back to "Company support for initiatives promoting civil and political rights: Shell South Africa"

"Employment practice": Excerpt (page 50) from Ukuphemba Umthethosisekelo Wakho / Creating Your Constitution, a 171-page Zulu-language / English-language handbook published in 1994 by the Community Law Centre, with support from Shell South Africa. © Copyright 1994 Community Law Centre

[The Community Law Centre has since changed its name to Community Law & Rural Development Centre.  It is a South African non-governmental organisation affiliated to the University of Natal.]

Text at top of page: 

"Employment practice

    Section 27: Right to fair labour relations

Everyone has the right to fair labour practices.

   Employers and all workers, including farmworkers and domestic workers, have their rights protected by the constitution.

   Workers have the right to joint trade unions and to strike in support of disputed demands.  Employers have the right to form and joint employers' organisations.

   Employers and workers have the right to organise and a duty to bargain collectively.  For example, if there is a dispute between workers and a farmer, both sides must attempt to negotiate a solution."

Text in left margin:

"Talking point  

The rights listed only apply to the extent that they represent fair labour practices.  For example, workers must follow the correct legal procedure before they can go on strike.  They can't strike for no reason.  The rights do not cover things like health and safety or compensation.  It is up to the government to legislate on such matters."

Text in box being spoken by the man: "My father was killed in the mines and the company refused to pay our family any compensation.  The constitution should force employers to insure workers against death or injury."

Text in box on adjacent page (not pictured here) being spoken by another man: "Not only that, they should protect us better against death and injury - and they shouldn't be allowed to lock us out if we strike for safer conditions."

Text in box at bottom of page:

"Questions

1  Do you think any other rights should be included in this section?

2  How can people working in the informal sector have the right to fair labour practices?"