A trade union’s right to strike to acquire organisational rights
- Authors: Bebula, Vitamin Luxolo
- Date: 2020
- Subjects: Labor unions -- Law and legislation -- South Africa , Industrial relations -- South Africa South Africa -- Labour Relations Act -- 1995
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/48949 , vital:41565
- Description: Chapter II of the Labour Relations Act (LRA) entrenches the right to freedom of association. Section 1(c) of the LRA outlines the purpose of this Act as to provide a collective bargaining framework to determine wages, terms and conditions of employment, and matters of mutual interest by the employees and their unions and employers and employer’s organisation. Under this chapter, section (1)3 of the LRA confers the right to an employee to join a trade union, form or participate in forming a trade union or federation of trade unions. The member of a trade union has a right to participate in the lawful activities of his or her union. Regarding freedom of association, the new government took a commitment to uphold international labour standards and promised to submit to International Labour Organisation (ILO) Conventions on freedom of association and collective bargaining to parliament for ratification. In 1992 some provision of the previous Labour Relations Act was declared by ILO’s FFCC as incompatible with the freedom of association. The convention affords the workers and employers the right to establish and join organisations and federations of their own choice. The ILO also protects the right to collective bargaining. The convention also confers the right to provision of facilities to worker’s representatives for prompt and effective conduction of their activities.
- Full Text:
- Date Issued: 2020
- Authors: Bebula, Vitamin Luxolo
- Date: 2020
- Subjects: Labor unions -- Law and legislation -- South Africa , Industrial relations -- South Africa South Africa -- Labour Relations Act -- 1995
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/48949 , vital:41565
- Description: Chapter II of the Labour Relations Act (LRA) entrenches the right to freedom of association. Section 1(c) of the LRA outlines the purpose of this Act as to provide a collective bargaining framework to determine wages, terms and conditions of employment, and matters of mutual interest by the employees and their unions and employers and employer’s organisation. Under this chapter, section (1)3 of the LRA confers the right to an employee to join a trade union, form or participate in forming a trade union or federation of trade unions. The member of a trade union has a right to participate in the lawful activities of his or her union. Regarding freedom of association, the new government took a commitment to uphold international labour standards and promised to submit to International Labour Organisation (ILO) Conventions on freedom of association and collective bargaining to parliament for ratification. In 1992 some provision of the previous Labour Relations Act was declared by ILO’s FFCC as incompatible with the freedom of association. The convention affords the workers and employers the right to establish and join organisations and federations of their own choice. The ILO also protects the right to collective bargaining. The convention also confers the right to provision of facilities to worker’s representatives for prompt and effective conduction of their activities.
- Full Text:
- Date Issued: 2020
“Workers’ strikes and collective bargaining: a study of the SAMWU municipal worker strike of 2018, Port Elizabeth, South Africa”
- Authors: Gumbo, Eugene
- Date: 2020
- Subjects: South African Municipal Workers Union , Strikes and lockouts -- Municipal government -- South Africa -- Port Elizabeth , Collective bargaining -- Municipal employees -- South Africa -- Port Elizabeth , Philosophy, Marxist , Labor unions -- South Africa , Labor unions -- Law and legislation -- South Africa , Industrial relations -- South Africa -- Port Elizabeth
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10962/146916 , vital:38576
- Description: The focus of this study centered on investigating the perceptions and opinions surrounding the eruption of strike action and its effectiveness during a collective bargaining process. The case study employed was the 2018 municipal strike in Port Elizabeth, organised by the South African Municipal Workers Union (SAMWU). A Marxist theoretical framework was chosen for this study. It argues that strike action is a means through which workers communicate their dissatisfaction or enforce particular demands, with trade unions playing a protagonist’s role. Strike action, generally, is caused by a plethora of reasons ranging from disciplinary issues and conditions and hours of work, to be mention a few. However, the major force behind strike eruption is the wage agenda, as workers are always striving to get better wages while employers, on the other hand, attempt to reduce them so as to increase profits. South Africa has had its fair share of municipal strike action ever since the apartheid period, the early stages of democracy up to the contemporary times of the 21st century with various strategies, successes and losses being experienced. Democracy in South Africa also saw some developments in the labour sphere in relation to statutes surrounding strike action. The LRA and the Constitution of South Africa inform the right to strike and offer guidelines as well as consequences that steer strike action in a direction that does not jeopardize the workers, employers and the general public. The research found that workers do understand what strike action is, its causes and its various implications. Furthermore, it was discovered that this worker tool has been successful in putting pressure on the negotiation process as well as luring employers back to the negotiation table, for example. However, it was also uncovered that there are present, factors that hampered the impact of strike action during the bargaining procedure in focus. These are namely, the political institutionalization of trade unions, ill-equipped union leaders, a reluctance to implement strike agreements by employers, the use of violence by municipal workers during the strike, to mention but a few. Therefore, when looking at the strike in question, the effectiveness of strike action during the collective bargaining process was found to be easily contestable.
