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

Chapter II : Freedom of Association and General Protections

7. Protection of employers' rights

 

 

(1) No person may discriminate against an employer for exercising any right conferred by this Act.

 

(2) Without limiting the general protection conferred by subsection (1), no person may do, or threaten to do, any of the following—
(a) require an employer—
(i) not to be a member of an employers' organisation;
(ii) not to become a member of an employers' organisation; or
(iii) to give up membership of an employers' organisation;
(b) prevent an employer from exercising any right conferred by this Act or from participating in any proceedings in terms of this Act; or
(c) prejudice an employer because of past, present or anticipated—
(i) membership of an employers' organisation;
(ii) participation in forming an employers' organisation or a federation of employers' organisations;
(iii) participation in the lawful activities of an employers' organisation or a federation of employers' organisations;
(iv) disclosure of information that the employer is lawfully entitled or required to give to another person;
(v) exercise of any right conferred by this Act; or
(vi) participation in any proceedings in terms of this Act.

 

(3) No person may advantage, or promise to advantage, an employer in exchange for that employer not exercising any right conferred by this Act or not participating in any proceedings in terms of this Act. However, nothing in this section precludes the parties to a dispute from concluding an agreement to settle that dispute.

 

(4) A provision in any contract, whether entered into before or after the commencement of this Act, that directly or indirectly contradicts or limits any provision of section 6, or this section, is invalid, unless the contractual provision is permitted by this Act.