Abstract
With the entering into force of the Companies Act 71 of 2008 in 2011 a number of rights were granted to trade unions by the act. The Companies Act 71 of 2008 not only grants rights to registered trade unions, as is the case in labour law, but in some cases it grants rights to trade unions representing employees at the workplace. It is argued that rights afforded to trade unions by the act ought to be granted only to trade unions that are registered in terms of the Labour Relations Act 66 of 1995. In addition, it is also argued that the i ought in principle to differentiate between rights that are granted to registered trade unions representing employees at the workplace and rights that are granted to registered majority trade unions, or at the least to sufficiently representative trade unions.Keywords: Companies Act 17 of 2008; Trade unions; Labour Relations Act 66 of 1995; Organisational rights; Business rescue
Highlights
The Companies Act 71 of 20081 was assented to by the President on 9 April 2009 and entered into force on 1 May 2011.2 trade unions played some role in the operation of businesses prior to the Companies Act, this act grants trade unions far more rights
The Labour Relations Act6 differentiates in principle between rights that are granted to any registered trade union and those that are granted to registered but sufficiently representative or majority trade unions only
This section will explore some of the rights granted to trade unions by the Companies Act, and will make recommendations regarding an in-principle differentiation between any registered trade union in the workplace and a representative registered trade union in the workplace in respect of the rights granted to such trade unions
Summary
Trade unions played some role in the operation of businesses prior to the Companies Act, this act grants trade unions far more rights. The Labour Relations Act differentiates in principle between rights that are granted to any registered trade union and those that are granted to registered but sufficiently representative or majority trade unions only. The Companies Act does not make such an in principle differentiation. It will be argued that the Companies Act ought in principle to differentiate between rights granted to any registered trade union representing employees in the workplace and rights granted. To registered majority trade unions or, at the very least, sufficiently representative trade unions in the workplace. The aim of this article is, to explore some of the rights granted to trade unions by the Companies Act, to highlight some concerns, and to make recommendations arising from these concerns
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