MRL3702 STUDY UNIT 8 FREEDOM OF ASSOCIATION, TRADE UNIONS' RIGHTS AND EMPLOYERS' RIGHTS with detailed answers to questions and graded A+

FREEDOM OF ASSOCIATION - ANSPeople 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: - ANS1. 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 - ANS1. 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 - ANSCornerstone 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 - ANSLRA 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 2. hold elections for office-bearers 3. plan and organise its administration and lawful activities 4. join federations and 5. affiliate with and participate in the affairs of international organisations