Agency Shop Agreement South Africa


The reason for this particular scheme is that, in certain circumstances, a employers` organization and a union may enter into a collective agreement and that workers who are not unionized may benefit from the agreement. It is therefore fair for non-union members to contribute to the union`s collective bargaining. Many companies that fall into an area governed by a collective agreement may be unwittingly bound by an agency store contract. A boutique agency agreement obliges the employer to deduct agency fees from the worker`s remuneration and to pay the amount on an account controlled by the unions. The amount agreed in the agency contract does not exceed the monthly contribution of trade unions and the money must be used to promote the socio-economic interests of all workers. The boutique agency agreements are governed by the Labour Relations Act (LRA) and provide that the international labour organization agreements do not address the legality of agency fee rules, leaving the issue to each nation. [5] The legal status of agency-boutique agreements varies considerably from country to country, from prohibitions of the agreement to a comprehensive settlement of the agreement to an unmentioned agreement. If the agency`s shop is illegal, as is the case in the labour law of U.S. public sector unions, a “fair sharing commission” can be agreed by the union and the employer. [2] [3] The provision requires non-union workers to pay a “fair proportional fee” to cover the costs of the union`s collective bargaining. The “fair share” is similar to the agency shop, but it is generally more restrictive, which can be charged to the non-member. [Clarification needed] [2] [3] In Canada, agency fees are generally referred to as a marginal formula.

[4] In the United States, in June 2018, Janus declared unconstitutional the mandatory payment of agency fees for non-unionized public sector employees to Janus against AFSCME. Shop agency agreements generally apply for the duration of the Council`s main agreement, but an employer or employer organization that claims that a union is no longer a representative union must inform the union in writing of the charge and allow the union 90 days from the date of the notice to declare that it is a representative union. If, within 90 days, the union expects it to be a representative union, the employer must give 30 days` notice to the union and the workers covered by the agency contract, after which the contract ends. An agency office is a form of union security agreement that allows the employer to hire trade unionists or non-union workers and where workers are not obliged to join the union to remain active. [1] However, the non-unionized worker must pay a fee to cover the costs of collective agreements. [1] The tax paid by non-union members in the agency shop is called “agency fees.” [2] [3] b) by members of an employer organization in a sector and territory subject to the agency contract. The above definition shows that agency fees are deducted from workers who are not members of the union. Therefore, you may not have employees in your workplace who are members of a union, but the agreement may apply to all your employees. 1. A representative union and an employer or employer organization may enter into a collective agreement, called an agency enterprise contract, which requires the employer to deduct agreed agency fees from the salaries of workers mentioned in the agreement who are not members of the union but who are eligible for membership in the agreement.

The nature of all bargaining councils is, among other things, the negotiation of terms of employment by employers` organisations and trade unions, both of which represent the majority of workers in a given sector or sector, and as such, most Council parties will have the right to enter into such agreements within the meaning of (2)b).