LLW2602 - COLLECTIVE LABOUR LAW QUESTION AND ANSWER BY A+ SOLUTIONS

LLW2602 - COLLECTIVE LABOUR LAW QUESTION AND ANSWER BY A+
SOLUTIONS
FREEDOM OF ASSOCIATION - Correct Answer Entails the right of workers to form and join
trade unions of their choice and to participate in its lawful activities. Employers can also form
and join employers' organisations.


FREEDOM OF ASSOCIATION (1) - Correct Answer one of the basic principles of labour law
and this is reflected in several International Labour Organisation (ILO) Conventions (Convention
87 of 1948 and Convention 98 of 1949), the LRA and the Constitution. The right to freedom of
association is clearly protected in terms of sections 18 and 23 of the Constitution.


FIVE ORGANISATIONAL RIGHTS - Correct Answer What level of representation is needed
to obtain these rights How the level of representation should be determined The processes
available for obtaining these rights, and The rights of minority trade unions with regard to
organisational rights


TRADE UNIONS - Correct Answer South Africa, trade unions were first given statutory
recognition by the Industrial Conciliation Act 11 of 1924. Later, the Industrial Conciliation Act
28 of 1956 was passed, which dealt extensively with freedom of association and trade union
rights.


TRADE UNION SECURITY ARRANGEMENTS - Correct Answer The Constitution and the
LRA provide for the limitation of the right to freedom of association by amongst others allowing
trade union security arrangements in the form of closed shop and agency shop agreements
(section 23(6) of the Constitution and sections 25 and 26 of the LRA). It must be noted that this
limitation infringe on the right to freedom of association, however the limitation is justified in
terms of section 36 of the Constitution


AGENCY SHOP AGREEMENTS - Correct Answer Requires the employer to deduct an agreed
agency fee from the wages of employees who are identified in the agreement and who are not
members of the trade union which is party to the agreement, while the closed shop agreement
requires all employees covered by the agreement to be members of the trade union that is party
to the agreement.


THE PURPOSE OF ORGANISATIONAL RIGHTS - Correct Answer To enable trade unions to
be more effective in their collective bargaining function. Organisational rights are only granted

, to registered trade unions that have a certain level of representation in the workplace. The
following table shows the five organisational rights and the level of representation that a union
must have, in terms of the LRA, in order to acquire them.


ORGANISATIONAL RIGHTS - Correct Answer Minimum level of representation
access to premises of the employer (workplace), majority representation and,
sufficient representation,
deduction of trade union membership fees (subscription fees),
majority representation and sufficient representation, election of trade union representatives
(shop stewards), majority representation Leave (time-off) for trade union activities,
majority representation and, sufficient representation, disclosure of information only Majority
representation.


THE ACQUISITION OF ORGANISATIONAL RIGHTS - Correct Answer - Collective
agreement
- Membership of a bargaining council
- Strike action
- Section 21 procedure


COLLECTIVE AGREEMENT - Correct Answer A registered trade union and an
employer/employers' organisation can conclude a collective agreement that regulates
organisational rights.


MEMBERSHIP OF A BARGAINING COUNCIL - Correct Answer Any registered trade union
that is a party to a bargaining council automatically acquires the right to access the workplace (s
12) and the deduction of trade union subscriptions (s 13) in respect of all workplaces that fall
within the jurisdiction of the bargaining council.


STRIKE ACTION - Correct Answer A minority trade union, may strike in support of a demand
for organisational rights.