The soldier as employee : the compatibility of labour rights with military service

In: http://hdl.handle.net/11427/9481

Abstract

Bibliography: leaves 173-187. ; A review of literature reveals, that three key issues underlie the debate on whether soldiers may have labour rights. The first suggests that it is socially unjust, or undemocratic, to deny soldiers the right to belong to a labour union to advance their interests as employees. The second, is that the constitutional rights of soldiers to belong to trade unions must yield to the unique nature of military service, given the need for discipline, obedience and cohesion. For the sake of national security, these rights must be curtailed. The third area of concern, is the effect of military unionisation upon the political control of the armed forces. This study sets out to analyse whether labour rights, such as the right to belong to a trade union for the purpose of collective bargaining, as well as the right to strike, can be extended to soldiers without undermining national security. The suggestion is made that the unique nature of the military profession, the ethical requirements of the profession, as well as the potential consequences of the abuse of the monopoly over the means of mass destruction, complicates the acceptance of a more pluralist approach to labour relations. The drift towards occupationalism, as well as the impact of certain societal trends on the military organisation, nevertheless compels the armed forces to adapt their unitarist approach to labour relations, and accept a more pluralist dispensation. The unique nature of military service complicates the acceptance of pluralist labour relations practices, and even where labour rights have been extended to soldiers, the activities of the unions or associations representing soldiers are curtailed. Against this background an assessment is made whether labour rights can be extended to soldiers in South Africa.