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


National Bargaining Council for the Clothing Manufacturing Industry

Main Collective Agreement

Part A : Provisions for the Eastern Cape Region

11. Organisational Rights

11.1 Closed Shop



(1) No employer who is a member of an employers' organisation (which is a party to the Council), shall continue to employ an employee—
(a) who, while being eligible for membership of the union, is not a member of the union as at the date of coming into operation of this part of the Agreement; or
(b) who does not become a member of the trade union within a period of 90 days from such date.
(c) The provisions of this clause shall apply to persons who are eligible for membership in terms of the constitution of the union or employers’ organisation or who have been refused membership of or expelled from the union or employers’ organisation.


(2) Every employer shall forward all deductions made from the remuneration of employees in respect of union membership fees to the Secretary of the Cape Regional Chamber of the Council, P O Box 1142, Woodstock, 7915, not later than the seventh day of the month following that to which it refers. The Regional Chamber shall forward the amounts to the Secretary of the union, together with such analyses of the amounts as are received from employers.


(3) For this part of the Agreement no union membership subscriptions may be—
(a) paid to a political party as an affiliation fee;
(b) contributed in cash or kind to a political party or a person standing for election to any political office; or
(c) used for any expenditure that does not advance or protect the socio-economic interests of employees.


(4) Provided that the provisions of this clause will also not be applicable to:
(a) clerks; or
(b) a casual employee.


(5) Provided further that the provisions of section 26(3)(c) of the Act shall be observed by the parties to the Council and to whom this clause is applicable.