- Full Text:
- Date Issued: 2020
- Authors: Gumbo, Eugene
- Date: 2020
- Subjects: South African Municipal Workers Union , Strikes and lockouts -- Municipal government -- South Africa -- Port Elizabeth , Collective bargaining -- Municipal employees -- South Africa -- Port Elizabeth , Philosophy, Marxist , Labor unions -- South Africa , Labor unions -- Law and legislation -- South Africa , Industrial relations -- South Africa -- Port Elizabeth
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10962/146916 , vital:38576
- Description: The focus of this study centered on investigating the perceptions and opinions surrounding the eruption of strike action and its effectiveness during a collective bargaining process. The case study employed was the 2018 municipal strike in Port Elizabeth, organised by the South African Municipal Workers Union (SAMWU). A Marxist theoretical framework was chosen for this study. It argues that strike action is a means through which workers communicate their dissatisfaction or enforce particular demands, with trade unions playing a protagonist’s role. Strike action, generally, is caused by a plethora of reasons ranging from disciplinary issues and conditions and hours of work, to be mention a few. However, the major force behind strike eruption is the wage agenda, as workers are always striving to get better wages while employers, on the other hand, attempt to reduce them so as to increase profits. South Africa has had its fair share of municipal strike action ever since the apartheid period, the early stages of democracy up to the contemporary times of the 21st century with various strategies, successes and losses being experienced. Democracy in South Africa also saw some developments in the labour sphere in relation to statutes surrounding strike action. The LRA and the Constitution of South Africa inform the right to strike and offer guidelines as well as consequences that steer strike action in a direction that does not jeopardize the workers, employers and the general public. The research found that workers do understand what strike action is, its causes and its various implications. Furthermore, it was discovered that this worker tool has been successful in putting pressure on the negotiation process as well as luring employers back to the negotiation table, for example. However, it was also uncovered that there are present, factors that hampered the impact of strike action during the bargaining procedure in focus. These are namely, the political institutionalization of trade unions, ill-equipped union leaders, a reluctance to implement strike agreements by employers, the use of violence by municipal workers during the strike, to mention but a few. Therefore, when looking at the strike in question, the effectiveness of strike action during the collective bargaining process was found to be easily contestable.
- Full Text:
- Date Issued: 2020
The right to organise: critiquing the role of trade unions in shaping work relations in post-apartheid South Africa
- Authors: Nyathi, Mthokozisi
- Date: 2011
- Subjects: Labor unions -- South Africa , Apartheid -- South Africa , Industrial relations -- South Africa , Labor unions -- Law and legislation -- South Africa , Labor -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3690 , http://hdl.handle.net/10962/d1003205 , Labor unions -- South Africa , Apartheid -- South Africa , Industrial relations -- South Africa , Labor unions -- Law and legislation -- South Africa , Labor -- South Africa
- Description: Organised labour continues to play a prominent role in shaping employment relations in South Africa. The individual worker is powerless and in a weaker bargaining position against his employer. The advent of democracy was accompanied by numerous interventions to level the historically uneven bargaining field. The trade union movement has made and consolidated significant gains since the advent of democracy. It however faces a plethora of new challenges, such as the negative forces of globalisation, declining membership (often associated with high levels of unemployment and the changing nature of work from standard to atypical employment), the resurfacing of adversarialism in the bargaining process, and numerous shortcomings inherent in forums established to facilitate corporatism. Business is intensifying its calls for investor-friendly policies, which effectively mean a relaxation of labour policies. The trade union movement faces an enormous task of rebuilding confidence and credibility among its members and at the same time showing some commitment to other social actors, government and business, that it is committed to contribute to economic growth and employment creation. The central focus of this thesis will be to highlight the gains made by the trade union movement, the numerous challenges threatening their existence, and how they have attempted to redefine their role in the face of these challenges. It will attempt to offer advice on how trade unions can continue to play a prominent role in shaping relations of work in South Africa. The study begins with a historical overview of trade unionism in South Africa. It then attempts to establish how trade unions have made use of the institution of collective bargaining, the importance of organisational rights to the trade union movement, the effectiveness of industrial action, and the emerging challenges threatening the vibrancy of trade unions. The overall aim is to assess whether the trade union movement is still a force to be reckoned with and its future role in influencing employment relations in South Africa.
