Purpose
Employer’s organisations are necessary for effective collective
bargaining - an important way of regulating industrial relations and of
determining employee’s wages and benefits.
Registration
Employer’s organisations do not have to register with the Department of
Labour, but they are advised to do so.
If employer’s organisations wish to be registered, their constitutions
have to meet certain requirements, such as:
-
there must be provision in the constitution for a ballot of members
before a strike or lockout is called; and
-
there must not be any provision in the constitution that
discriminates on the grounds of race or sex.
The registrar of labour relations has the power not to register (or to
withdraw the registration of) an employer’s organisation if the
registrar is satisfied that the applicant it is not a genuine
employer’s organisation.
Employer’s Rights
All employers have a right to -
-
form an employer’s organisation;
-
join an employer’s organisation;
-
take part in lawful employer’s organisation activities; and
-
be protected from anyone who discriminates against them because of
their membership or activities.
Based on Legislation in Section 6, Section 7, of the Labour
Relations Act
Organisation’s Rights
All employer’s organisations have a right to :
-
perform lawful activities;
-
form or affiliate with national and/or international trade union or
employers federations; and
-
fund or be funded by such international federations.
Based on Legislation in Section 8, of the Labour Relations
Act
Disputes
Any party may refer, in writing, any disputes about the rights of
employers or employer’s organisations to :
-
a bargaining or statutory council;
-
the Commission for Conciliation, Mediation and Arbitration (CCMA);
or
-
the Labour Court.
Based on Legislation in Section 8, of the Labour Relations
Act |
