Is an employee entitled to discuss the conditions of their employment with other employees?
This question comes up regularly from clients who are concerned that employees freely discuss their conditions of employment with others.
The Basic Conditions of Employment includes provision for this under 78.(1) (b) as follows;
Protection of employees against discrimination
Rights of employees
- (1) Every employee has the right to—
(a) make a complaint to a trade union representative, a trade union official or a
labour inspector concerning any alleged failure or refusal by an employer to
comply with this Act;
(b) discuss his or her conditions of employment with his or her fellow employees,
his or her employer or any other person;
(c) refuse to comply with an instruction that is contrary to this Act or any sectoral
determination;
(d) refuse to agree to any term or condition of employment that is contrary to this
Act or any sectoral determination;
(e) inspect any record kept in terms of this Act that relates to the employment of
that employee;
(f) participate in proceedings in terms of this Act;
(g) request a trade union representative or a labour inspector to inspect any record
kept in terms of this Act and that relates to the employment of that employee.
(2) Every trade union representative has the right, at the request of an employee, to inspect any record kept in terms of this Act that relates to the employment of that employee.
The Act is therefore clear in giving employees the right to communicate with others about their conditions of employment.