Section 5 of The Labour Relations Act 2007: Protection of employees
(1) No person shall discriminate against an employee or any person seeking employment for exercising any right conferred in this Act.
(2) Without limiting the general protection conferred by sub-section (1), no person shall do, or threaten to do any of the following -
(a) require an employee or a person seeking employment not to be or become a member of a trade union or to give up membership of a trade union;
(b) prevent an employee or person seeking employment from exercising any right conferred by this Act or from participating in any proceedings specified in this Act;
(c) dismiss or in any other way prejudice an employee or a person seeking employment―
(i) because of past, present or anticipated trade union membership;
(ii) for participating in the formation or the lawful activities of a trade union;
(iii) for exercising any right conferred by this Act or participating in any proceedings specified in this Act; or
(iv) for failing or refusing to do something that an employee may not lawfully permit or require an employee to do.
(3) No person shall give an advantage, or promise to give an advantage, to an employee or person seeking employment in exchange for the person not exercising any right conferred by this Act or not participating in any proceedings in terms of this Act:
Provided that nothing in this section shall prevent the parties to a dispute from concluding an agreement to settle that dispute.
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- Section 6 - Employer's right to freedom of association
(1) Every employer has the right to―
(a) participate in forming an employers’ organisation or a federation of employers organisation; and
(b) subject to its constitution, join an employers...
- Section 7 - Protection of employers' rights
(1) No person shall discriminate against an employer for exercising any right conferred by this Act.
(2) Without limiting the general protection conferred by sub-section (1), no person shall do, or...
- Section 8 - Rights of trade unions, employers' organisation and federations
Every trade union, employers’ organisation or federation has the right to―
(a) subject to the provisions of this Act-
(i) determine its own constitution and rules; and hold elections to elect its...
- Section 9 - Provision may not be varied by agreement
A provision in any contract of employment or collective agreement, whether concluded before or after the commencement of this Act, that contradicts or limits any provision of this section is invalid,...
- Section 10 - Disputes under Part
If there is a dispute about the interpretation or application of any provision of this Part, any party to the dispute may refer the dispute in writing―
(a) to the Minister to appoint a conciliator as...
- Section 11 - Burden of proof
In any proceedings under this Act―
(a) a party that alleges that a right or protection conferred by this part has been infringed shall prove the facts of the conduct; and
(b) the party who is...
- Section 12 - Establishment of a trade union or employers' organisation
(1) No person shall recruit members for the purpose of establishing a trade union or employers' organisation unless that person has obtained a certificate
from the Registrar issued under this...
- Section 13 - Application to register a trade union or employers' organisation
A trade union or employers’ organisation shall apply to the Registrar for registration within six months of receiving a certificate issued under section 12.
- Section 14 - Requirements for registering a trade union
(1) A trade union may apply for registration if―
(a) the trade union has applied for registration in accordance with this Act;
(b) the trade union has adopted a constitution that complies with the...
- Section 15 - Requirements for registering employers' organisation
(1) An employers' organisation may apply for registration if ―
(a) the employers' organisation has applied for registration in accordance with the requirements of this Act;
(b) the employers'...
- Section 16 - Requirements for registering federation of trade unions
The requirements for registration as federation of trade unions are―
(a) the federation has applied for registration in accordance with this Act;
(b) the federation has adopted a constitution that...
- Section 17 - Requirements for registering a federation of employers
The requirements for registration of a federation of employers are―
(a) the federation has applied for registration in accordance with this Act;
(b) the federation has adopted a constitution that...
- Section 18 - Application for registration
(1) An application to register a trade union, employers' organisation or federation shall be made to the Registrar in Form A set out in the Second Schedule,
accompanied by―
(a) the prescribed...
- Section 19 - Registration of trade unions, employers' organisation or federation
(1) If the Registrar is satisfied, after consulting the Board, that a trade union, employers' organisation or federation that has applied for registration meets the requirements of the Act, the...
- Section 20 - Refusal to register a trade union, employers' organisation, or federation
If the Registrar is not satisfied that a trade union, employers organisation or federation meets the requirements for registration and refuses the application for registration, the Registrar shall...
- Section 21 - Effect of registration
A trade union, employers' organisation or federation shall be registered as a body corporate―
(a) with perpetual succession and a common seal;
(b) with the capacity in its own name to-
(i) sue and...
- Section 22 - Objects in restraint of trade not unlawful
A registered trade union, employers' organisation or federation is not an association in restraint of trade and its objects may not, by reason only that they are in restraint of trade―
(a) be deemed...
- Section 23 - Consequences of failure to register
(1) No person shall perform any act in furtherance of a trade union or employers' organisation unless that trade union or employers organisation―
(a)is registered under this Act; or
(b) an...
- Section 24 - Registered office
(1) Every trade union, employers’ organisation or federation shall―
(a) have a physical office and postal address to which all communication and notices may be addressed; and
(b) give notice of its...
- Section 25 - Registration of branches
(1) A trade union, employers’ organisation or federation shall apply to the Registrar to register its branches in Form F set out in the Second Schedule.
(2) An application to register a branch...
- Section 26 - Amalgamation of trade unions, employers’ organisations or federations
(1)A registered trade union, employers’ organisation or federation may amalgamate with one or more registered trade unions or employers’ organisations,
as the case may be.
(2) An amalgamation of...
- Section 27 - Change of name or constitution of trade union employers, organisation or federation
(1) A trade union, employers’ organisation or federation may resolve to―
(a) change or replace its constitution; or
(b) change its name.
