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Labour Relations Act, 1995 (Act No. 66 of 1995)

Guidelines

Guidelines issued in terms of Section 95(8) of the Labour Relations Act

Employers' Organisations

26 and 27. Formation of an employers' organisation

 

26. The process followed to form an employers' organisation can give important indications as to whether the employers who are members of the organisation have associated together. The key aspect of the process that should be examined include—
the number and /or size of the founding members who attended the inaugural meeting to establish the employers' organisation;
the means by which the constitution of the employers' organisation was drafted and adopted;
the election of executive committee or council members and the election of office -bearers.

 

27. The crucial issue that must be addressed is whether the formation involved employers associating with one another to establish an employers' organisation.