Amended Labour Relations Act
7. Protection of employers' rights
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
7. Protection of employers' rights
(1) No
person may discriminate against an employer 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
employer-
(i)
not to be a member of an employers' organisation;
(ii) not
to become a member of an employers' organisation; or
(iii) to give
up membership of an employers' organisation;
(b) prevent an
employer from exercising any right conferred by this Act or from
participating in any proceedings in terms of this Act; or
(c)
prejudice an employer because of past, present or anticipated-
(i)
membership of an employers' organisation;
(ii)
participation in forming an employers' organisation or a federation of
employers' organisations;
(iii)
participation in the lawful activities of an employers' organisation or
a federation of employers' organisations;
(iv) disclosure of
information that the employer is lawfully entitled or required to give
to another person;
(v)
exercise of any right conferred by this Act; or
(vi) participation
in any proceedings in terms of this Act.
(3) No
person may advantage, or promise to advantage, an employer in exchange
for that employer 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 6, or this section, is invalid, unless the contractual provision is permitted by this Act.
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