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EXTRACTS FROM THE LABOUR RELATIONS ACT - Trade Unions and Employers' Organisations; CONTENTS: Chapter VI Part A-Registration And Regulation Of Trade Unions And Employers' Organisations Part B-Regulation Of Federations Of Trade Unions And Employers' Organisations 107. Regulation of federations of trade unions or employers' organisations Part C-Registrar Of Labour Relations 108. Appointment of registrar of labour relationsPart D-Appeals From Registrar's Decision
_____________________________________________________________ >> Labour Law EXTRACT FROM THE LABOUR RELATIONS ACT: Part A-Registration And Regulation Of Trade Unions And Employers' Organisations 95. Requirements for registration of trade unions or employers' organisations (1) Any trade union may apply to the registrar for registration if-
(2) A trade union is independent if-
(3) Any employers' organisation may apply to the registrar for registration if-
(4) Any trade union or employers' organisation that intends to register may not have a name or shortened form of the name that so closely resembles the name or shortened form of the name of another trade union or employers' organisation that it is likely to mislead or cause confusion. (5) The constitution of any trade union or employers' organisation that intends to register must-
(6) The constitution of any trade union or employers' organisation which intends to register may not include any provision that discriminates directly or indirectly against any person on the grounds of race or sex. 96. Registration of trade unions or employers' organisations (1) Any trade union or employers' organisation may apply for registration by submitting to the registrar-
(2) The registrar may require further information in support of the application. (3) The registrar-
(4) If the registrar is not satisfied that the applicant meets the requirements for registration, the registrar-
(5) If, within that 30-day period, the applicant meets the requirements for registration, the registrar must register the applicant by entering the applicant's name in the appropriate register. (6) If, within that 30-day period, an applicant has attempted to meet the requirements for registration but the registrar concludes that the applicant has failed to do so, the registrar must-
(7) After registering the applicant, the registrar must-
97. Effect of registration of trade union or employers' organisation (1) A certificate of registration is sufficient proof that a registered trade union or registered employers' organisation is a body corporate. (2) The fact that a person is a member of a registered trade union or a registered employers' organisation does not make that person liable for any of the obligations or liabilities of the trade union or employers' organisation. (3) A member, office-bearer or official of a registered trade union or a registered employers' organisation or, in the case of a trade union, a trade union representative is not personally liable for any loss suffered by any person as a result of an act performed or omitted in good faith by the member, office-bearer, official or trade union representative while performing their functions for or on behalf of the trade union or employers' organisation. (4) Service of any document directed to a registered trade union or employers' organisation at the address most recently provided to the registrar will be for all purposes service of that document on that trade union or employers' organisation. 98. Accounting records and audits (1) Every registered trade union and every registered employers' organisation must, to the standards of generally accepted accounting practice, principles and procedures- (a) keep books and records of its income, expenditure, assets and liabilities; and (b) within six months after the end of each financial year, prepare financial statements, including at least-
(2) Every registered trade union and every registered employers' organisation must arrange for an annual audit of its books and records of account and its financial statements by an auditor who must-
(3) Every registered trade union and every registered employers' organisation must-
(4) Every registered trade union and every registered employers' organisation must preserve each of its books of account, supporting vouchers, records of subscriptions or levies paid by its members, income and expenditure statements, balance sheets, and auditor's reports, in an original or reproduced form, for a period of three years from the end of the financial year to which they relate. 99. Duty to keep records In addition to the records required by section 98, every registered trade union and every registered employers' organisation must keep-
100. Duty to provide information to registrar Every registered trade union and every registered employers' organisation must provide to the registrar-
101. Changing constitution or name of registered trade unions or employers' organisations (1) A registered trade union or a registered employers' organisation may resolve to change or replace its constitution. (2) The registered trade union or the registered employers' organisation must send the registrar a copy of the resolution and a certificate signed by its secretary stating that the resolution complies with its constitution. (3) The registrar must-
(4) The changed or new constitution takes effect from the date of the registrar's certification. (5) A registered trade union or registered employers' organisation may resolve to change its name. (6) The registered trade union or registered employers' organisation must send the registrar a copy of the resolution and the original of its current certificate of registration. (7) If the new name of the trade union or employers' organisation meets the requirements of section 95(4),20 the registrar must-
(8) The new name takes effect from the date that the registrar enters it in the appropriate register. 102. Amalgamation of trade unions or employers' organisations (1) Any registered-
(2) The amalgamating trade unions or amalgamating employers' organisations may apply to the registrar for registration of the amalgamated trade union or 20. These are the requirements relating to the name of a trade union or employers' organisation to be registered. amalgamated employers' organisation, even if any of the amalgamating trade unions or amalgamating employers' organisations is itself already registered, and the registrar must treat the application as an application in terms of section 96. (3) After the registrar has registered the amalgamated trade union or amalgamated employers' organisation, the registrar must cancel the registration of each of the amalgamating trade unions or amalgamating employers' organisations by removing their names from the appropriate register. (4) The registration of an amalgamated trade union or an amalgamated employers' organisation takes effect from the date that the registrar enters its name in the appropriate register. (5) When the registrar has registered an amalgamated trade union or amalgamated employers' organisation-
103. Winding-up of registered trade unions or registered employers' organisations (1) The Labour Court may order a registered trade union or registered employers' organisation to be wound up if-
(2) If there are any persons not represented before the Labour Court whose interests may be affected by an order in terms of subsection (1), the Court must-
(3) In granting order in terms of subsection (1), the Labour Court may appoint a suitable person as liquidator, on appropriate conditions. (4) (a) The registrar of the Labour Court must determine the liquidator's fees.
