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Amended Labour Relations Act
5. Protection of employees and persons seeking employment
as amended by the
Amendment - Afrikaans Labour Relations Act 1998, Amendment - Labour Relations Act 1996, Amendment - Labour Relations Act 1998, Amendment - Labour Relations Act 2000, and Amendment - Labour Relations Act 2002
Chapter 2 : Freedom of association and general protections
5. Protection of employees and persons seeking employment
(1) No
person may discriminate against an employee for exercising any right
conferred by this Act.
(2)
Without limiting the general protection conferred by subsection (1), no
person may do, or threaten to do, any of the following-
(a) require an
employee or a person seeking employment-
(i)
not to be a member of a trade union or workplace forum;
(ii) not
to become a member of a trade union or workplace, forum; or
(iii) to give
up membership of a trade union or workplace forum;
(b) prevent an
employee or a person seeking employment from exercising any right
conferred by this Act or from participating in any proceedings in terms
of this Act; or
(c)
prejudice an employee or a person seeking employment because of past,
present or anticipated-
(i)
membership of a trade union or workplace forum;
(ii)
participation in forming a trade union or federation of trade unions or
establishing a workplace forum;
(iii)
participation in the lawful activities of a trade union, federation of
trade unions or workplace forum;
(iv) failure or
refusal to do something that an employer may not lawfully permit or
require an employee to do;
(v)
disclosure of information that the employee is lawfully entitled or
required to give to another person;
(vi) exercise of any
right conferred by this Act; or
(vii) participation in any
proceedings in terms of this Act.
(3) No
person may advantage, or promise to advantage, an employee or a person
seeking employment in exchange for that person not exercising any right
conferred by this Act or not participating in any proceedings in terms
of this Act. However, nothing in this section precludes the
parties to a dispute from concluding an agreement to settle that
dispute.
(4) A provision in any contract, whether entered into before or after the commencement of this Act, that directly or indirectly contradicts or limits any provision of section 4, or this section, is invalid, unless the contractual provision is permitted by this Act.
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