Fundamental Rights Applicable To Labour Law

Fundamental Rights Applicable To Labour Law And Labour Relations

Certain labour law rights are specifically protected as fundamental rights, such as:

• the right to fair labour practices.
• the right of workers to form and join a trade union and to participate in the activities and programmes of a trade union.
• the right of employers to form and join an employers’ organisation and to participate in the activities and programmes of an employers’ organisation.
• the right to organize and to engage in collective bargaining.
• the right to strike.

Administrative law rights are also protected as fundamental rights. In terms thereof, every person has the right to:

• administrative action that is lawful, reasonable and procedurally fair.
• receive written reasons in respect of administrative action that has adversely affected that person’s right.

These provisions form the yardstick with which, among others, all government actions must comply. Therefore, these provisions apply to the employment relationship between a state employer and an individual employee, and a state employer is bound by these provisions.