Labour Relations Act, 1995 (Act No. 66 of 1995)Guidelines issued in terms of Section 95(8) of the Labour Relations ActThe Purpose of this Document16. Independence from employers |
A trade union may only be registered and continue to operate as a registered trade union if it is independent. In terms of section 95(2), a trade union is not independent if it is under the direct or indirect control of any employer or employers' organisation and is not free of interference or influence of any kind from any employer or employers' organisation. Factors that would indicate that a trade union is not independent are—
| (a) | That any of the officials or office -bearers of a trade union are also officials or office-bearers of an employers' organisation; |
| (b) | That the trade union operates from the same premises or shares facilities with an employers' organisation; |
| (c) | an employer assisted with the formation of the trade union or that the trade union operates as a "sweetheart" union (i.e. a trade union that exists to further the interests of the employer or to undermine independent trade unions). |