What is a closed shop agreement in South Africa?

What is a closed shop agreement in South Africa?

In short, a closed shop agreement is a collective agreement whereby a majority trade union, and an employer, agree that it is a condition of employment that all employees must be members of the majority trade union. Belonging to the union that they have signed the closed shop agreement with.

What is meant by a closed shop agreement?

closed shop, in union-management relations, an arrangement whereby an employer agrees to hire—and retain in employment—only persons who are members in good standing of the trade union. Such an agreement is arranged according to the terms of a labour contract.

What makes a closed shop agreement valid?

A closed shop agreement is binding only if a ballot has been held of the employees to be covered by the agreement; two-thirds of the employees who voted have voted in favour of the agreement; there is no provision in the agreement requiring membership of the representative trade union before employment commences, and …

What is the difference between an agency shop and a closed shop agreement?

Closed shop agreements have a similar aim to agency shop agreements, but provide a union with a more powerful way of strengthening its bargaining position with employers. Under a closed shop agreement, non-union employees must join the union or face dismissal.

Is closed shop agreement valid or invalid?

A closed-shop is a valid form of union security and a provision therefor in a collective bargaining agreement is not a restriction of the right of freedom of association guaranteed by the Constitution.

Is closed shop agreement valid?

What is the principle of codetermination?

This constitutional and legal right is the basis of the principle of co-determination where the employees are given the right to co-determine or share the responsibility of formulating certain policies that affect their rights, benefits and welfare.

Is a collective bargaining agreement the same as a contract?

A collective bargaining agreement (CBA) is a contract reached as a result of negotiations between representatives of a union and the employer.

Why is codetermination important?

Proponents of shared governance argue that codetermination helps correct for imbalances of power between workers and employers that leave workers vulnerable to exploitation, and that codetermination raises productivity and improves worker satisfaction by facilitating information sharing and enabling worker investment …

Are collective bargaining agreements legally enforceable?

It is not legally binding as between the parties unless in writing and stated to be so, although it may have binding consequences as between a worker and an employer if it is incorporated into the worker’s contract.

Which countries have codetermination?

Countries with codetermination laws, such as Germany, Norway, and Sweden, also have very widespread firm-level union representation and have strong collective bargaining agreements negotiated at the industry level that set standards for wages and working conditions.

What is a closed shop agreement?

A closed Shop agreement is a type Of collective agreement that requires non-union workers to join the union. Parties A closed shop agreement is a type of collective agreement concluded by o a majority trade union (1 or more trade unions whose members are a majority of the workers employed), and o an employer or employers’ organisation.

What is an agency shop agreement?

Agency and Closed Shop Agreements By Johanette Rheeder Agency shop agreements Section 25 of the Act allows a representative trade union and the employer, or a representative trade union and an employer’s organisation, to conclude a collective agreement known as an agency shop agreement.

Can a closed shop agreement be dismissed for conscientious objection?

The employees at the time a closed shop agreement takes effect, may also not be dismissed for refusing to join a trade union party to the agreement; and employees may not be dismissed for refusing to join a trade union party to the agreement on the grounds of conscientious objection.

What are closed shop unions?

In some cases, trade unions have ended up with a monopoly over a certain industry and the companies within that industry. When this happens, all of the companies in an industry have to hire union workers, and they call this “closed shop.”