Labour Relations Act, 1995 (Act No. 66 of 1995)SchedulesSchedule 7 : Transitional ArrangementsPart C : Provisions concerning existing Trade Unions, Employers" Organisations, Industrial Councils and Conciliation Boards5. Existing registered trade unions and employers" organisations |
| (1) | A trade union or employers" organisation registered or deemed to be registered in terms of the labour relations laws immediately before the commencement of this Act, will be deemed to be a registered trade union or registered employers" organisation under this Act and continues to be a body corporate. |
| (2) | As soon as practicable after the commencement of this Act, the registrar must enter— |
| (a) | the name of the trade union in the register of trade unions; |
| (b) | the name of the employers" organisation in the register of employers" organisations. |
| (3) | A trade union or employers" organisation whose name has been entered in the appropriate register must be issued with a new certificate of registration. |
| (4) | If any provision of the constitution of the trade union or employers" organisation does not comply with the requirements of section 95, the registrar may direct that trade union or employers" organisation, in writing, to rectify its constitution and submit it to the registrar within a period specified in the direction, which period may not be shorter than three months. |
| (5) | If a trade union or employers "organisation fails to comply with a direction issued to it in terms of sub-item (4), the registrar must notify the trade union or employers" organisation that cancellation of its registration is being considered because of the failure, and give the trade union or employers" organisation an opportunity to show cause why its registration should not be cancelled within 30 days of the notice. |
| (6) | If, when the 30-day period expires, the relevant trade union or employers" organisation has not shown cause why its registration should not be cancelled, the registrar must cancel the registration of that trade union or employers" organisation by removing its name from the appropriate register or take other lesser steps that are appropriate and not inconsistent with this Act. |
| (7) | The registrar must notify the relevant trade union or employers" organisation whether the registration of the trade union or employers" organisation has been cancelled. |
| (8) | Cancellation in terms of sub-item (6) takes effect— |
| (a) | if the trade union or the employers" organisation has failed, within the time contemplated in section 111(3), to appeal to the Labour Court against the cancellation, when that period expires; or |
| (b) | if the trade union or the employers" organisation has lodged an appeal, when the decision of the registrar has been confirmed by the Labour Court. |