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

Chapter II : Freedom of Association and General Protections

4. Employees' right to freedom of association

 

 

(1) Every employee has the right—
(a) to participate in forming a trade union or federation of trade unions; and
(b) to join a trade union, subject to its constitution.

 

(2) Every member of a trade union has the right, subject to the constitution of that trade union—
(a) to participate in its lawful activities;
(b) to participate in the election of any of its office-bearers, officials or trade union representatives;
(c) to stand for election and be eligible for appointment as an office-bearer or official and, if elected or appointed, to hold office.
(d) to stand for election and be eligible for appointment as a trade union representative and, if elected or appointed, to carry out the functions of a trade union representative in terms of this Act or any collective agreement.

 

(3) Every member of a trade union that is a member of a federation of trade unions has the right, subject to the constitution of that federation—
(a) to participate in its lawful activities;
(b) to participate in the election of any of its office-bearers or officials; and
(c) to stand for election and be eligible for appointment as an office-bearer or official and, if elected or appointed, to hold office.