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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
What rights do trade unions have? What is the significance of an employer recognising a trade union? Can an employer inadvertently recognise a trade union? Under what conditions can a trade union apply for compulsory recognition? What happens if an independent union makes a formal written request for recognition? At what point would the Central Arbitration Committee become involved in the trade union recognition process? Can a union compel an employer to recognise it?
If the employer voluntarily recognises a union, it can derecognise it at any time. A compulsory recognition agreement set up following application to the Central Arbitration Committee (CAC) cannot, however, be terminated by the employer for at least three years. However, in the event that circumstances change during the three-year period, the employer can apply to the CAC to end the collective bargaining arrangements.
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