Nature of the Agreement between ES and SWU
The agreement between Effective Solar (Pty) Ltd (ES) and the Solar Workers Union (SWU) can be classified as a closed shop agreement. This type of agreement requires all current and future employees to become members of the recognized union as a condition of their employment. In this case, the agreement mandates that all ES employees must join SWU.
Infringement of the Right to Freedom of Association
The agreement between ES and SWU infringes on the right to freedom of association of ES's employees. The right to freedom of association includes the right to join or not to join a trade union. By mandating that all employees become members of SWU, the agreement restricts the employees' freedom to choose whether or not to associate with a particular union. This violates the fundamental principle of freedom of association, as recognized in international labor standards and many national labor laws.
In conclusion, the agreement between ES and SWU constitutes a closed shop arrangement and infringes on the right to freedom of association of ES's employees.
