Labour Relations Act, 1995 (Act No. 66 of 1995)GuidelinesGuidelines issued in terms of Section 95(8) of the Labour Relations ActThe Purpose of this Document13,14 and 15. Activities of the trade union |
| 13. | A trade union may seek to regulate relations between its members and their employers and employers' organisations by |
| (a) | seeking and/or obtaining organisational rights in terms of chapter 3 of the LRA; |
| (b) | seeking and /or obtaining recognition from employers as the collective bargaining representative of its members; |
| (c) | submitting and negotiating in respect of demands on behalf of their members for approved wages and working conditions. |
| 14. | Failure to engage in these activities does not in itself indicate that a trade union is not a genuine trade union. There may be reasons why a trade union had not succeeded in gaining organisational rights or obtaining recognition. These may include difficulties in recruiting members and hostility from employers. However, the failure to seek to obtain organisational rights or recognition is a strong indication that the trade union is not a genuine trade union as these rights provide the basic platform for representing members' interests. |
| 15. | It is a legitimate function of a trade union to seek to resolve grievances on behalf of its members, including those who have been dismissed, and it can be expected that all genuine trade unions would undertake activities in this regard. However, the fact that a trade union's activities solely, or to a large extent, consist of referring disputes and cases on behalf of its members to the CCMA, the Labour Court or other courts, is an indication that a trade union is not a genuine trade union. |