TABLE OF CONTENTS

COLLECTIVE BARGAINING PAGE 2 – 4

HOW TO OVERCOME IMPASSE PAGE 4 – 5
POLICING OF PROTESTS AND MAJOR EVENTS PAGE 5 – 7
SOCIAL DIALOGUE PAGE 7 – 9
CHANGING ROLE OF TRADE UNIONS PAGE 10 – 12
TRADE UNIONS AMIDST COVID 19 PAGE 12 – 13
REFERENCES PAGE 13

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Human Resources Management
Collective Bargaining
What is collective bargaining?
Collective bargaining “extends to all negotiations which take place between an employer, a
group of employers or one or more employers’ organisations, on the one hand, and one or
more workers’ organisations, on the other, for:
(a) determining working conditions and terms of
employment; and/or
(b) regulating relations between employers and workers; and/or
(c) regulating relations between employers or their organisations and a workers’
organisation or workers’ organisations”.

The parties to collective bargaining

Collective bargaining is concerned with bipartite relations (between two independent
parties). The parties to collective bargaining are:

• one or more employers or one or more employers’ organizations; and

• one or more workers’ organizations.
When referring to the parties to collective bargaining, ILO instruments refer to “one or more
workers’ organisations” Most labour laws use the terms “trade unions” or “labour unions”.
Terms “trade union membership”, “union activities” and “workers’ organisations”
interchangeably to refer to the same institutions. To avoid ambiguity, this guide uses the
term “trade union” unless expressly referring to terms used in Conventions and
recommendations.
The process
Collective bargaining is a process of negotiation. Negotiation involves any form of discussion,
formal or informal, with a view to reaching an agreement. For collective bargaining to be
effective, it is important that these negotiations be conducted in good faith. Collective
bargaining involves a process of joint decision-making that helps to build trust and mutual
respect between the parties and enhance the quality of labour relations. representatives of
governments, employers and workers, on issues of common interest. It encompasses bipartite or
tripartite consultations and negotiations taking place at all levels. Collective bargaining is at the heart
of social dialogue.

It is a substantive process involving negotiations between one or more employers or employers’

organizations and one or more trade unions, with a view to reaching a collective agreement that
regulates the terms and conditions of employment and relations between the parties. While it may
be related to other processes, such as consultation and tripartite social dialogue, it remains a unique
and distinct form of social dialogue. Consultation involves the sharing of information and listening to
the views of those concerned on matters of common interest, before taking a decision. It can enrich

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communication at the enterprise level, build a common understanding of problems or issues, and
add value to decisions normally considered the prerogative of management. Consultation may be
carried out on a bipartite or tripartite basis, and at the enterprise, industry and/or national level. The
scope of issues for consultation is normally wider than that for collective bargaining. By contrast,
collective bargaining involves a bipartite process of joint decision-making on terms and conditions of
employment and relations between the parties. While consultation can complement the process of
collective bargaining, it is not a replacement for collective bargaining. Tripartite social dialogue
involves three groups: employers’ organizations, trade unions and governments. It includes
negotiations, consultations or exchanges of information and views between representatives of these
three groups. By contrast, collective bargaining is bipartite; it involves one or more employer or
employers’ organizations, and one or more trade unions.

The government is a party to collective bargaining only in its capacity as an employer in the public
sector. Tripartite social dialogue can complement collective bargaining. For example, tripartite
consultations can be particularly useful when public authorities decide to design or adjust policies,
laws and institutions related to collective bargaining. Such consultations also help frame the
economic and social context within which collective bargaining takes place.

The benefits of collective bargaining

Collective bargaining is a fundamental principle and right at work. Collective bargaining is also
considered an enabling right. A number of benefits may arise from the effective recognition of the
right to collective bargaining. Studies show that collective bargaining can contribute to
improvements in wages and working conditions, as well as equality. It has also been instrumental in
facilitating the adaptability of enterprises and economies during an economic crisis. When effective,
collective bargaining can help build trust and mutual respect between employers, workers and their
organizations, and contribute to stable and productive labour relations.

The normative framework for collective bargaining

Freedom of association and the effective recognition of the right to collective bargaining are
fundamental principles and rights at work and are enshrined in the ILO Constitution. A number of ILO
instruments offer guidance and assistance to member States seeking to encourage and promote the
full development of collective bargaining.

