Trade unions in South Africa
Encyclopedia
| National trade union organization(s) | |
|---|---|
| COSATU Congress of South African Trade Unions The Congress of South African Trade Unions is a trade union federation in South Africa. It was founded in 1985 and is the biggest of the country’s three main trade union federations, with 21 affiliated trade unions, altogether organising 1.8 million workers.-Establishment:COSATU was established in... , FEDUSA, NACTU National Council of Trade Unions The National Council of Trade Unions is a national trade union center in South Africa. It has a membership of 397,000 and was formed by the merger of the Council of Unions of South Africa and the Azanian Confederation of Trade Unions .... , CONSAWU |
|
| National government agency(ies) | |
| South African Department of Labour | |
| Primary trade union legislation | |
| Labour Relations Act | |
---- |
|
| Trade union membership | 3.11 million |
| Percentage of workforce ---- |
25.3% |
| by main industry ---- |
|
| - Agriculture, hunting, forestry and fishing | 9.6% |
| - Mining and quarrying | 78.5% |
| - Manufacturing | 38.3% |
| - Electricity, gas and water supply | 55.7% |
| - Construction | 10.5% |
| - Wholesale and retail trade | 23.7% |
| - Transport, storage and communication | 48.2% |
| - Financial, insurance, real estate and business service | 24.0% |
| - Community, social and personal services | 56.9% |
| - Private households with employed persons ---- |
3.4% |
| Demographics Demographics Demographics are the most recent statistical characteristics of a population. These types of data are used widely in sociology , public policy, and marketing. Commonly examined demographics include gender, race, age, disabilities, mobility, home ownership, employment status, and even location... ---- |
|
| - Age 16 - 24 | % |
| - 25 - 34 | % |
| - 35 - 44 | % |
| - 45 - 54 | % |
| - 55 - 64 | % |
| - 65 and over ---- |
% |
| - African | |
| Women | 38% |
| Men | 42% |
| - Coloured | |
| - Women | 37% |
| - Men | 34% |
| - Indian | |
| - Women | 30% |
| - Men | 31% |
| - White | |
| - Women | 27% |
| - Men | 32% |
---- |
|
| Member of the ILO International Labour Organization The International Labour Organization is a specialized agency of the United Nations that deals with labour issues pertaining to international labour standards. Its headquarters are in Geneva, Switzerland. Its secretariat — the people who are employed by it throughout the world — is known as the... - |
Yes |
| Freedom of Association Convention Freedom of Association and Protection of the Right to Organise Convention, 1948 The Convention concerning Freedom of Association and Protection of the Right to Organise or Freedom of Association and Protection of the Right to Organise Convention is an International Labour Organization Convention... |
February 19, 1996 |
| Right to Organise Convention Right to Organise and Collective Bargaining Convention, 1949 The Convention concerning the Application of the Principles of the Right to Organise and to Bargain Collectively or Right to Organise and Collective Bargaining Convention is an International Labour Organization Convention. It is one of 8 ILO fundamental conventions.- Ratifications:-External... |
February 19, 1996 |
Trade unions in South Africa have a history dating back to the 1880s. From the beginning unions
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
could be viewed as a reflection of the racial disunity of the country, with the earliest unions being predominantly for white workers. Through the turbulent years of 1948 - 1991 trade unions played an important part in developing political and economic resistance, and eventually were one of the driving forces in realising the transition to an inclusive democratic government.
Today trade unions are still an important force in South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
, with 3.1 million members representing 25% of the formal work force. The Congress of South African Trade Unions
Congress of South African Trade Unions
The Congress of South African Trade Unions is a trade union federation in South Africa. It was founded in 1985 and is the biggest of the country’s three main trade union federations, with 21 affiliated trade unions, altogether organising 1.8 million workers.-Establishment:COSATU was established in...
(COSATU) is the largest of the three major trade union centres, with a membership of 1.8 million, and is part of the Tripartite alliance with the ruling African National Congress
African National Congress
The African National Congress is South Africa's governing Africanist political party, supported by its tripartite alliance with the Congress of South African Trade Unions and the South African Communist Party , since the establishment of non-racial democracy in April 1994. It defines itself as a...
(ANC) and the South African Communist Party
South African Communist Party
South African Communist Party is a political party in South Africa. It was founded in 1921 as the Communist Party of South Africa by the joining together of the International Socialist League and others under the leadership of Willam H...
(SACP).
