Everyone has the right to fair labour practices.
This right serves as the basis for fair labour practices in our country. This right is an essential tool in ensuring greater balance between employers and the employed, the powerful and the powerless. These fair labour practices include the right to collective bargaining, and the right to join a trade union and to strike, as well as the rights of the employer.
In South Africa, some trade unions include Solidarity, the Congress of South African Trade Unions (COSATU), and the Federation of Unions in South Africa (FUSA)
Every worker has the right
- to form and join a trade union;
- to participate in the activities and programmes of a trade union; and
- to strike.
Every employer has the right
- to form and join an employers' organisation; and
- to participate in the activities and programmes of an employers' organisation.
Every trade union and every employers' organisation has the right
- to determine its own administration, programmes and activities;
- to organise; and
- to form and join a federation.
Every trade union, employers' organisation and employer has the right to engage in collective bargaining. National legislation may be enacted to regulate collective bargaining. To the extent that the legislation may limit a right in this Chapter, the limitation must comply with section 36(1).
National legislation may recognise union security arrangements contained in collective agreements. To the extent that the legislation may limit a right in this Chapter, the limitation must comply with section 36(1).