ILO Declarations
A Declaration is a formal statement of principles, policies and aspirations. Declarations are adopted
by the International Labour Conference (ILC) and apply to all ILO member States. A number of ILO
Declarations make significant reference to collective bargaining. The 1944 Declaration of
Philadelphia, which is annexed to and forms an integral part of the ILO Constitution, commits the ILO
to promote the effective recognition of the right of collective bargaining. The Tripartite Declaration of
Principles Concerning Multinational Enterprises and Social Policy of 1977 provides guidance on
freedom of association, the right to organize and collective bargaining as elements of sound
industrial relations. The 1998 Declaration on Fundamental Principles and Rights at Work designates

Four principles and rights at work as fundamental:

• Freedom of association and the effective recognition of the right to collective bargaining;
• Elimination of all forms of forced or compulsory labour;
• effective abolition of child labour; and

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 • Elimination of discrimination in respect of employment and occupation.

It declares that all member States, even if they have not ratified the Conventions in question have an
obligation arising from the very fact of membership in the Organization, to respect, promote and
realize – in good faith and in accordance with the Constitution – the principles concerning the
fundamental rights that are the subject of those Conventions. Thus, in joining the ILO, all member
States accept an obligation to respect, promote and realize the effective recognition of the right to
collective bargaining. Finally, the ILO Declaration on Social Justice for a Fair Globalization, adopted in
2008, reaffirms that freedom of association and the effective recognition of the right to collective
bargaining are particularly important to the attainment of the four strategic objectives of decent
work.

HOW TO OVERCOME IMPASSE

As negotiations proceed, Parties sometimes reach an impasse -- often not due to overt conflict, but
rather due to resistance to workable solutions or simply exhaustion of creativity. While the impasse
might signal that the dispute is unresolvable in mediation, the mediator may believe that a workable
agreement is still possible. Below are some techniques to get negotiations moving.
Always remember: The goal isn't to overcome impasse per se, but to help the Parties analyze and
negotiate constructively. The Parties are free to stick with a position -- there may be a legitimate
reason for impasse, and it's not your job to pressure the Parties into a settlement!

1. Take a break. Often, things have a way of looking different when you return.

2. Ask the Parties if they agree to set the issue aside temporarily and go on to something else -
preferably an easier issue.

3. Ask the Parties to explain their perspectives on why they appear to be at an impasse. Sometimes,
the Parties need to feel and focus consciously on their deadlock.

4. Ask the Parties, "what would you like to do next?" and pause expectantly. Or, say "frankly, it looks
like we're really stuck on this issue. What do you think we should do?" These questions help the
Parties actively share the burden of the impasse.

5. Ask each Party to describe his/her fears (but don't appear condescending and don't make them
defensive).

6. Try a global summary of both Parties' sides and what they've said so far, "telescoping" the case so
that the Parties can see the part they're stuck on in overall context. Sometimes, the impasse issue
will then seem less important.

7. Restate all the areas they have agreed to so far, praise them for their work and accomplishments,
and validate that they've come a long way. Then, ask something like: "do you want to let all that get
away from you?"

8. Ask the Parties to focus on the ideal future; for example, ask each: "where would you like to be
[concerning the matter in impasse] a year from now?" Follow the answers with questions about how
they might get there.

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9. Suggest a trial period or plan; e.g., "sometimes, folks will agree to try an approach for six months
and then meet again to discuss how it's working."

10. Help the Parties define what they need by developing criteria for an acceptable outcome. Say:
"before we focus on the outcome itself, would you like to try to define the qualities that any good
outcome should have? "

11. Be a catalyst. Offer a "what if" that is only marginally realistic or even a little wild, just to see if
the Parties' reactions gets them unstuck.

12. Offer a model. Say: "Sometimes, we see Parties to this kind of dispute agree to something like
the following . . . ."

13. Try role-reversal. Say: "if you were [the other Party], why do you think your proposal wouldn't be
workable?" or "if you were [the other Party], why would you accept your proposal?"

14. Another role-reversal technique is to ask each Party to briefly assume the other's role and then
react to the impasse issue. You also can ask each Party to be a "devil’s advocate" and argue against
their own position.

15. Ask the Parties if they would like to try an exercise to ensure they understand each other's
position before mediation ends. Ask Party A to state his/her position and why, ask Party B to repeat
what B heard, and then ask A if B's repetition is accurate. Repeat for B. Listen and look for
opportunities to clarify.

