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

Chapter III : Collective Bargaining

Part A : Organisational Rights

14. Trade union representatives

 

 

(1) In this section, "representative trade union" means a registered trade union, or two or more registered trade unions acting jointly, that have as members the majority of the employees employed by an employer in a workplace.

 

(2) In any workplace in which at least 10 members of a representative trade union are employed those members are entitled to elect from among themselves—
(a) if there are 10 members of the trade union employed in the workplace, one trade union representative;
(b) if there are more than 10 members of the trade union employed in the workplace, two trade union representatives;
(c) if there are more than 50 members of the trade union employed in the workplace, two trade union representatives for the first 50 members, plus a further one trade union representative for every additional 50 members up to a maximum of seven trade union representatives;
(d) if there are more than 300 members of the trade union employed in the workplace, seven trade union representatives for the first 300 members, plus one additional trade union representative for every 100 additional members up to a maximum of 10 trade union representatives.
(e) if there are more than 600 members of the trade union employed in the workplace, 10 trade union representatives for the first 600 members, plus one additional trade union representative for every 200 additional members up to a maximum of 12 trade union representatives; and
(f) if there are more than 1 000 members of the trade union employed in the workplace, 12 trade union representatives for the first 1000 members, plus one additional trade union representative for every 500 additional members up to a maximum of 20 trade union representatives.

 

(3) The constitution of the representative trade union governs the nomination, election, term of office and removal from office of a trade union representative.

 

(4) A trade union representative has the right to perform the following functions–
(a) at the request of an employee in the workplace, to assist and represent the employee in grievance and disciplinary proceedings;
(b) to monitor the employer’s compliance with the workplace-related provisions of this Act, any law regulating terms and conditions of employment and any collective agreement binding on the employer;
(c) to report any alleged Contravention of the workplace-related provisions of this Act, any law regulating terms and conditions of employment and any collective agreement binding on the employer to—
(i) the employer;
(ii) the representative trade union; and
(iii) any responsible authority or agency; and
(d) to perform any other function agreed to between the representative trade union and the employer.

 

(5) Subject to reasonable conditions, a trade union representative is entitled to take reasonable time off with pay during working hours
(a) to perform the functions of a trade union representative; and
(b) to be trained in any subject relevant to the performance of the functions of a trade union representative.