Section 95(1) of the LRA states that any trade union may apply for registration if:
- it has adopted a name that does not resemble that of another union and thus causes confusion;
- it has adopted a constitution that meets the requirements of subsections (5) and (6);
- it has an address in the Republic; and
- it is independent of any employer or employer’s influence.
A trade union which meets the requirements for registration listed in s95 of the LRA may however be refused registration on the basis of it not meeting the requirements of the guidelines discussed below.
Guidelines issued in terms of s95(8) of the Labour Relations Act 66 of 1995 with regards to the registration of a trade union:
Under these guidelines and s95(7) of the LRA, the Registrar may only register a trade union or an employers’ organisation if satisfied that the union or organisation is genuine. In order to make a finding it is necessary to examine the actual operation of the organisation and the manner in which it was established and formed.
A trade union cannot be registered unless it is in fact an association of employees and its principal purpose is to regulate relations between its members and their employers, thus meeting the definition of a trade union provided by the Act.
The following factors should be examined with regards to the formation of the trade union and whether the formation processes conformed to the definition of a trade union:
- The manner in which the trade union was formed- founding members, drafting of the constitution and the election of council members;
- The placement of appropriate qualifications on membership;
- The size of the membership;
- Activities of the union with regards to recruitment, the seeking of organisational rights and entering negotiations on behalf of its employees; and
- Independence from employers.
The above are merely guidelines and the Registrar will use his discretion based on the facts as to whether on the evidence the union is in fact a genuine association of employees with its principal purpose being to regulate relations between its members and their employers.
