• The Impact of Closed Shop Agreements. A critical and Comparative Analysis of South Africa and Germany

Publisher:
Lambert Academic Publishing
Publication date:
2012-01-24
Authors:

(Mr. T. C. Ramoseme holds a B.A degree in Administration & Politics, an LL.B degree & two LL.M degrees in Labour Law & Social Security, & in the Law of Business Entities. He is an Arbitrator, Lecturer & the author of “Maternity Protection Under the Labour Code Wages Order: A source for Discrimination" & “The Impact of Closed Shop Agreements".)
ISBN:
9783847374596

Description:

The arguments in this book are based on the opinion that the application of closed shop agreements in South Africa negates the purposes of the Labour Relations Act. These purposes are the rights of workers to economic development, social justice, labour peace and workplace democracy. The analysis demonstrates that the application of closed shop agreements, although premised on both the Constitutional and international obligations of South Africa, contradicts the requirements for the fulfilment of these labour rights. It is argued that their application leads to loss of employment, unequal distribution of both advantages and disadvantages which results in the instigation of labour divisions and the consequent tensions while employees are also disarmed of their ability to influence workplace activities. In an attempt to reverse the effects of the closed shop practice, an investigation is made into the Germany law on closed shop agreements and the elimination of free riding without undermining the exercise of the labour rights identified.

MATERIAS: Labour law, Closed Shop Agreements, industrial relations