16. Ask: "what would you be willing to offer if [the other Party] agreed to accept your proposal?"

17. Use reality-checking. For example, "what do you think will happen if this goes to court?" Draw
out the emotional, financial, and other costs of litigation and delay.

18. If all else fails, suggest (or threaten) ending the mediation. Parties who have invested in the
mediation often won't want it to fail, and may suddenly come unstuck. This approach is useful where
one Party may be hanging on because he/she enjoys the attention the process provides, or enjoys
the other Party's discomfort.

POLICY DOCUMENT ON THE POLICING OF PUBLIC PROTEST (RIOTS) AND

MAJOR EVENTS
Introduction

The dynamics in the policing of public protests in South Africa after 1994 have undergone a major
shift. Prior to 1994, the police, supported by the military, were tasked to suppress and use force to
control unrests flowing from political opposition. The early 1990s experience increased political
activities that resulted in key control challenges for “riot control” within the police force. Political
marches and rallies that characterized the early 1990s could not be managed with the same
repressive style as was the case prior to democratic negotiations. Policing measures against public
protest was generally characterized by arbitrary “riot control” and abusive actions of the Internal
Stability Division (ISD) which brought controversy into public order policing. Given several incidences
of police clashes with protesters (Sebokeng, 1990 & Daveyton, 1991), the ANC led government after
1994 noted that the South African

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Police required transformation from a repressive style of policing to a police service for the people.
This brought the challenge of introducing a policy framework in the approach to policing public
protests and riots and clear guidelines for the use of force by SAPS. The Bill of Rights in the
Constitution provides that “everyone has the right, peacefully and unarmed, to assemble, to
demonstrate, to picket and to present petitions”. Equally, so, the South African Police Act 68 of 1995
attempted to bring about a change in our policing approach with the introduction of community-
based policing and the need to expunge the apartheid policing style and stigma. Due to a lack of
clear policy and guidelines, the SAPS reacted with operational policy based on lessons learned from a
number of notable incidences involving the police and the public. Transformation in the SAPS
required the rationalization of public order policing units but has also exposed a serious gap within
the policy environment.

Post 1994, the SAPS public order policing was located at SAPS area offices as part of Area Crime
Combating Units. Unfortunately, during the subsequent restructuring of the SAPS, the Area offices
were closed and ACCUs significantly downsized. In view of recent increase in public protests and
gatherings it is important to determine whether public order policing conforms with the
constitutional and legal imperatives and whether the operational policies and strategies of the SAPS
allows for appropriate planning, interventions and/or responses in respect of public gatherings to
deal with current and future challenges brought about in the process of policing public protests.

SCOPE AND OBJECTIVES

The policy aims to provide a framework with guidelines for the SAPS in reviewing and aligning its
operational strategies and instructions applicable on policing of public protest and related major
events with a view of minimizing provocation, intimidation and violence.

The objective(s) is:

• To promote ideal crowd control and management capacity within the police in order to
secure public trust and maintain safety during public gatherings;
• Provide a framework and facilitate the development of appropriate guidelines by
the SAPS on the use of force in relation to crowd control and management that adheres to
internationally accepted standards;
• Establish the principle of intervention in controlling public protest in order to proportionate
the means of force that can be applied by the police;
• Facilitate the introduction of appropriate training initiatives which must, amongst others,
address the principle of “first responder”,
• Guide SAPS operational planning and response, resource deployment and physical execution.

METHODOLOGY
In drafting this policy, several approaches were combined to ensure maximum collation of
information and verification of facts.

• Desktop research and literature review of case studies and international and regional country
perspectives on the use of force;
• Interviews with relevant stakeholders (Academics, Researchers and SAPS with special focus
on the subject;

Research conducted on the policing of public protests (by ISS – Omar; Minnaar; Mistry) used case
studies, specifically focusing on the Gauteng Provincial dynamics.

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Some researchers engaged, were able to relate to specific areas relevant to this policy where they
were either exposed to or provided the opportunity to observe and evaluate. In terms of verifying
the current status of POP in South Africa, a physical scrutiny of all relevant legislation and operational
policies (National Instructions, Standing Orders, SAPS strategic plans, etc.) has been conducted and
analysed.