(2) A registered trade union, employer’s organisation or...
- Section 28 - Cancellation or suspension of registration
(1) The Registrar shall cancel or suspend the registration of a trade union, employers’ organisation or federation if―
(a) the trade union, employers organisation or federation is dissolved; or
(b)...
- Section 29 - Notice of dissolution
(1) When a trade union, employers’ organisation or federation is dissolved, the trade union, employers’ organisation or federation shall give notice of the dissolution in Form O set out in the Second...
- Section 30 - Appeals against decision of Registrar
Any person aggrieved by a decision of the Registrar made under this Act may appeal to the Industrial Court against that decision within thirty days of the decision.
- Section 31 - Officials
(1) The officials of a trade union or employers’ organisation shall be persons who are, or have been, engaged or employed in the sector for which the trade union or employers’ organisation is...
- Section 32 - Membership of minors
An employee who has not attained the age of eighteen years but appears to be above the apparent age of sixteen years may be a member of―
(a) a trade union and, unless the constitution provides...
- Section 33 - Voting members of trade union
No person shall be a voting member of –
(a) a trade union unless that person is employed in the sector for which the trade union is registered;
(b) an employers’ organisation unless that person has...
- Section 34 - Election of officials
(1) The election of officials of a trade union, employers’ organisation or federation shall be conducted in accordance with their registered constitutions.
(2) The constitution of a trade union,...
- Section 35 - Notification of officials
(1) A trade union, employers’ organisation or federation shall exhibit prominently―
(a) in its registered office, a notice giving the names of all officials and their titles;
(b) in every branch...
- Section 36 - Trustees
(1) The constitution of a trade union, employer’s organisation and federation shall provide―
(a) for the appointment or election of at least three trustees; and
(b) for the filling of any vacancy in...
- Section 37 - Property to be vested in trustees
1) All property, whether movable or immovable, of a registered trade union, employers’ organisation or federation shall vest in its trustees for the use and benefit of the trade union, employer’s...
- Section 38 - Devolution of property
Upon any change in the office of any trustee, the property of a registered trade union, employers’ organisation or federation shall vest in the trustees for the
time being of the union for the same...
- Section 39 - Application of funds
Subject to its rules and the provisions of this Act, the funds of a trade union, employers’ organisation or federation may be used only for the following purposes -
(a) the payment of salaries,...
- Section 40 - Prohibition of payment of fines or penalties
The funds of a trade union, employers’ organisation or federation shall not be used, either directly or indirectly, to pay the whole or part of a fine or penalty
imposed upon a person by sentence or...
- Section 41 - Injunction to restrain misuse of funds
(1) The Industrial Court may grant an injunction restraining unauthorized or unlawful expenditure of the funds of a trade union, employer’s organisation or federation on application by the Registrar,...
- Section 42 - Treasurer to render accounts
(1) In this section, “official” means the treasurer of a trade union, employers’ organisation or federation and every other official responsible for the accounts of a trade union, employers’...
- Section 43 - Annual returns
(1) The authorised representative of a registered trade union, employers’ organisation, or federation shall furnish annually by a prescribed date to the Registrar a general statement of all receipts...
- Section 44 - Inspection of accounts and records
The accounts of a trade union, employers’ organisation or federation and a list of its members shall be open to inspection by –
(a) an official or member of a trade union, employer’s organisation or...
- Section 45 - Obstructing inspection by Registrar
A person who obstructs or impedes the Registrar, or any person authorized by the Registrar, from inspecting the accounts of a trade union, employers’
organisation or federation or the list of its...
- Section 46 - Power to require detailed accounts
(1) The Registrar may, at any time, call upon the treasurer, the executive or management board by whatever name called, or any other official of a trade
union or employers’ organisation to render...
- Section 47 - Misuse of money or property of a trade union
(1) The Industrial Court may –
(a) order any person who has in his possession or control any property of a trade union, employers’ organisation or federation in violation of its rules or who has...
- Section 48 - Deduction of trade union dues
(1) In this Part, “trade union dues” means a regular subscription required to be paid to a trade union by a member of the trade union as a condition of membership.
(2) A trade union may, in the...
- Section 49 - Deduction of agency fees from unionisable employees covered by collective agreements
(1) A trade union that has concluded a collective agreement registered by the Industrial Court with an employer, group of employers or an employers’
organisation, setting terms and conditions of...
- Section 50 - General provisions applicable to deductions
(1) Any amount deducted in accordance with the provisions of this Part shall be paid into the designated trade union, or employers’ organisation account within ten days of the deduction being...
- Section 51 - Collection of levies other than trade union dues
The Minister may make regulations providing for the collection from employees and the payment to trade unions and trade union federations by employers of sums in respect of levies, subscriptions or...
- Section 52 - Direct payment of trade union dues
Nothing in this Part prevents a member of a trade union from paying any dues, levies, subscriptions or other payments authorised by the constitution of the trade union directly to the trade union
- Section 53 - Payments by members to employers’ organisations
An employers’ organisation may provide in its constitution for its members to –
(a) pay subscriptions or levies as a condition of their membership of the employers’ organisation; and
(b) to charge...
- Section 54 - Recognition of trade union by employer
(1) An employer, including an employer in the public sector, shall recognise a trade union for purposes of collective bargaining if that trade union represents the simple majority of unionisable...
- Section 55 - Election of trade union representatives
(1) Without limiting the matters that may be dealt with in a recognition agreement, a recognition agreement shall provide for trade union members in a workplace to elect from among themselves trade...