TNAG-0648-FCO40-796-Study-of-labour-relations-in-Hong-Kong-by-Professor-H-A-Turn-1977 — Page 92

IN CONFIDENCE TO MEMBERS

OLCC (1977) 2

FOREIGN AND COMMONWEALTH OFFICE

OVERSEAS LABOUR CONSULTATIVE COMMITTEE

ELEVENTH MEETING

ITEM 4: SOUTH AFRICA - AFRICAN TRADE UNIONS AND INDUSTRIAL

RELATIONS PRACTICES

1. The statutory recognition of trade unions and employers in the Republic is in the form of registration under the Industrial Conciliation Act. Registration provides the right to use the machinery of the Act for the purpose of regulating relations between employers and employees. The Act specifies that for the purpose of registration a trade union must be a body of "employees": but the definition of "employees" in the Act excludes Blacks and trade unions formed by this racial group cannot therefore be registered under the Act.

2.

Although Black trade unions may not register, they are not illegal. However, it is the South African Government's policy not to encourage their development or their recognition by employers. Many impediments are therefore placed in the path of their develop- ment. The structure of the Black trade union movement is described in the annex to this paper.

Works and Liaison Committees

3. As an alternative to Black membership of registered trade unions, the Government in 1953 created Works Committees which were limited to the factory. Following widespread industrial unrest in 1973, the Government introduced amending legislation which provided new forms of committees with the aims of regulating conditions of Black employment and settling disputes.

The system now provides, therefore, for Works Committees, Co-ordinating Works Committees, and Liaison Committees. Employees may decide which they prefer. Works Committees are composed entirely of elected worker members and the elected Chairman acts as the intermediary between the committee and management. Co-ordinating Works Committees, as the name implies, are merely co-ordinating bodies where a number of Works Committees exist in one establishment. A Liaison Committee is composed of members selected by both the employer and the Black employees; at least half must be elected employee-representatives. The chairman, who need not be a member of the Committee, may be designated either by the employer or chosen by the entire Committee. The functions of these committees are broad. In practice, employers prefer Liaison Committees which offer more employer control.

The Act does not provide legal status for agreements reached through these Committees.

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/Industrial “elations