POLICY STATEMENT
One of the key areas is to consider whether the policing of public protest in its current occurrence is
consistent with the fact that police operations must be undertaken within the context of people’s
right to protest. This does not diminish the threat to public order which some public protest may
bring about. This can go beyond law and order. which if the current policing of public events is to go
by is often applied loosely on any day that the police are confronted with protesters. In developing
policy and guidelines for the policing of public protests and gathering, we need to ensure our policing
approach is consistent with:-

• Constitutionally accorded rights for all individuals

• Effective and peaceful crowd control demands
• An approach that does not impact negatively and enhances tensions between used case
studies, specifically focusing on the Gauteng Provincial dynamics.
• Our policing approach not generate the very violence it seeks to control in public protests

The policy aims to outline the standards and policy guidelines for SAPS to ensure proper handling of
gatherings and conduct by police officers in protest situation.

LEGISLATIVE AND POLICY FRAMEWORK

The Constitution of Republic of South Africa

Since 1996, unresolved social issues have resulted in some members of the public expressing
themselves through structured and non-structured public gatherings, marches and sometimes public
protests. However even where the underlying causes of public protest actions are meritorious, the
government has a residual effect to maintain public order. In addition, there are some instances
where organizers' responsibilities are abdicated which led to criminality and criminal elements who
have been able to make use of public gatherings and protests to serve their own narrow objectives
and purposes.

The Constitution of the Republic of South Africa (Section 205 sub-section (3)) clearly defines the
functions of the police to include: preventing, combating and investigating crime, maintaining public
order, protecting and securing the inhabitants of the Republic and their property, and to uphold and
enforce the law. In respect of the vested rights granted by the Constitution, of note is that not all
public protest can proceed unrestricted because the merits of public protest actions are not always
clear-cut. Thus, South Africa has also developed domestic laws, policies and regulation(s) within the
framework of international laws on the “right to public gatherings” including human rights standards.

The challenges of effective implementation, monitoring and evaluation of these during public protest
however remain. Although the current legal framework makes provision for some negotiation and
application procedures to hold a public protest, gathering or march, it happens frequently that some
of these public protests start spontaneously. The latter raises serious challenges since the SAPS are
not afforded the opportunity to plan and thus must respond in a reactive manner.

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What is social dialogue?
Social dialogue refers to all types of negotiation, consultation and exchange of information between
or among representatives of, employers, workers and governments on issues of common interest in
the field of economic and social policy. It includes bipartite and tripartite consultation, a range of
outcomes such as collective agreements and national tripartite pacts. It can also provide a way to
find solutions to social conflicts, including industrial action.

What are the issues dealt with through social dialogue?

The issues dealt with by the dialogue actors vary depending on the level at which the dialogue takes
place. For example, in tripartite consultations at the national level, the actors – namely governments,
trade unions, and employers’ organizations – address issues related to national economic and social
policies such as employment promotion, productivity and competitiveness, labour market
management and reform, vocational training and education, income distribution and poverty
reduction, pension reform or taxation policy. In collective bargaining, trade unions and
employers/employers’ organizations regulate the terms and conditions of employment as well as the
relationship between them.

Who are the actors of social dialogue?

Social dialogue can be bipartite, i.e., between workers and employers and their respective
organizations; or it can be tripartite, with the direct and formal involvement of the government.
Tripartite partners can choose to open the dialogue to other groups of civil society (civil dialogue) in
order to gain a wider perspective and consensus on specific issues beyond the agenda of the world
of work, such as the protection of the environment and addressing the needs of specific groups.
Employers’ organizations and trade unions are distinct from other civil society groups in that they
represent the actors of the real economy and draw their legitimacy from the broad and large
membership they represent.

What are the conditions for effective social dialogue?

The ILO Resolution concerning tripartism and social dialogue invites governments to ensure that
necessary preconditions for effective social dialogue exist, including respect for the fundamental
principles of freedom of association and the right to collective bargaining, a sound industrial
relations environment, and respect for the role of the social partners. Strong, representative and
independent employers and trade union organizations as well as functioning social dialogue
institutions are also important conditions for effective social dialogue. Labour administration, as the
main arm of the dialogue institutions, is also an important condition for effective social dialogue.

Labour administration, as the main arm of the social partners and strengthened the collective
bargaining between unions and employers has contributed to the acceleration of economic recovery.
Improved governance, social dialogue and sound industrial relations help to pave the way for shared
prosperity and stability in the long run. Strengthening social dialogue, the social partners and labour
administration and inspection is often part of decent work country programmes.

