Similarly, the route to statutory recognition has been made considerably simpler for the unions, and employers are constrained from engaging in 'unfair practices' designed to frustrate union recognition. The sanction - direct CAC declaration of recognition - is severe. Yet it is not always clear where the line between open communication and unfair practices is drawn. Risk-averse employers may curtail legitimate communications, whilst others may inadvertently cross the line.
Employers who are nervous about the idea of trade union involvement in their businesses may wish to think about alternative mechanisms for ensuring that the voice of their workforce is heard - we have written about this here. If they have not already started to implement employee forums, this would now be a very good time to start.
Finally, the requirement to notify employees of their right to join a union is not as straightforward as it may first appear. Consultation is currently underway as to whether the notification needs to be repeated as often as every six months, which could create administrative burdens on employers who need to track the dates on which employees were last provided with the notice.