Early history
Early trade unions were often for whites only, with organizations like the South African Confederation of Labour (SACoL) favouring employment policies based on racial discrimination. Trade unions organizing blacks appeared by 1917, and within two years the Industrial and Commercial Workers' Unions of Africa had been formed by people living on the streets of Cape Town. By the 1930s the South African Trades and Labour Council (SATLC) had united much of the country. The SATLC maintained an explicitly non-racial stance, and accepted affiliation of black trade unions, as well as calling for full legal rights for black trade unionists. Some black unions joined SATLC, while in the 1940s others affiliated with the Council of Non-European Trade Unions, raising it to a peak of 119 unions and 158,000 members in 1945.In 1946, the CNETU with the African National Congress
African National Congress
The African National Congress is South Africa's governing Africanist political party, supported by its tripartite alliance with the Congress of South African Trade Unions and the South African Communist Party , since the establishment of non-racial democracy in April 1994. It defines itself as a...
and the South African Communist Party
South African Communist Party
South African Communist Party is a political party in South Africa. It was founded in 1921 as the Communist Party of South Africa by the joining together of the International Socialist League and others under the leadership of Willam H...
pushed for the African Mine Workers' Strike
African Mine Workers' Strike
The African Mine Workers' Strike, by mine workers of Witwatersrand started on August 12, 1946 and lasted around 1 week. The strike was attacked by police and over the week, at least 1,248 workers were wounded and at least 9 killed.-African Mine Workers' Union:...
to become a General Srike. The strike was broken by the police brutality which was part of the rise of the National Party
National Party (South Africa)
The National Party is a former political party in South Africa. Founded in 1914, it was the governing party of the country from 4 June 1948 until 9 May 1994. Members of the National Party were sometimes known as Nationalists or Nats. Its policies included apartheid, the establishment of a...
(NP) and their slogan of apartheid
History of South Africa in the apartheid era
Apartheid was a system of racial segregation enforced by the National Party governments of South Africa between 1948 and 1994, under which the rights of the majority 'non-white' inhabitants of South Africa were curtailed and white supremacy and Afrikaner minority rule was maintained...
as all black trade unions were violently suppressed.
1948 - 1991
By 1954 SATLC was disbanded, and with the formation of the Trade Council of South Africa (TUCSA) union membership included white, coloured, and Asians, with blacks in dependent organizations. Independent black unions were excluded from affiliation and 14 previous unions from SATLC founded the South African Congress of Trade Unions (SACTU). SACTU merged with the Council of Non-European Trade Unions and became the trade union arm of the ANC. The union grew to a membership of 53,000 by 1961, but was driven underground, and for a decade black unionism was again virtually silenced in South Africa.In 1979 the Federation of South African Trade Unions
Federation of South African Trade Unions
The Federation of South African Trade Unions was a labour organisation formed in April 1979 to build non-racialindustrial worker's block committed firmly to strong factory floor organization. It was merged into the Congress of South African Trade Unions in 1985....
(FOSATU) was formed, with the Council of Unions of South Africa (CUSA) being created in the following year.
What was to become one of the largest unions in South Africa, the National Union of Mineworkers
National Union of Mineworkers (South Africa)
-External links:* official site....
(NUM) was created in 1982, and was deeply involved in the political conflict against the ruling National Party. The union embraced four "pillars" of action - armed struggle, mass mobilisation (ungovernability), international solidarity, and underground operation.
The Congress of South African Trade Unions
Congress of South African Trade Unions
The Congress of South African Trade Unions is a trade union federation in South Africa. It was founded in 1985 and is the biggest of the country’s three main trade union federations, with 21 affiliated trade unions, altogether organising 1.8 million workers.-Establishment:COSATU was established in...
(COSATU) was formed in 1985, and FOSATU merged into it in the same year.
The largest strike up to that date in South Africa's history took place on May 1, 1986, when 1.5 million black workers "stayed away" in a demand for recognition of an official May Day
May Day
May Day on May 1 is an ancient northern hemisphere spring festival and usually a public holiday; it is also a traditional spring holiday in many cultures....
holiday. In the following June up to 200 trade union officials, including Elijah Barayi and Jay Naidoo
Jay Naidoo
Jay Naidoo is the co-founder of the J&J Group and founder of the J&J Development Projects Trust. He is the non-executive Chairperson of the premier development finance institution in Southern Africa, the Development Bank of Southern Africa...
of the COSATU, and Phiroshaw Camay, the general secretary of the CUSA, were reported to be arrested under a renewed state of emergency.