- Full Text:
- Date Issued: 2011
- Authors: Nyathi, Mthokozisi
- Date: 2011
- Subjects: Labor unions -- South Africa , Apartheid -- South Africa , Industrial relations -- South Africa , Labor unions -- Law and legislation -- South Africa , Labor -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3690 , http://hdl.handle.net/10962/d1003205 , Labor unions -- South Africa , Apartheid -- South Africa , Industrial relations -- South Africa , Labor unions -- Law and legislation -- South Africa , Labor -- South Africa
- Description: Organised labour continues to play a prominent role in shaping employment relations in South Africa. The individual worker is powerless and in a weaker bargaining position against his employer. The advent of democracy was accompanied by numerous interventions to level the historically uneven bargaining field. The trade union movement has made and consolidated significant gains since the advent of democracy. It however faces a plethora of new challenges, such as the negative forces of globalisation, declining membership (often associated with high levels of unemployment and the changing nature of work from standard to atypical employment), the resurfacing of adversarialism in the bargaining process, and numerous shortcomings inherent in forums established to facilitate corporatism. Business is intensifying its calls for investor-friendly policies, which effectively mean a relaxation of labour policies. The trade union movement faces an enormous task of rebuilding confidence and credibility among its members and at the same time showing some commitment to other social actors, government and business, that it is committed to contribute to economic growth and employment creation. The central focus of this thesis will be to highlight the gains made by the trade union movement, the numerous challenges threatening their existence, and how they have attempted to redefine their role in the face of these challenges. It will attempt to offer advice on how trade unions can continue to play a prominent role in shaping relations of work in South Africa. The study begins with a historical overview of trade unionism in South Africa. It then attempts to establish how trade unions have made use of the institution of collective bargaining, the importance of organisational rights to the trade union movement, the effectiveness of industrial action, and the emerging challenges threatening the vibrancy of trade unions. The overall aim is to assess whether the trade union movement is still a force to be reckoned with and its future role in influencing employment relations in South Africa.
- Full Text:
- Date Issued: 2011
The development of organisational rights in South Africa
- Authors: Sohena, Siphiwo Clifford
- Date: 2007
- Subjects: Labor unions -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10230 , http://hdl.handle.net/10948/841 , Labor unions -- Law and legislation -- South Africa
- Description: Under the previous Labour Relations Act of 1956, (herein after refered as old LRA) organisational rights in South Africa were conspicuous by their absence. In addition, theright to access was restricted by the Trespass Act No. 6 of 1959, which made it a criminal offence to enter land without thepermission of the owner or lawful occupier, except for a lawful reason. During the 1980’s and the first half of the 1990’s several trade union rights, including the right to engage in collective bargaining were established by the Industrial Court under its unfair labour practice jurisdiction. After 1994, South African courts were bound to uphold the basic rights entrenched in the Constitution, Act No. 108 of 1996, and the new Labour Relations Act, 66 of 1995, (herein after refered as new LRA) was promulgated. A new system of collective bargaining which is voluntary in nature was established in order to level the playing fields between employees and trade unions. The new LRA grants organisational rights to registered trade unions. The aim of this treatise is to consider and evaluate these rights. The main source of organisational rights in international public law is to be found in the International Labour Organisation’s Convention on Freedom of Association. Decisions of the International Labour Organisation’s bodies of supervision and interpretation have upheld the protection of various organisational rights, such as trade union access to the employer’s premises,representation of employees by the officials of their trade union, and the right of union officials to collect union dues. These rights have now been incorporated into our labour law system. In this treatise, the pre-1994 situation and the scenario after the 1994 democratic elections is analysed. The contents of these rights are considered as well as enforcement there-of.
- Full Text:
- Date Issued: 2007
- Authors: Sohena, Siphiwo Clifford
- Date: 2007
- Subjects: Labor unions -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10230 , http://hdl.handle.net/10948/841 , Labor unions -- Law and legislation -- South Africa
- Description: Under the previous Labour Relations Act of 1956, (herein after refered as old LRA) organisational rights in South Africa were conspicuous by their absence. In addition, theright to access was restricted by the Trespass Act No. 6 of 1959, which made it a criminal offence to enter land without thepermission of the owner or lawful occupier, except for a lawful reason. During the 1980’s and the first half of the 1990’s several trade union rights, including the right to engage in collective bargaining were established by the Industrial Court under its unfair labour practice jurisdiction. After 1994, South African courts were bound to uphold the basic rights entrenched in the Constitution, Act No. 108 of 1996, and the new Labour Relations Act, 66 of 1995, (herein after refered as new LRA) was promulgated. A new system of collective bargaining which is voluntary in nature was established in order to level the playing fields between employees and trade unions. The new LRA grants organisational rights to registered trade unions. The aim of this treatise is to consider and evaluate these rights. The main source of organisational rights in international public law is to be found in the International Labour Organisation’s Convention on Freedom of Association. Decisions of the International Labour Organisation’s bodies of supervision and interpretation have upheld the protection of various organisational rights, such as trade union access to the employer’s premises,representation of employees by the officials of their trade union, and the right of union officials to collect union dues. These rights have now been incorporated into our labour law system. In this treatise, the pre-1994 situation and the scenario after the 1994 democratic elections is analysed. The contents of these rights are considered as well as enforcement there-of.
- Full Text:
- Date Issued: 2007
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