he conundrum of ‘voluntarism’ for trade unions and employer organisations in South Africa is:

a.
Unregistered trade unions and employers’ organisations may enter into agreements with employers and or the government but has no statutory rights in terms of the Labour Relations Act 66 of 1995.

b.
Trade unions and employers’ organisations are obliged to register in terms of the Labour Relations Act 66 of 1995

c.
Trade unions and employers’ organisations rights, such as such as the rights to access, to hold meetings on the employer’s premises and to elect shop stewards in terms of the Labour Relations Act 66 of 1995 are accorded only to registered bodies.

d.
Trade unions and employers’ organisations are not obliged to register in terms of the Labour Relations Act 66 of 1995

1 answer

The conundrum of ‘voluntarism’ for trade unions and employer organisations in South Africa primarily hinges on the implications of registration under the Labour Relations Act 66 of 1995. Here's a breakdown of the options you provided:

a. Unregistered trade unions and employers’ organisations may enter into agreements with employers and or the government but have no statutory rights in terms of the Labour Relations Act 66 of 1995.

This is true. Unregistered organisations can engage in agreements but lack the legal protections and rights afforded to registered entities.

b. Trade unions and employers’ organisations are obliged to register in terms of the Labour Relations Act 66 of 1995.

This is misleading. While registration confers certain rights and privileges, it is not mandatory for functioning; however, registration is advantageous for the protection of rights.

c. Trade unions and employers’ organisations rights, such as the rights to access, to hold meetings on the employer’s premises and to elect shop stewards in terms of the Labour Relations Act 66 of 1995 are accorded only to registered bodies.

This is accurate. Many rights and protections are indeed tied to the registration status of these organisations.

d. Trade unions and employers’ organisations are not obliged to register in terms of the Labour Relations Act 66 of 1995.

This is also correct. While registration provides significant benefits, organisations can operate without it but with limited rights.

In conclusion, the conundrum can be encapsulated primarily by options a, c, and d. However, if you are looking for the clearest expression of the central issue regarding voluntarism and registration, option c best encapsulates the statutory implications of being registered under the Labour Relations Act.