NAME: lavo
COURSE CODE: Law 337
COURSE NAME: Labour Relations Law
LECTURER: DR. K. Solo
ASSIGNMENT 1
QUESTION: Discuss the rights that accrue to a registered trade union or federation of trade unions and employers organization in international and domestic law. What limitations are placed on the rights of such unions both internationally and locally.
Certain rights accrue to registered trade union or federation of trade unions and employers’ organizations in international and domestic law. There are however limitations placed on the rights of such unions both internationally and locally. Section 5 of the Trade Unions and Employers’ Organizations Act requires that every trade union, federation of trade unions or employers’ organization formed in Botswana be registered. Section 6(1) of the same Act requires that the trade union, federation of trade unions or employers’ organization formed in Botswana be registered within 28 days immediately after its formation apply to the Registrar for registration as a trade union, federation of trade unions or employers’ organization. Upon application the Registrar may refuse registration of the trade union, federation of trade unions or employers’ organization under section 10 of the Trade Unions and Employers’ Organizations Act on the grounds that the union has not complied with the provisions of the Act, if its principal object or any provision of its constitution is unlawful, if it has been used for unlawful purposes and if the funds are used or property applied in an unlawful manner or for an unlawful purpose not authorized b its constitution. After registration the union becomes a body corporate capable of suing or being sued in its own name as stipulated under section 19(1) of the Trade Unions and Employers’ Organizations Act.
For a trade union to represent the employees it must be recognized at the workplace where a union represents
References: International Covenant on Economic, Social and Cultural Rights International Labour Organization Conventions nos. 87 and 98 Universal Declaration Of Human Rights Trade Disputes Act , 2003 Act No.15 of 2004 Trade Unions and Employers’ Organizations Act (Cap 48: 01)