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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

The Purpose of this Document

7. Formation of a trade union

 

The process followed to form a trade union can give important indications as to whether an organisation is a genuine trade union.

Key aspects of the process that should be examined include—]

 

• the number of founding members who attended the inaugural meeting(s) to establish the trade union and who completed signed registers indicating their names and place of work;

 

• the means by which the constitution of the trade union was drafted and adopted;

 

• the election of an executive committee or council of members and the election of office -bearers.

 

The crucial issue that must be addressed is whether the formation of a trade union involved employees associating with one another to establish an organisation to regulate relations with their employer(s).