Also in 1986, CUSA joined with the Azanian Confederation of Trade Unions (AZACTU) to form the National Council of Trade Unions
National Council of Trade Unions
The National Council of Trade Unions is a national trade union center in South Africa. It has a membership of 397,000 and was formed by the merger of the Council of Unions of South Africa and the Azanian Confederation of Trade Unions ....
(NACTU), and Chief Mangosuthu Buthelezi
Mangosuthu Buthelezi
Inkosi Mangosuthu Buthelezi is a South African Zulu politician who founded the Inkatha Freedom Party in 1975 and continues to lead the party today.His praise name is Shenge.-Early life:...
created the United Workers' Union of South Africa (UWUSA), particularly to oppose disinvestment
Disinvestment
Disinvestment, sometimes referred to as divestment, refers to the use of a concerted economic boycott, with specific emphasis on liquidating stock, to pressure a government, industry, or company towards a change in policy, or in the case of governments, even regime change...
in South Africa. The UWUSA eventually faded from view, but not before revelations in July 1991 that it had collaborated with anti-union employers in a campaign against both COSATU and NACTU activists, and had received at least 1.5 million Rand
South African rand
The rand is the currency of South Africa. It takes its name from the Witwatersrand , the ridge upon which Johannesburg is built and where most of South Africa's gold deposits were found. The rand has the symbol "R" and is subdivided into 100 cents, symbol "c"...
from the security police.
In 1988 a new Labour Relations Act placed restrictions on labour activities, including giving the Labour Court the power to ban lawful strikes and lock-outs. This was to be short-lived, and negotiations between COSATU, NACTU and the South African Committee on Labour Affairs (SACCOLA) eventually produced a 1991 amendment which effectively repealed the previous powers.
In 1990 SACTU, which had continued underground activities from exile, dissolved and advised its members to join COSATU. COSATU, as a member of the Tripartite alliance with the ANC and SACP, provided material support in the form of strikes and both political and economic unrest, which eventually led to the displacement of the National Party, and the majority victory of the ANC in the 1994 political elections
South African general election, 1994
The South African general election of 1994 was an election held in South Africa to mark the end of apartheid, therefore also the first held with universal adult suffrage. The election was conducted under the direction of the Independent Electoral Commission .Millions queued in lines over a three...
.
Trade unions today
Trade unions are recognized within the 1996 Constitution of South AfricaConstitution of South Africa
The Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government. The current constitution, the country's fifth, was...
, which provides for the right to join trade unions, and for unions to collectively bargain and strike. This has translated into the Labour Relations Act which established the working framework for both unions and employers. Three institutions have also been created to further the goals of reducing industrial relations conflict, and both eliminating unfair discrimination and redressing past discrimination in the workplace: the National Economic Development and Labour Council (NEDLAC), the Labour Court, and the Council for Conciliation, Mediation and Arbitration (CCMA).
With the creation of the Federation of Unions of South Africa (FEDUSA) from the merger of the Federation of South African Labour Unions (FEDSAL) and several smaller unions in 1997, the three main union organizations were established. COSATU, with a membership of 1.8 million, is followed by FEDUSA with 560,000 members and NACTU
National Council of Trade Unions
The National Council of Trade Unions is a national trade union center in South Africa. It has a membership of 397,000 and was formed by the merger of the Council of Unions of South Africa and the Azanian Confederation of Trade Unions ....
with almost 400,000 members including the powerful mineworkers union. All three are affiliated with the International Trade Union Confederation
International Trade Union Confederation
The International Trade Union Confederation is the world's largest trade union federation. It was formed on November 1, 2006 out of the merger of the International Confederation of Free Trade Unions and the World Confederation of Labour...
.
A fourth national trade union centre was formed in 2003. The Confederation of South African Workers' Unions (CONSAWU) is affiliated with the World Confederation of Labour
World Confederation of Labour
The World Confederation of Labour was an international labour organization founded in 1920 and based in Europe. Totalitarian governments of the 1930s repressed the federation and imprisoned many of its leaders, limiting operations until the end of World War II...
(WCL).
The 2006 ICFTU Annual Survey of violations of trade union rights noted South Africa:
"Serious violations were reported during the year, including the death of two workers killed by their employer in a wage dispute, and a striking farm worker killed by security guards. Protest strikes and demonstrations met with violent repression, such as the use of rubber bullets, which in the case of striking truck drivers, led to injuries."
