South Sudan

"6. Prohibition to form a union Whereas it the right of all workers in any sector and any establishment to form a trade union or federation; the following categories shall be prohibited to form a trade union or federation: (a) Any disciplined force including the army, police, prisons, fire brigade and wild life forces; (b) National security forces; ( c) Constitutional post holders; (d) Judges and justices; (e) Public attorneys and Legal Advisors; (1) Justices and Judges; (g) Public attorneys and Legal Advisors; and (h) Senior members of the diplomatic service"

"87. Recognition as Exclusive Bargaining Agent of Employees (1) A registered trade union that represents the majority of employees in an appropriate bargaining unit is entitled to recognition as the exclusive bargaining agent of employees in that bargaining unit for the purpose of negotiating a Collective Agreement. (2) An employer orEmployers’ Association shall not recognise a trade union as an exclusive bargaining agent under this Act unless it is a registered trade union under the Workers Trade unions Act, 2013. (3) A registered trade union may seek recognition as an exclusive bargaining agent of an appropriate bargaining unit by delivering a request to: (a) an employer to recognise it as the exclusive bargaining agent of a bargaining unit consisting of employees or some of its employees; (b) An Employers’ Association to recognise it as the exclusive bargaining agent of a bargaining unit consisting of employees of its members. (c) Within thirty days after the receipt of the request, the employer or theEmployers’ Association shall notify the trade union in the prescribed form either that: (i) It recognises the trade union as the exclusive bargaining agent of employees in the bargaining unit as proposed by the trade union or agreed to by the trade union and the employer; (ii) It refuses to recognise the trade union because it disputes the appropriateness of the proposed bargaining unit or that the Trade union does not represent the majority of employees as proposed to be the bargaining unit. (4) If the employer or theEmployers’ Association fails or refuses to notify the trade union as required under sub-section (4) above or notifies its refusal to recognise the trade union, the trade union may apply to the Commission for an order recognising the trade union as the exclusive bargaining agent. (5) If, upon application by a registered trade union, the Commission is satisfied that the trade union represents the majority of the employees in the agreed bargaining unit or that the Commission considers the bargaining unit to be appropriate, the Commission may make an order declaring the trade union to be recognised as the exclusive bargaining agent of the employees in the agreed or appropriate bargaining unit. (6) In determining the appropriateness of a bargaining unit for the purposes of sub-section (6) above, the Commission shall: (a) take the organisational structure of the employer into account; and (b) Promote orderly and effective collective bargaining with a minimum division of Employers’ Association structure. - 61 - (7) If an employer orEmployers’ Association has recognised a registered trade union as an exclusive bargaining agent and the trade union no longer represents the majority of an employees in the bargaining unit, the employer orEmployers’ Association shall: (a) give the trade union notice in the prescribed form to acquire a majority within three months; (b) Withdraw recognition from that trade union if it fails to acquire that majority at the expiry of the three-month period. (8) On application by a trade union affected by action taken under sub-section (8) above, the Commission may, subject to the principles set out in sub-sections (6) and (7) above, make an order: (a) declaring that the trade union represents a majority of employees in the bargaining unit; (b) giving the trade union a further opportunity to acquire a majority; (c) altering the bargaining unit; (d) Withdrawing recognition of the trade union as the exclusive bargaining agent of the employees in the bargaining unit. (9) A registered trade union, which has been recognised as an exclusive bargaining agent in respect of the bargaining unit in question has a duty to represent the interests of every employee falling in that bargaining unit, whether or not employees are members of that trade union. "

"97. Limitations on the Right to Strike and Recourse to Lockout (1) No person may take part in a strike or a lockout or in any conduct in contemplation or furtherance of a strike or a lockout if that person is: (a) bound by a Collective Agreement that prohibits a strike or lockout in respect of the issue in dispute; (b) bound by a Collective Agreement that requires the issue in dispute to be referred to arbitration; or (c) is engaged in an essential service. (essential services list not shared in law) (2) Subject to the terms of a Collective Agreement, no person may take part in a strike or a lockout, or in any conduct in contemplation or furtherance of a strike or a lockout, if any arbitration award or Collective Agreement that regulates the issue in dispute binds that person. "