A union will successfully obtain recognition in the workplace if it can prove to the employer or the CCMA that it is sufficiently represented among the workers. The question is what is sufficient representation. The importance of a collective agreement is that it is legally binding on both parties. Article 32, paragraph 1, of the Trade Union and Employers` Organizations Act states that “any collective agreement is binding on the parties.” This means that each party (i.e. either the government or the public employees union) could obtain a court order to compel the other party to comply with the agreement. If a party wishes to refuse the agreement, it must be served in writing to any other contracting party regarding the refusal for one month (see paragraph 2 of Section 32). In addition, such a communication of refusal is not notified without the Minister`s written authorization within the first six months of the agreement coming into force (see section 32, paragraph 2). “92. Collective agreements deal with procedural and substantive issues that are of common interest to management and workers. Under the Labour Relations Act 2000, there are two types of employment contracts: individual employment contracts and collective agreements. A useful explanation of the nature and extent of these collective agreements is contained in the National Code of Employment Relations: the purpose of a recognition agreement is to allow the employer to strictly control the activities of the union and business leaders.

Without such an agreement, the stewards of the shop can go wild. That is, they can get into trouble and waste valuable production time dealing with union issues instead of earning the money they are paid. “Ideally, union recognition should be a voluntary process. Management has the right to know the number of employees who are members of the union, who seek recognition, but not their identity… Union. Section 2, paragraph 1 of the Commercial Disputes Act [Chapter 47:01] defines a collective agreement as “a written agreement on the employment regime between one or more registered unions or branches or, in the absence of such an organization, representatives of the workers properly elected and empowered by them and one or more registered employers or employers`.” 94. Collective agreements can be a single document covering both procedural and substantive issues, or separate documents where agreements are concluded in negotiations. 93. Where an employer (or employer) enters into a collective agreement with a workers` union or organization, that agreement should be written and there should be provisions for future changes, interpretations and dismissals by either party under certain conditions. It is therefore essential that employers be able to assess in advance whether the union concerned is sufficiently representative or not. Indeed, if the answer is “yes,” there is no point in refusing recognition. In the private sector, recognition of a union generally leads to a collective agreement signed by both the employer and the profession through the recognition of trade unions, says the National Code of Employment Relations: Introduction There is a fundamental difference between consultation and bargaining, as explained by the Labour Court in the case of Mbayi/Wade Adams (Botswana) (Botswana) Pty Ltd.

Posted Sunday, December 6th, 2020 at 7:48 pm
Filed Under Category: Uncategorized
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