The impact of collective agreements on non-unionised employees in South Africa
| dc.article.end-page | 129 | |
| dc.article.start-page | 1 | |
| dc.contributor.author | Matumane, Nkwane Danger | |
| dc.contributor.supervisor | Marumoagae, M. C. | |
| dc.date.accessioned | 2024-06-13T07:31:56Z | |
| dc.date.available | 2024-06-13T07:31:56Z | |
| dc.date.issued | 2023 | |
| dc.description | A research report submitted in partial fulfilment of the requirements for the degree master of Laws (LLM) (by dissertation) in the Faculty of Commerce, Law and Management University of the Witwatersrand, 2023 | |
| dc.description.abstract | Collective agreements are recorded results of the resolutions reached during a collective bargaining process. This dissertation illustrates that in South Africa, non- unionised employees are excluded from taking part in the formulation of collective agreements that affect them in their workplaces. Decisions that impact their employment are taken by participating unions, even though they did not provide those unions with their mandate or demands. This dissertation argues that their exclusion from the bargaining system may adversely impact their right to fair labour practices, including the right to their dignity. They may be retrenched without consultation where a collective agreement was concluded and extended to them. This would effectively limit their rights to engage in productive work or the right to choose their trade, occupation or profession freely guaranteed in the Constitution of the Republic of South Africa, 1996. Given the importance of collective bargaining and the scope of issues discussed thereof, there is a case to be made to incorporate non-unionised employees in collective bargaining processes. Such incorporation would enable these employees to also play a role in determining their wages as well as terms and conditions of their employment, including other matters of mutual interest. Most importantly, this dissertation recommends ways in which these employees can play a role in major decisions relating to their employment, which are normally taken by employers and representative trade unions. The dissertation calls for policy or law reforms relating to the participation of non-unionised employees in collective bargaining processes. Their exclusion from collective bargaining processes, which usually considers service benefits that may not be provided by legislation such as medical aid and retirement funding coverage cannot be justified given the issues and challenges they face, including the impact collective agreements have on them. Non-unionised employees are bound by and usually have to adhere to collective agreements even though they were not involved in the collective bargaining processes. Although they have the right to fair labour practices and the right to freedom of association in terms of the Constitution, non-unionised employees do not have a say in the conclusion of collective agreements and in other processes, which have an impact on their lives and their terms and conditions of employment | |
| dc.description.submitter | MM2024 | |
| dc.faculty | Faculty of Commerce, Law and Management | |
| dc.identifier.citation | Matumane, Nkwane Danger. The impact of collective agreements on non-unionised employees in South Africa [Master’s dissertation, University of the Witwatersrand, Johannesburg]. WireDSpace. https://hdl.handle.net/10539/38648 | |
| dc.identifier.uri | https://hdl.handle.net/10539/38648 | |
| dc.language.iso | en | |
| dc.publisher | University of the Witwatersrand, Johannesburg | |
| dc.rights | © 2023 University of the Witwatersrand, Johannesburg. All rights reserved. The copyright in this work vests in the University of the Witwatersrand, Johannesburg. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of University of the Witwatersrand, Johannesburg. | |
| dc.rights.holder | University of the Witwatersrand, Johannesburg | |
| dc.school | School of Law | |
| dc.subject | Non- unionised employee | |
| dc.subject | Collective agreements | |
| dc.subject | Employment | |
| dc.subject | African Charter on Human and Peoples’ Rights | |
| dc.subject | UCTD | |
| dc.subject.other | SDG-8: Decent work and economic growth | |
| dc.title | The impact of collective agreements on non-unionised employees in South Africa | |
| dc.type | Dissertation |