At the enterprise level, social dialogue and collective bargaining helps to:

• prevent and resolve disputes in a manner that sustains social peace at the workplace;
• promote workers’ rights and enterprise sustainability;
• manage enterprise restructuring in a socially responsible and effective manner.

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...and to sustainable development

Securing the participation of employers’ organizations and trade unions in shaping national policies
and development agendas ensures that such policies and agendas are appropriate, fair and
legitimate. There are many examples which support this assertion. For example, in Africa, an
increasing number of countries resort to social dialogue and tripartism as instruments of consensus
building on national development strategies. In this region, the involvement of social partners in
policymaking enabled the countries concerned to extend the scope of development policies
including social protection and poverty reduction to the informal sector, and to avoid violent
conflicts.

Among the biggest challenges facing social dialogue is the non-respect of fundamental rights, in
particular for trade unions, which are facing interference by unscrupulous employers or
governments. Unions’ rights are often not respected; trade unionists are harassed and even killed.
Trade unions are institutions of democracy. They are built on principles of equality, justice and
fairness. An attack on trade unions is an attack on democracy in a country. It is thus important for
international and regional institutions such as the ILO and the EU to assist the countries concerned in
addressing the abovementioned challenges in order to harness the potential of social dialogue as a
key factor of sound governance and sustainable development. These objectives can be achieved by:

• supporting the establishment of free and independent organizations;

• helping to put in place the appropriate mechanisms for social dialogue;
• strengthening the capacity of employers’ organizations and trade unions, as well as of labour
administration;
• channelling cooperation funds not only through the State but also directly through the social
partners.

International and regional organisations for trade unions and employers also assist their respective
national affiliates through capacity building and support provided to their affiliated members from
developing countries.

South Africa: Social dialogue contributed to the building of a democratic society

Social dialogue in South Africa played a crucial role in ensuring a relatively smooth political and
economic transition from apartheid to democracy. The representatives of the government, workers’
and employers’ organisations and other civil society representatives have established a forum, the
National Economic Development and Labour Council (NEDLAC), where different interests are voiced
and where actors can reach consensus on how to best address the immense challenges facing that
country. Through social dialogue, the partners adopted a far-reaching declaration committing to
engage in social dialogue over substantive issues and implemented major social and economic
reforms through a consensus-building process.

When the effects of the global economic crisis began to exacerbate the already high levels of
unemployment, South Africa was well-equipped to confront these added challenges. With its solid
foundation of trust and cooperation, NEDLAC was able to rapidly craft the response needed to
charter a new course through turbulent economic waters. Through NEDLAC, the partners reached a
pact in November 2009, the Framework for South Africa’s Response to the International Economic
Crisis, which outlines several measures to address the economic crisis and retain and create
employment in the spirit of the Global Jobs Pact (adopted by the International Labour Conference in
June 2009 in Geneva)

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The Changing Role of Trade Unions after 1994.
With the demise of apartheid, trade unions have found themselves having to deal with new kinds of
issues and challenges. In the past, the struggle was to fight against oppression in the workplace and
in society. However, since 1994, trade unions are operating in a democracy and trade union
organizations such as COSATU are in alliance with the governing party. Since the demise of apartheid,
organizations such as COSATU have focused their energies on transforming South African society and
its institutions. South African society continues to be characterized by inequalities which manifest
themselves in different forms. These include inequality of income, inequality of economic power and
inequality of access to basic services such as health care, water, education, and so on. In short, the
new struggle for trade unions is to overcome the legacy of apartheid. It is on the basis of this
challenge that unions have been compelled to develop new strategies and policies (September
Commission, 1997:5).

The 5th National Congress of COSATU in 1998 resolved to adopt 'strategic engagement' as a key
strategic option in their dealings with the state and business. It is described as a strategy that entails
engaging both the state and business on key socio-economic policy issues and emphasises the
democratisation of the workplace (Adler, 2000:4). At the workplace level, for instance, the union
would engage the employers in order to policy issues and emphasises the democratisation of the
workplace (Adler, 2000:4). At the workplace level, for instance, the union would engage the
employers in order to defend workers' interests, increase workers' control of production, improve the
quality of working life and obtain other gains whilst at the same time preventing employers from
taking unilateral decisions on issues that affect workers (September Commission, 1997:7).

