The Labour Rights Index: Comparing Trade Unions in South Africa and United States

WageIndicator’s Labour Rights Index is a comparative tool, an international qualification standard, which allows its users to compare labour legislation around the world. In this feature, we compare trade union rights in South Africa and the USA.

South Africa and trade unions

Trade unions represent a significant amount of South Africa’s working population, with 3.1 million members representing 25% of the formal work force. These independent organisations represent workers to their employers, and help negotiate workplace issues such as hours of work, salary and more on behalf of the workers. Some of the specific attributes pertaining to trade union laws in the country are:

1. Every worker has the right to strike
2. Every worker has the right to form and join a trade union and to participate in the union’s activities
3. Every trade union, employers’ organisation and employer has the right to engage in collective bargaining
4. Every employer has the right to form and join an employers’ organisation and to participate in the activities of the organisation. 
5. Everyone has the right to fair labour practices. 

Joining a trade union provides workers significant benefits, considering that varied topics ranging from salary increases, paid sick leave to safety in the workplace are dealt with as a collective, thereby providing better representation and protection from unfair treatment. Skilled negotiators and labour specialists will actively work towards providing best possible deals for union members, increasing job security. South African workers enjoy the backing of at least one of three main trade union federations, with most trade unions regardless of the specific industry being affiliated to a specific trade unionfederation. The largest of these centres is the Congress of South African Trade Unions (COSATU), while the Federation of Unions of South Africa (FEDUSA) and the National Council of Trade Unions (NACTU) also have a large membership base.

The Labour Rights Index score

The Labour Rights Index suggests that South Africa holds a trade union score of 100, indicating the power and influence that these trade unions hold within the South African workforce and industries. In comparison, the United States has a trade union score of 25.

The United States and trade unions

Under the Wagner Act, a union holds the right to represent workers when bargaining with an employer to improve terms and conditions, raise wages and providing workers with a voice. While American workers have the right to unionise, strike, picket, seek injunctions and other actions to make sure their demands are attended to, a major exception to this rule is if a worker is considered a “supervisor”. According to the National Labor Relations Act, any individual who holds a semblance of authority over other employees is considered a supervisor, and is therefore not given the opportunity to join a trade union. Furthermore, the United States has seen a decline in union membership, particularly in the private sector. Only 11.2% of workers are represented by unions, according to 2023 data. While part of the problem is lack of trade union representation and supply, ordinances such as the “supervisor” conditions must also be considered as possible aspects that affect trade unions in the country. 

Rising Representation

However, a slow but steady upward growth can be noted, as union density is on the rise. Organisations such as the United Auto Workers have announced their efforts to organise workers at US plants, encouraging the working class to unite in a common cause. Since the pandemic, the US has seen strikes organised by actors, writers, baristas, daily-wage workers and more, as the public manifests more active involvement and representation in their workplaces. The nation’s youngest generation of workers are also much more actively involved in organised labour than past generations.

Regardless, South African workers are better represented as regards unionisation and organised labour, in comparison to the United States.