party.
  • Bargaining is a voluntary process.
  • For disputes about refusal to bargain, refer to the CCMA for an advisory award. The process is followed, then striking actions can be initiated if no solution is found.
  • Examples of negotiation processes are on page 193 of the module.

LO6: Centralized and Decentralized Collective Bargaining

  • Centralized bargaining occurs at the sector level, ensuring similar conditions for all employees within a specific sector or industry.
  • Decentralized bargaining happens at the level of individual workplaces/enterprise.

LO8: Union Representation and Organisational Rights

  • Registered trade unions require organizational rights to effectively serve their purpose within a workplace.
  • Flow chart for further information is available on page 204 in the module

LO9: Organisational Rights for Trade Unions

  • Trade unions can obtain rights like workplace access (sec 12), membership fee deduction (stop order sec 13), electing shop stewards, leave for office bearers (sec 15), disclosure of information (sec 16).
  • Information on acquisition processes and the steps for acquiring various rights through the CCMA is on page 207, outlining the process.
  • There's a breakdown to acquiring rights as described by processes mentioned on page 209 (7 steps), with processes for majority and minority union actions, as detailed in the 208 graph.
  • Disputes regarding organizational rights (excluding those under Sec 21) are resolved with the CCMA.
  • Procedures, including con-arb (combined conciliation and arbitration).
  • Disputes to be resolved to acquire relevant workplace rights as stated according to Sec 21 processes within the CCMA.

LO11: Bargaining Councils (BCs)

  • A BC consists of one or more registered trade unions and one or more registered employers' organizations for a specific area or sector. This is required to regulate matters of mutual interest amongst all parties/members within a specific region.

LO12: Purpose and Functions of Bargaining Councils

  • BC purpose is to deal with matters of mutual interest amongst members, like;
  • Enforcing and concluding collective agreements
  • Resolving labor disputes
  • Establishing training, education, and employee benefit schemes.
  • Providing assistance through proposals to NEDLAC, addressing issues not related to strikes, and providing support to informal and home-based workers.

LO13: Differentiating Collective Bargaining Structures

  • Bargaining councils, statutory councils and workplace forums are used as a way to represent collective bargaining structures
  • Statutory councils are different than Bargaining councils; they are established in specific terms stated in Part E of Chapter III in the LRA.
  • These are established by either a trade union, or an employer's organisation, in places where there is currently no bargaining council in place in order to provide similar functions to that of a bargaining council. (Sec 43). This would involve resolving labor disputes providing training/education schemes and establishing or administering employee benefits.

LO14: Collective Agreements (Sec 213 of the LRA)

  • "Collective agreement" defined in terms of the LRA, as a written contract regarding employment terms and conditions negotiated (and written).
  • A collective agreement involves one or more registered trade unions, and either: one or more employers; or one or more registered employer's organizations or; a combination of employers and registered employer's organizations.
  • Collective agreements modify/alter employment contracts between employers and employees, and are legally binding in terms and conditions of employment.
  • All those who are involved (including those within the particular trade unions, as well as employers of the specific sector) are bound to follow the collective agreement.

LO16: Dispute Resolution Procedure for Collective Agreements

  • Disputes about collective agreements are resolved through arbitration using conciliation and arbitration procedures (con-arb).
  • If the con-arb process fails, the dispute is referred to the CCMA.
  • Ensure understanding of information discussed, and the ability to apply same to relevant situations or facts. This is key to being able to apply the knowledge.

Agency Shop Agreements vs Closed Shop Agreements

  • Agency shop agreements require eligible employees to pay union membership fees, irrespective of their union membership.
  • Closed shop agreements make union membership compulsory for all employees.
  • Details on the implications, processes, and exceptions are on page 191 of the module.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

PEMA5122 Collective Labour Law PDF

Description

This quiz covers Unit 7 of PEMA5122, focusing on the theme of Freedom of Association in Collective Labour Law. It delves into the historical background of trade unionism in South Africa, addressing issues of racial exclusion and the evolution of workplace rights under the Labour Relations Act. Engage with key chapters and concepts to enhance your understanding of these important legal frameworks.

More Like This

Use Quizgecko on...
Browser
Open
Browser
Browser