Right of employee to join a trade union

Every employee has a right to join a trade union. Article 41 (2) (c) of the Constitution guarantees the right of every worker to form or join a trade union. It is specified that every worker has the “…right to form and, join and participate in the activities and programs of a trade union. This provision is a civil and political right. The freedom of association gives the people ability to form political movements or other kinds of groups that they may desire, to stay in those organizations, to leave those organizations, and join others and so on. Therefore, one cannot be compelled to be part of an organization that no longer interests them. This directly relates to the right to personal liberty as well because these rights and freedoms are interrelated. Laws that require the registration of an association must not prevent their registration without a justifiable reason. Furthermore, the members of the association must have a fair hearing before registration is cancelled. RESOURCES: See Council of County Governors v Attorney General and Another [2017] eKLR available at http://kenyalaw.org/caselaw/cases/view/134814/ (Dec 2017). The court explained that the freedom of association must be interpreted is fundamental to ensure a free, fair, and credible election.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s