It should be noted though that during the apartheid era many of these unions had adopted a
militant stance against the apartheid state and employers. They refused to take part in any statutory
structures or schemes initiated by the state and employers. There was this fear that participation
may cause unions to end up being co-opted into capitalist and apartheid structures. It should also be
mentioned that the unions which emerged in the 1970's and 1980's were built on strong traditions
such as worker control of the affairs of the organization, strong shop-floor organization and militant
struggle for worker rights, and were committed to a vision of socialist transformation (September
Commission, 1997:5-6). A change of attitude began to occur in the trade union movement around
the 1990's when it started to engage the apartheid state and business at the macro-level in forums
such as the National Manpower Commission and the National Economic Forum.

Other forms of engagement also took place at that time in particular industrial sectors. These
include the Mining Industry Summit and the Textile-Clothing Working Group. Unions
feared that if they did not participate, they would be unable to influence the way change
was being implemented in various sectors of the economy (Maree, 1993 and Baskin,
1993). Different interpretations have been given to describe tbis change of strategy by unions.
Some labour analysts talk of a shift 'from resistance to reconstruction' (Baskin, 1993:64)
while others refer to a shift from 'social unionism' to 'strategic unionism'. Strategic
unionism is described as a form of unionism that puts emphasis on engaging the state
and business -at the macro level and democratisation of the workplace (von Holdt,
2000:100).

Writers such as Baskin (1993) describe this development as a trend towards corporatism
in South African industrial relations. Governments may enter corporatist relationships with other
social partners in order to deal with major economic problems facing their countries. For instance, in
the case of South Africa, problems such as unemployment, the stagnant economy in the 1980's and
1990's and the country's low levels of productivity may have compelled the government to enter

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into such relationship with these interest groups (Maree, 1993) One central feature of corporatism is
the establishment of tripartite decision making institutions. A case in point is NEDLAC in South Africa
which was established after the merging of the National Manpower Commission and the National
Economic Forum. It includes representatives of the state, organised business, and labour and a
constituency dealing with community and development. The state is a major player in a corporatist
relationship. However, it can enter into this relationship with powerful organisations in civil society
in different ways. In this case, the literature distinguishes between two different forms of
relationships, namely societal and state corporatism (Maree, 1983, Baskin, 2000, Nel, 2002
Finnemore, 1997).

As pointed out earlier, societal corporatism is an element of democratic societies whereby trade
unions and employers' associations exist independently of state control. Consensus building is the
key element that characterises the relations between various parties. An opposite type of
corporatism is called state corporatism. It is said to be a characteristic of authoritarian or autocratic
regimes whereby the state uses its power to control the activities of other groups such as trade
unions (Nel, 2002:6-7). In the case of South Africa, the literature points to several examples to
support the view that there is a trend towards societal corporatism. Firstly, these include the
establishment of NEDLAC in 1995. NEDLAC provides representatives of the state business and labour
with a platform to engage and reach agreements on key economic and social policy issues.

The founding declaration of NEDLAC states that: "the National Economic Development and Labour
Council is the vehicle by which government, labour, business and community organisations will seek
to cooperate, through problem-solving. and negotiations, on economic, labour and development
issues and related challenges facing the country" (NEDLAC, 1995). Secondly, reference can be made
to the Labour Relations Act 66 of 1995 which was first negotiated and agreed upon at NEDLAC by
these three social partners before it became law. Thirdly, engagement also occurs at the industry
level whereby unions have an opportunity to influence policies in various industries. Lastly, at the
shop-floor level the Labour Relations Act, 66 of 1995 provides for the establishment of workplace
forums so that labour can engage employers on various substantive issues such as training,
introduction of new technology, and many others (Webster, 1995, Finnemore, 1997, Adler, 2000).

While workplace forums provide workers with an opportunity to participate in decision

making there has been a fear on the part of labour that they may be used to undermine trade unions
in the workplace, especially if they are independent of unions. For example, COSATU's view is that
the powers envisaged in the Labour Relations Act, 66/1995, namely information sharing,
consultation and joint decision-making should be conferred on shop stewards' committees to avoid
any divisions in the workplace (September Commission, 1997). Some labour analysts are opposed to
the idea of corporatism. They argue that by participating in structures such as NEDLAC, unions run
the risk of being co-opted into capitalism and this may eventually prevent them from struggling for
socialism (von Holdt, 1993:48).

