MRL3702 LABOUR LAW, UNIVERSITY OF SOUTH
AFRICA (UNISA), STUDY UNIT 8 – FREEDOM OF
ASSOCIATION, TRADE UNIONS’ RIGHTS AND
EMPLOYERS’ RIGHTS (CHAPTER 10) LECTURE
SUMMARY
FREEDOM OF ASSOCIATION - correct answer -People have the right to associate with
others in order to defend and protect their common interest.
IN THE WORKPLACE, FREEDOM OF ASSOCIATION ENTAILS THE RIGHT OF
WORKERS TO: - correct answer -1. form and join trade unions of their choice
2. to participate in these unions' lawful activities
3. to organise and bargain collectively with the employer, and
4. to strike.
PROTECTION I.T.O. ILO CONVENTIONS - correct answer -1. Conventions 87 and 98
in 1996
2. Convention 87 guarantees to all employers and workers, including supervisors, the
right to freely establish and join organisations of their own choice, subject only to the
rules of the organisation.
3. Convention 98 deals with the right to organise and bargain collectively. - This
protects workers against acts of discrimination and victimistion by their employers on
account of their trade union membership or activities.
, PROTECTION I.T.O. THE LABOUR RELATIONS ACT - correct answer -Cornerstone
of SA labour law and enacted to, amongst other things:
1. give effect to the rights entrenched in section 23 of the Constitution
2. give effect to the obligations incurred by SA as a consequence of its membership of
the ILO
3. promote social justice, labour peace and workplace democracy and
4. promote orderly collective bargaining.
SPECIFIC PROTECTION OF THE RIGHT TO FREEDOM OF ASSOCIATION - correct
answer -LRA protects freedom of association for employees, employers, trade unions
and employers' organisations, by determining the following
1. EVERY EMPLOYEE has the right to form and join a union - trade union membership
is only subject to the constitution of the UNION.
2. EVERY UNION MEMBER has the right to participate in the lawful activities of a
union and stand for election, and if eligible to be appointed as a union representative or
officer.
3.AN EMPLOYER may not discriminate against an employee for exercising the right to
freedom of association.
4. NO-ONE may give or promise an advantage to an employee or a work-seeker in
exchange for that person not exercising her / his right to freedom of association.
5. EVERY TRADE UNION has the right to:
1. determine its constitution and rules
AFRICA (UNISA), STUDY UNIT 8 – FREEDOM OF
ASSOCIATION, TRADE UNIONS’ RIGHTS AND
EMPLOYERS’ RIGHTS (CHAPTER 10) LECTURE
SUMMARY
FREEDOM OF ASSOCIATION - correct answer -People have the right to associate with
others in order to defend and protect their common interest.
IN THE WORKPLACE, FREEDOM OF ASSOCIATION ENTAILS THE RIGHT OF
WORKERS TO: - correct answer -1. form and join trade unions of their choice
2. to participate in these unions' lawful activities
3. to organise and bargain collectively with the employer, and
4. to strike.
PROTECTION I.T.O. ILO CONVENTIONS - correct answer -1. Conventions 87 and 98
in 1996
2. Convention 87 guarantees to all employers and workers, including supervisors, the
right to freely establish and join organisations of their own choice, subject only to the
rules of the organisation.
3. Convention 98 deals with the right to organise and bargain collectively. - This
protects workers against acts of discrimination and victimistion by their employers on
account of their trade union membership or activities.
, PROTECTION I.T.O. THE LABOUR RELATIONS ACT - correct answer -Cornerstone
of SA labour law and enacted to, amongst other things:
1. give effect to the rights entrenched in section 23 of the Constitution
2. give effect to the obligations incurred by SA as a consequence of its membership of
the ILO
3. promote social justice, labour peace and workplace democracy and
4. promote orderly collective bargaining.
SPECIFIC PROTECTION OF THE RIGHT TO FREEDOM OF ASSOCIATION - correct
answer -LRA protects freedom of association for employees, employers, trade unions
and employers' organisations, by determining the following
1. EVERY EMPLOYEE has the right to form and join a union - trade union membership
is only subject to the constitution of the UNION.
2. EVERY UNION MEMBER has the right to participate in the lawful activities of a
union and stand for election, and if eligible to be appointed as a union representative or
officer.
3.AN EMPLOYER may not discriminate against an employee for exercising the right to
freedom of association.
4. NO-ONE may give or promise an advantage to an employee or a work-seeker in
exchange for that person not exercising her / his right to freedom of association.
5. EVERY TRADE UNION has the right to:
1. determine its constitution and rules
