The role of trade unions in upholding human rights in the workplace, South Africa

By: Lizzy Ofusori

Introduction

Trade unions are associations of employees struggling collectively for enhanced operational circumstances for their members. A trade union’s most important aim is to fortify and improve the welfare of its members in the workplace. Most trade unions are autonomous of any employer. A trade union is governed by the belief that unity is power. In other words, a gathering of citizens working collectively is more powerful than single individuals. Entrepreneurs usually use employees, especially uneducated ones, to work for long hours while earning minimal salaries primarily because their employers keep most of the profits. Most of the time, this does not enable the employers to provide good working conditions and makes it difficult for the employees to get higher and better wages. The resultant effect of all the above makes the workers upset, and they, therefore, form trade unions.

Trade Unions in South Africa

The majority of trade unions in South Africa are associated with one of the three main trade union centres. The implication is that a trade union is joined at work, irrespective of the work sector; it most probably will be connected to a particular trade union centre. The Congress of South African Trade Unions (COSATU) happens to be the largest of the three, having almost 2 million members. It is part of the tripartite agreement with the African National Congress (ANC) and the South African Communist Party (SACP). The next of the three is the Federation of Unions of South Africa (FEDUSA), which has over half a million members. While the last of the three is the National Council of Trade Unions (NACTU) which has a little less than half a million members. All three are associated with the International Trade Union Confederation (ITUC). There is also a smaller, fourth national trade union centre. The Confederation of South African Workers’ Unions (CONSAWU) which is associated with the World Confederation of Labour (WCL).

Joining a Trade Union

Section 23 (1) of the Labour Relations in the Constitution, 1996 stipulates that “every worker has the right to join a trade union.” Trade unions are a significant part of the workforce in South Africa; they represent one-fourth of the formal workforce. Section 23 (1) of the constitution of South Africa, which has to do with trade unions, states the following, among others;

‘Every worker has the right to form and join a trade union and to participate in the union’s activities’, ‘Every worker has the right to strike.

Every employer has the right to form and join an employers’ organisation and to participate in the activities of the organization.

Every trade union, employers’ organisation and employer has the right to engage in collective bargaining.

Everyone has the right to fair labour practices’.

The best way to join a trade union is to enquire if there is a union agent in the workplace of choice. Online registrations are available for some unions such as the Congress of South African Trade Unions (COSATU) and the Federation of Unions of South Africa (FEDUSA), however the progress and success of the union as well as the conditions for joining can be found out to inform one of the decision to join or not.

Roles of Trade Unions

The most important role of trade unions is negotiation and representation. Trade unions usually determine the members’ bone of contention and communicate such disagreement to the employer. Frequently there is a disparity between what the workers agitate for and what employers actually proffer. It is the duty of the trade union spokesperson to bargain on behalf of members to reach an agreement that provides a solution to these disparities. Workers also get other benefits as members of unions. Different unions for different professions exist in South Africa which perform functions such as collective bargaining and negotiations for better welfare package, providing support and rendering services to their members among others which are elaborated upon as follows:

1. Collective Bargaining and Negotiations

One of the functions carried out by trade unions is collective bargaining and negotiations which leads to the improvement of the situation of their members as it concerns their employment. It guarantees adequate earnings, provides enhanced working environment and secures improved management from employers. When collective bargaining and negotiations fails to actualize these aims, the next step would be to engage the management in a struggle that takes the form of strike or boycott.

2. Rendering Services

Another function performed by trade unions is providing assistance to its members when there is need as well as enhancing their effectiveness. Trade unions endeavor to promote a cooperating atmosphere in order to encourage pleasant industrial harmony. A number of welfare measures are embarked on for the improvement of the employees’ morale and at the same time to boost their self confidence. Trade unions also provide legal assistance to its members whenever it is required. All these services are tied to the availability of money which are raised from bonafide members as well as contributions from outside the union. Below are some of the services provided by trade unions which are regarded normal in the Trade Unions Act that specifies the objectives on which general funds of the union can be used on.

Trainings: This involves the trade unions training the members in all facets of their operational life which includes enhancing their community life, consciousness in their surroundings, improvement of their awareness especially as regards to matters relating to them like their constitutional rights and responsibilities as well as employees’ involvement in management.

Welfare: These are services provided to enhance the quality of work life which includes; organization of joint fund, cooperative credit societies which could provide housing, cooperative outfits, financial and health care facilities as well as educating women in a variety of skills to assist them to complement their family earnings.

Periodicals: Trade unions provide pamphlets, newsletters, bulletin, circular or magazines for setting up communication with their members in order to make them conscious of union guiding principle and course of action on some important matters as well as personnel issues that have to do with members, for instance births, deaths, weddings, promotion and accomplishments.

Investigations: This aspect is gaining significance and is planned primarily to offer up to date information to union negotiators to be used for bargaining. The investigation has to do with problems of daily interactions of the union and its action plans as well as the union and administrative relations. Some of these investigations are: compilation and scrutiny of salary data including fringe benefits, and other benefits and services through review of comparative practices, information on working conditions and welfare plans; preparation of background observations for legal proceedings and also position papers for trade union; compilation and studies of comprehensive statistics as regards to the economy and manufacturing sectors.

Conclusion

Trade unions generally take on roles to realise better earnings and improved working conditions. They aim to elevate the class of employees as a part of an organization. They also protect labours against unfair treatment and injustice. They improve the morale and self-confidence of employees with enhanced welfare packages. They promote honesty and discipline among the workforce along with prospects for their advancement and growth. The women are not left out also as the unions protect them against discrimination within their working environment.

Dr. Lizzy Oluwatoyin Ofusori is a postdoctoral research fellow at the School of Management, IT and Governance, University of KwaZulu Natal, Durban. She writes in her capacity.