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

Chapter VI : Trade Unions and Employers' Organisations

Part A : Registration and Regulation of Trade Unions and Employers' Organisations

102. Amalgamation of trade unions or employers' organisations

 

 

(1) Any registered—
(a) trade union may resolve to amalgamate with one or more other trade unions, whether or not those other trade unions are registered; and
(b) employers' organisation may resolve to amalgamate with one or more other employers' organisations, whether or not those other employers' organisations are registered.

 

(2) The amalgamating trade unions or amalgamating employers' organisations may apply to the registrar for registration of the amalgamated trade union or amalgamated employers' organisation, even if any of the amalgamating trade unions or amalgamating employers' organisations is itself already registered, and the registrar must treat the application as an application in terms of section 96.

 

(3) After the registrar has registered the amalgamated trade union or amalgamated employers' organisation, the registrar must cancel the registration of each of the amalgamating trade unions or amalgamating employers' organisations by removing their names from the appropriate register.

 

(4) The registration of an amalgamated trade union or an amalgamated employers' organisation takes effect from the date that the registrar enters its name in the appropriate register.

 

(5) When the registrar has registered an amalgamated trade union or amalgamated employers' organisation—
(a) all the assets, rights, obligations and liabilities of the amalgamating trade unions or the amalgamating employers' organisations devolve upon and vest in the amalgamated trade union or amalgamated employers' organisation; and
(b) the amalgamated trade union or amalgamated employers' organisation succeeds the amalgamating trade unions or the amalgamating employers' organisations in respect of—
(i) any right that the amalgamating trade unions or the amalgamating employers' organisations enjoyed;
(ii) any fund established in terms of this Act or any other law;
(iii) any arbitration award or court order;
(iv) any collective agreement or other agreement;
(v) membership of any council; and
(vi) any written authorisation by a member for the periodic deduction of levies or subscriptions due to the amalgamating trade unions or amalgamating employers' organisations.