CHAPTER SIX TRADE UNIONS AND EMPLOYERS' ORGANISATIONS (ss 95-106)

 

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-
    1. within three months of its formation, and after that by 31 March each year, the names and addresses of its members and the number of persons each member in the federation represents;
    2. within three months of its formation, and after that within 30 days of any appointment or election of its national office-bearers, the names and work addresses of those office-bearers, even if their appointment or election did not result in any changes to its office-bearers;
    3. within three months of its formation, a certified copy of its constitution and an address in the Republic at which it will accept service of any document that is directed to it;
    4. within 30 days of any change to its constitution, or of the address provided to the registrar as required in paragraph (c), notice of that change; and
    5. within 14 days after it has resolved to wind up, a copy of that resolution.

  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.   
    1. 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.
    2. 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-
    1. the registrar is absent from the Republic or from duty, or for any reason is temporarily unable to perform the functions of registrar; or
    2. the office of registrar is vacant.

      3. (Date of commencement of s. 108: 1 January, 1996.)

  4. The registrar and the deputy registrars are independent and, subject only to the Constitution and the law, they must be impartial and must exercise their powers and perform their functions without fear, favour or prejudice.

  5. No person or organ of state may interfere with the functioning of the registrar.

109.   Functions of registrar

  1. The registrar must keep-
    1. a register of registered trade unions;
    2. a register of registered employers' organisations;
    3. a register of federations of trade unions containing the names of the federations whose constitutions have been submitted to the registrar;
    4. a register of federations of employers' organisations containing the names of the federations whose constitutions have been submitted to the registrar; and
    5. a register of councils.

  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.

    5. (Date of commencement of s. 109: 1 January, 1996.)

110.   Access to information

  1. Any person may inspect any of the following documents in the registrar's office-
    1. the registers of registered trade unions, registered employers' organisations, federations of trade unions, federations of employers' organisations and councils;
    2. the certificates of registration and the registered constitutions of registered trade unions registered employers' organisations, and councils and the constitutions of federations of trade unions and federations of employers' organisations; and
    3. the auditor's report in so far as it expresses an opinion on the matters referred to in section 98 (2) (b) (ii).

  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-
    1. the names and work addresses of persons who are national office-bearers of any registered trade union, registered employers' organisation, federation or council;
    2. the address in the Republic at which any registered trade union, registered employers' organisation, federation or council will accept service of any document that is directed to it; and
    3. any of the details of a federation of trade unions or a federation of employers' organisations referred to in section 107 (1) (a), (c), and (e).

PART D - Appeals from Registrar's Decision

111.   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-
    1. the date of the registrar's decision; or
    2. if written reasons for the decision are demanded, the date of those reasons.

  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.

  5. An appeal in terms of this section against a decision by the registrar in terms of section 106 does not suspend the operation of the registrar's decision.