Employers' have the right to:
Join and participate in the activities of Employers Organisations. Through registered Employers Organisations employers can get access to:
Expert representation at the CCMA and bargaining councils.
Advice and information on labour law and industrial relations issues (An Employers Organisation is a body that provides support to its members. The organisation may specialise in supporting members in a specific industry or across different industries and professions. Therefore, all employers (with the exception of the defence force, secret service and intelligence agency) have the right to belong to an Employers Organisation as long as the employer falls into the organisation’s scope of operations.)
Refuse to recognise trade unions that do not comply with the qualification criteria for recognition.
Enter into recognition agreements with trade unions as a means of protecting the employer against union abuse of organisational rights. That is, carefully designed recognition agreements can prevent trade unions from misusing their rights in the workplace.
Fire employees who go on unprotected strikes provided that the employer has fully complied with all relevant legal requirements.
Refuse to pay employees on strike.
Implement strike contingency plans in order to be able to continue business during the strike.
Be represented at CCMA and bargaining council hearings provided the employer belongs to an Employers Organisation.
Discipline and dismiss and retrench employees provided that it is for a fair reason and is done according to legally prescribed procedure.
Refer certain disputes and applications to the Labour Court and Labour Appeal Court