Labour and HIV/AIDS
South Africa has one of the largest incidence of HIV/AIDS in the world, with a 2005 estimate of 5.5 million people living with HIV — 12.4% of the population. The trade union movement has taken a role in combating this pandemic. COSATU is a key partner in the Treatment Action CampaignTreatment Action Campaign
The Treatment Action Campaign is a South African AIDS activist organization which was founded by the HIV-positive activist Zackie Achmat in 1998. TAC is rooted in the experiences, direct action tactics and anti-apartheid background of its founder...
(TAC), a registered charity and political force working to educate and promote understanding about HIV/AIDS, and to prevent new infections, as well as push for greater access to antiretrovirals
Antiretroviral drug
Antiretroviral drugs are medications for the treatment of infection by retroviruses, primarily HIV. When several such drugs, typically three or four, are taken in combination, the approach is known as Highly Active Antiretroviral Therapy, or HAART...
. COSATU passed a resolution in 1998 to campaign for treatment. “It was clear to the labour movement at that time that its lowest paid members were dying because they couldn’t afford medicines,” says Theodora Steel, Campaigns Coordinator at COSATU. “We saw TAC as a natural ally
in a campaign for treatment. We passed a formal resolution at our congress to assist and build TAC.
Notwithstanding the formal alliance of COSATU with the ruling ANC party, it has been at odds with the government, calling for the roll-out of comprehensive public access to antiretroviral drugs.
Labour Relations Act
The Labour Relations Act was created in 1995, and subsequently amended by the Afrikaans Labour Relations Act 1998, the Labour Relations Act - 1996, the Labour Relations Act 1998, the Labour Relations Act 2000, and most recently the Labour Relations Act 2002. Its stated purpose is to "give effect to section 27 of the Constitution" by regulating organisational rights of trade unions, promoting collective bargainingCollective bargaining
Collective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions...
, regulating the right to strike and the recourse to lockouts, as well as providing mechanisms for dispute resolution and the establishment of Labour Court and Labour Appeal Court as superior courts, "with exclusive jurisdiction to decide matters arising from the Act". The act also addresses employee participation in decision-making, and international law obligations in respect to labour relations.
The Labour Relations Act does not apply to the South African National Defence Force
South African National Defence Force
The South African National Defence Force is the armed forces of South Africa. The military as it exists today was created in 1994, following South Africa's first post-apartheid national elections and the adoption of a new constitution...
, the National Intelligence Agency, or the South African Secret Service
South African Secret Service
The South African Secret Service is a South African intelligence agency. It is responsible for all non-military foreign intelligence and for counterintelligence within the Service itself. It is also responsible for gathering, correlating, evaluating and analyzing this intelligence...
.
Bargaining councils
Bargaining councils are formed by registered trade unions and employers’ organisations. They deal with collective agreements, attempt to solve labour disputes, and make proposals on labour policies and laws. As well, they may administer pension funds, sick pay, unemployment and training schemes, and other such benefits for their members.The Amended Labour Relations Act also notes that these councils are to "extend the services and functions of the bargaining council to workers in the informal sector and home workers."
Agency Shop Agreements
Agency Shop Agreements are struck by a majority trade union (either one union, or a coalition of unions representing the majority of workers employed) and an employer or employers' organisation. This agreement requires employers to deduct a fee from the wages of non-union workers to "ensure that non-union workers, who benefit from the union’s bargaining efforts, make a contribution towards those efforts".Permission from the employee is not required for deductions to be assessed. However, if the employee is a conscientious objector
Conscientious objector
A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, and/or religion....
, that is refuses membership in a trade union on the grounds of conscience, she or he may request that their fees are paid to a fund administered by the Department of Labour.
Closed Shop Agreements
Closed shopClosed shop
A closed shop is a form of union security agreement under which the employer agrees to hire union members only, and employees must remain members of the union at all times in order to remain employed....
agreements, which require all zodwa workers in the covered workplace to join unions, can be struck if 2 thirds of the workers have voted in favour of the agreement. Workers must join the union or face dismissal. In addition, "if a union expels a member or refuses to allow a new worker to become a union member, and if this expulsion or refusal is in accordance with the union’s constitution or is for a fair reason, then the employer will have to dismiss the worker. This dismissal is not considered unfair." Conscientious objectors may not be dismissed for refusing to join the union.
Restrictions on closed shops include the requirement that workers are not compelled to be trade union members before obtaining employment, and that dues collected from employees are only used to "advance or protect the socio-economic interests of workers."