(5) If, after all the liabilities of the registered trade union or registered employers' organisation have been discharged, any assets remain that cannot be disposed of in accordance with the constitution of that trade union or employers' organisation, the liquidator must realise those assets and pay the proceeds to the Commission for its own use. 104. Winding-up of trade unions or employers' organisations by reason of insolvency Any person who seeks to wind-up a trade union or employers' organisation by reason of insolvency must comply with the Insolvency Act, 1936 (Act No. 24 of 1936), and, for the purposes of this section, any reference to the court in that Act must be interpreted as referring to the Labour Court. 105. Cancellation of registration of trade union that is no longer independent (1) Any registered trade union may apply to the Labour Court for an order declaring that another trade union is no longer independent. (2) If the Labour Court is satisfied that a trade union is not independent, the Court must make a declaratory order to that effect. 106. Cancellation of registration of trade unions or employers' organisations (1) The registrar of the Labour Court must notify the registrar of labour relations if the Court
(2) When the registrar receives a notice from the Labour Court in terms of subsection (1), the registrar must cancel the registration of the trade union or employers' organisation by removing its name from the appropriate register. (3) When a trade union's or employers' organisation' s registration is cancelled, all the rights it enjoyed as a result of being registered will end. Part B-Regulation Of Federations Of Trade Unions And Employers' Organisations 107. Regulation of federations of trade unions or employers' organisations (1) Any federation of trade unions that has the promotion of the interests of employees as a primary object, and any federation of employers' organisations that has the promotion of the interests of employers as a primary object, must provide to the registrar-
(2) Service of any document directed to a federation of trade unions or a federation of employers' organisations at the address most recently provided to the registrar will be, for all purposes, service of that document on that federation. (3) The registrar must remove from the appropriate register the name of any federation that the registrar believes has been wound up or sequestrated. Part C-Registrar Of Labour Relations 108. Appointment of registrar of labour relations (1) The Minister must designate an officer of the Department of Labour as the registrar of labour relations to perform the functions conferred on the registrar by or in terms of this Act. (2) (a) The Minister may designate any number of officers in the Department as deputy registrars of labour relations to assist the registrar to perform the functions of registrar in terms of this Act. (b) A deputy registrar may exercise any of the functions of the registrar that have been generally or specifically delegated to the deputy. (3) The deputy registrar of labour relations or if there is more than one, the most senior of them, will act as registrar whenever-
109. Functions of registrar (1) The registrar must keep-
(2) Within 30 days of making an entry in, or deletion from, a register, the registrar must give notice of that entry or deletion in the Government Gazette. (3) The registrar, on good cause shown, may extend or condone late compliance with any of the time periods established in this Chapter, except the period within which a person may note an appeal against a decision of the registrar. (4) The registrar must perform all the other functions conferred on the registrar by or in terms of this Act. 110. Access to information (1) Any person may inspect any of the following documents in the registrar's office-
(2) The registrar must provide a certified copy of, or extract from, any of the documents referred to in subsection (1) to any person who has paid the prescribed fee. (3) Any person who is a member, office-bearer or official of a registered trade union or of a registered employers' organisation, or is a member of a party to a council, may inspect any document that has been provided to the registrar in compliance with this Act by that person's registered trade union, registered employers' organisation or council. (4) The registrar must provide a certified copy of, or extract from, any document referred to in subsection (3) to any person who has a right in terms of that subsection to inspect that document and who has paid the prescribed fee. (5) The registrar must provide any of the following information to any person free of charge
Part D-Appeals From Registrar's Decision Appeals from registrar's decision (1) Within 30 days of the written notice of a decision of the registrar, any person who is aggrieved by the decision may demand in writing that the registrar provide written reasons for the decision. (2) The registrar must give the applicant written reasons for the decision within 30 days of receiving a demand in terms of subsection (1). (3) Any person who is aggrieved by a decision of the registrar may appeal to the Labour Court against that decision, within 60 days of-
(4) The Labour Court, on good cause shown, may extend the period within which a person may note an appeal against a decision of the registrar. >> Labour Law |