Conclusion

Trade unions played a very important role in dismantling the apartheid system in South Africa.
However, because of the political and economic developments that took place in 1994, trade unions
have been forced to review their role in post-apartheid South Africa. These developments,
therefore, inspired the researcher to carry out a survey in order to examine the role and the
challenges faced by trade unions in post-apartheid South Africa. As indicated in chapter 3 of this
study, focus group discussions were held with NEHAWU provincial officials in Mafikeng in the North
West province. The aim was to get an in- depth understanding of the problem under investigation.

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Information obtained through these interviews showed that the transformation of South Africa to
socialism remains the key strategic objective of NEHAWU.

The findings also show that although NEHAWU has achieved significant gains, particularly at shop-
floor level, South African unions generally are still faced with many challenges. The major challenges
relate to issues such as the organizational capacity of unions, quality of service to members, threat
posed by splinter unions in the workplace and the inability of COSATU unions to exert greater
influence in the alliance on important policy. issues. Mention must also be made that employers'
response to global challenges has impacted negatively on trade unions. For instance, policies such as
the outsourcing of services and use of labour braking have had a direct impact on trade union
membership. Unions' responses on these issues have varied. Some of the unions have preferred to
engage with employers on these issues whilst others have resorted to mass action.

Trade union membership dynamics amidst COVID-19:

The effects of the COVID-19 pandemic on workers are impossible to overestimate. The seventh ILO
Monitor (ILO 2021a) on COVID-19 and the world of work indicate that 93 per cent of the world’s
workers reside in countries with some form of restriction including workplace closures due to the
pandemic. About 8.8 per cent of global working hours was lost in 2020 relative to 2019 and
equivalent to 255 million full-time jobs. With such high magnitude of employment losses and
increased inactivity among workers who remained employed, trade unions were staring at
unprecedented loss in membership due to COVID-19. Over and above this, the socio-economic
disruptions in the world of work due to the pandemic have led to increased vulnerability of workers
globally, especially young workers, women, migrant workers, informal economy workers, and
workers with disabilities, among others.

Recognizing that the ILO Centenary Declaration for the Future of Work (2019) calls for a human-
centred approach to the future of work by putting workers’ rights, needs and aspirations at the heart
of economic, social and environment policies, many trade union organizations responded swiftly to
address the challenges of COVID-19 by supporting a human-centred recovery. Trade union responses
were hinged on the ILO recognition that social dialogue contributes to the overall cohesion of
societies and is crucial for a well-functioning and productive economy. In reshaping the recovery and
the role of workers’ organizations, utilizing social dialogue is therefore the surest effective
mechanism for policy responses to the COVID-19 crisis.

A recent ILO study entitled A Global Trend Analysis on the Role of Trade Unions in Times of COVID-19
(ILO 2021b) shows that better results are in countries where social dialogue functions effectively. The
study of 133 countries reveals that trade unions are playing a pivotal role in responding to the
COVID-19 pandemic by strengthening their capacity to call for national policymaking and developing
a longer-term strategy to combat the effects of the crisis at the national and international level. It
shows that trade unions are collaborating with governments and employers’ organizations in using
effective social dialogue processes to design and implement appropriate strategies and policies to
address the negative impact of the COVID-19 crisis and to build inclusive societies.

Applying an econometric approach to data from the ILO global survey on the state of trade unions to
examine the role of social dialogue in reshaping recovery, focusing on trade union membership as
the engine for workers’ organizations. Based on the econometric results, we propose policy
interventions for the effective participation of workers’ organizations in reshaping the recovery. In
doing so, trade unions will further buttress the ILO mandate for social justice and decent work, and

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ensure that the organization continues to play a leadership role in the international system in
advancing a human-centred recovery from the COVID-19 crisis that is inclusive, sustainable and
resilient. First, we review the literature on how important workers are to trade unions (membership)
and the relevance of social dialogue in reshaping recovery towards well-functioning and productive
economies. The methodology used is then presented, together with the data and an analysis thereof,
followed by a summary and conclusions. Finally, the article presents recommendations for policy
interventions.

References
• https://www.va.gov/ADR/Impasse.asp
• https://www.saps.gov.za/newsroom/msspeechdetail.php?nid=45270
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