The Rights of Trade Unions

Question 1

What is a Trade Union?

Answer 1

• An org that represents people at work.
• Can be a group of employees or employers who join together, in order to maintain, protect and improve their conditions of employment. (+pay)
  They also campaign for laws and policies which will benefit working people.

Question 2

Which Act protects T.U? (Both employers & employees)

Answer 2

Employment Relations Act 2008. (ERA)

Question 3

What are the 3 main areas that the ERA gives rights and protection to?

Answer 3

• Workers’ Rights to Freedom of Association.(3)
• Employers’ Rights to Freedom of Association.
• Prohibition of Closed Shop.

Question 4

What are the sections in the law that protect the employees? (Trade Union)
(1#Freedom of Association)

Answer 4

• Constitution - Article 13. Protection of freedom of assembly and association. (This assures that no one is prevented from exercising their right to free assembly and association)
• ERA - Section 29. Workers have the right to associate and assemble freely to form T.Us. (In line with the constitution)

Question 5

What does ERA - Section 29 says about the rights of employees concerning Trade Union?
(2#Freedom of Association)

Answer 5

A worker has the right to;

1. Establish or join, as a member, a T.U of his choice. (There must be no discrimination of any kind {Occupation, Age, Marital Status, Sex, colour, religion, HIV status, national extraction, social origin, political opinion, or affiliation})
   Therefore, a worker cannot be prevented from joining a T.U because he belongs to a particular political party or because he is of a particular sex etc.
2. Not to be a member, or to refuse to be a member, of a T.U. (As nobody can force someone to become a member of a T.U. Similarly, once a worker has joined a T,U, he can also choose to leave it.)
3. Take part in any activities of a T.U of which he is a member. (Can participate in the activities outside working hours or within working hours with the consent of the employer.)
4. Seek Appointment or Election as an officer of that T.U.
5. Join only 1 T.U of his choice, in the company where he is employed.

Question 6

Can employers prevent employees from forming T.U?
(3#Freedom of Association)

Answer 6

No.
So, any clause in Employment Contracts or Collective Agreements that restricts such rights = Null + Void.

Question 7

How many parts does the Workers’ Rights to Freedom to Association has and what are they?

Answer 7

• Right of workers to freedom of freedom of association.
• Protection of T.U of workers against acts of interference.
  Protection against discrimination and victimisation.

Question 8

Describe the Protection of T.U of workers against acts of interference for workers.

Answer 8

The T.U must be protected from interference and control after it had been established, ensuring its functioning and administration are free from political party or employer influence, allowing its members to function freely.

Question 9

Describe the Protection against discrimination and victimisation for the workers.

Answer 9

No one can;
Force another person who is seeking employment to join a T.U, prevent them from joining a T.U if they get the job, force them to give up T.U membership, or ask them not to participate in their T.U activities, discriminate against individuals based on their T.U membership (Past, Present or Future).

Question 10

What is the penalty for employers who discriminate against workers regarding T.U?

Answer 10

Will commit an offence & be liable to a fine not exceeding 100,000 rupees.

Question 11

How many parts does the Employers’ Rights to Freedom of Association talk about and What are they?

Answer 11

• Rights of Employers.
• Protection of T.U of employers against Acts of Interference.

Question 12

Describe the Rights of Employers.

Answer 12

Employers have the right to establish or join a T.U of their choice, without discrimination based on factors like occupation, age, marital status, colour, religion, social origin, affiliation, political opinion, or sexual orientation. As a result, they can’t be prevented from joining a T.U because of these reasons.

They can also choose not to be a member or refuse to be a member (Can’t force them to join) and can leave the T.U at their own choice.
Employers can participate in T.U activities and hold office according to its rules

Question 13

Describe the Protection of T.U of employers against Acts of Interference.

Answer 13

Prohibits any worker T.U from interfering with the Establishment, Functioning, or Administration of an employer T.U, ensuring its freedom of operation.

Question 14

What are the sections in the law that protect the employers? (Trade Union)

Answer 14

• Constitution - Article 13 (Allows for the freedom of association for both employees and employers)
• ERA - Sections 32 and 33 (Provide the rights of employers to join a T.U)

Question 15

What are the types of Groups of Trade Unions for employers?

Answer 15

• Federation of employers - May be formed by 2 or more T.U of employers.
• Confederation of employers - May be formed by 2 or more federations of employers.
• Employers’ T.Us can join international orgs, contribute to them, and receive financial support in return.

Question 16

What is a Closed Shop agreement?

Answer 16

• They are to be void.
• An agreement between an employer and a T.U of workers in order to;

v Preclude the employer from hiring someone not a member of the T.U.

v Preclude the employer from hiring someone not recommended by the T.U.

v To require that one of a worker’s terms and conditions of employment be that he or she join a T.U.

Question 17

Under what law is a Closed Shop agreement unlawful?

Answer 17

• Section 34 - ERA. (It prohibits the entering of a C-S agreement.)

As any person must be free to join or not to join a T.U, and cannot be penalised for not joining one.

Question 18

What is the penalty if Closed Shop agreement has been found by the Industrial Court?

Answer 18

Any person who were denied employment due to this can apply to the Industrial Court for an order.

If the court finds there was a C-S agreement and that the refusal to employ this person was due to that agreement, that he or she was not a member of that T.U, then The Court may order the employer to pay a compensation to the applicant.