Chapter II: Freedom of Association and General Protections
4. Employees' right to freedom of association

 

 

  1. Every employee has the right-

    1. to participate in forming a trade union or federation of trade unions; and

    2. 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-

    1. to participate in its lawful activities;

    2. to participate in the election of any of its office-bearers, officials or trade union representatives;

    3. to stand for election and be eligible for appointment as an office-bearer or official and, if elected or appointed, to hold office.

    4. 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-

    1. to participate in its lawful activities;

    2. to participate in the election of any of its office-bearers or officials; and

    3. to stand for election and be eligible for appointment as an office-bearer or official and, if elected or appointed, to hold office.