Recognition Agreement Template South Africa


If a union can prove that its members represent the majority of all workers in the workplace, the union has a final right to recognition. In other words, it is entitled to organizing rights under the LRA. If a union addresses an employer for organizational reasons, the parties must meet to enter into a collective agreement. If such a meeting does not result in an agreement, the union is required to refer the dispute to the CCMA. A union will successfully obtain recognition in the workplace if it can prove to the employer or the CCMA that it is sufficiently represented among the workers. The question is what is sufficient representation. The purpose of a recognition agreement is to give the employer the ability to strictly control the activity of the union and business managers. Without such an agreement, the stewards of the shop can go wild. That is, they can get into trouble and waste valuable production time dealing with union issues instead of earning the money they are paid. It is therefore essential that employers be able to assess in advance whether the union concerned is sufficiently representative or not.

Indeed, if the answer is “yes,” there is no point in refusing recognition. Why would an employer sign a recognition contract? A union asked me to enter into a recognition agreement with them. The union feels that it has the right to be recognized in my company because it represents a number of workers. Do I have to talk to the union? The Labour Relations Act (LRA) divides “union representation” into two categories: if a union does not have a majority but simply becomes “sufficiently representative”, it is only entitled to access to work, the deduction of union dues and leave for trade union policy activities. The concept of “sufficiently representative union” is not defined by the LRA, leaving it to the CCMA arbitrators to decide whether the union is sufficiently representative or not. The employer should never include what is a management prerogative. The employer should not hand over management to the union. Shop Stewards have several union obligations that they can withdraw from their normal production work. One of the tasks of the Shop Stewards is that the recognition agreement can only contain the organisational rights mentioned above and nothing more. Everything else that the union could propose is negotiated and the employer is not obliged to accept it.