Let`s start by defining a trade union in legal terms and explaining how a union can obtain a certificate of independence. We will then explore the concept of recognition, including the statutory right of trade unions to be recognized and the obligation of employers to provide information necessary for collective bargaining.
Next, we will discuss the protections afforded to trade unionists against discrimination by employers. Following that, we will analyze the legal aspects of industrial action. Participating in a strike typically constitutes a breach of employment contract, as employees are contractually obligated to be available for work.
Engaging in other forms of industrial action, like work-to-rule or go-slows, may also breach the employment contract. However, our focus in this chapter will primarily be on the liability of those organizing industrial action rather than those participating in it. Readers interested in exploring the relationship between trade unions and their members further are encouraged to consult the recommended textbooks provided at the end of this chapter.