Your Rights at Work
Knowledge is power. Understand your rights as a security worker in South Africa and how ASWTU protects them.
Right to Join a Union
Your constitutional right to form and join trade unions
- Every worker has the right to join a trade union (Section 23(2))
- You cannot be dismissed for joining a union
- You have the right to participate in union activities
- Employers cannot discriminate against union members
- You have the right to be represented by your union
Right to Strike
Your right to withdraw labour in protest
- Every trade union has the right to strike (Section 23(5))
- Strikes must comply with the Labour Relations Act
- A secret ballot must be held before a strike
- You cannot be dismissed for participating in a protected strike
- You are entitled to strike pay from the union
Unfair Dismissal
Protection against wrongful termination
- You cannot be dismissed without a fair reason
- You have the right to a fair hearing before dismissal
- You can refer unfair dismissals to the CCMA
- Reinstatement or compensation may be awarded
- Constructive dismissal is also protected
Wages & Benefits
Your right to fair compensation
- You are entitled to the minimum wage
- Overtime must be paid at prescribed rates
- You are entitled to annual leave, sick leave, and family responsibility leave
- You have the right to a written contract of employment
- Deductions from wages must be lawful
Workplace Safety
Your right to a safe working environment
- You have the right to a safe and healthy workplace
- You can refuse to work in dangerous conditions
- You have the right to protective equipment
- You must be trained on safety procedures
- You can report unsafe conditions without fear
Working Hours
Regulations on working time
- Ordinary working hours are 45 hours per week
- You are entitled to overtime pay for additional hours
- You must have a daily rest period of 12 hours
- You are entitled to a weekly rest period of 36 hours
- Night work has additional protections
Important Warning
If your employer is threatening you, discriminating against you, or violating your rights, contact ASWTU immediately. Time limits apply to many labour disputes, so don't delay.
- Unfair dismissal: 30 days to refer to CCMA
- Unfair labour practice: 90 days to refer
- Discrimination: 6 months to refer
Frequently Asked Questions
Can my employer fire me for joining ASWTU?
No. Section 23 of the Constitution protects your right to join a trade union. Dismissing you for union membership is automatically unfair and can be referred to the CCMA or Labour Court.
What should I do if I'm unfairly dismissed?
Contact ASWTU immediately. You have 30 days to refer an unfair dismissal dispute to the CCMA. We will represent you and help you get reinstatement or compensation.
Can I strike without union permission?
While you have the right to strike, it must comply with the Labour Relations Act. This includes holding a secret ballot and giving the employer 48 hours' notice. ASWTU will guide you through the process.
What is the minimum wage for security workers?
The minimum wage for security workers is determined by the Security Sectoral Determination. Contact ASWTU for the current rates and to ensure you're being paid correctly.
Can my employer change my working hours without consent?
Generally, no. Changes to working hours constitute a change to your conditions of employment and require your agreement. If forced, contact ASWTU immediately.
What leave am I entitled to?
You are entitled to annual leave (21 consecutive days), sick leave (36 days in a 3-year cycle), and family responsibility leave (3 days per year). Maternity leave is also protected.