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Section 29: Right of workers to freedom of association

Employment Relations Act · PART IV: PROTECTION OF FUNDAMENTAL RIGHTS

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

29. Right of workers to freedom of association (1) Every worker shall have the right— (a) subject to subsection (1A), to establish or join, as a member, a trade union of his own choice, without previous authorisation and without distinction whatsoever or discrimination of any kind including discrimination as to occupation, age, marital status, sex, sexual orientation, colour, race, religion, HIV status, national extraction, social origin, political opinion or affiliation; (b) not to be a member, or to refuse to be a member, of a trade union; (c) subject to section 42, to take part, outside working hours or with the consent of the employer within working hours, in the lawful activities of a trade union of which he is a member; (d) to seek, subject to the rules of the trade union of which he is a member, appointment or election as an officer of that trade union. (1A) A worker shall have the right to join only one trade union, of his own choice, in the enterprise where he is employed or his bargaining unit. (2) Any provision of a contract of employment or a collective agreement, which seeks to restrain a worker from exercising any right under this Act, shall be null and void. (3) No employer shall restrain a worker from exercising his rights under this section. [S. 29 amended by s. 10 of Act 5 of 2013 w.e.f. 11 June 2013.]

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