ULEMASA was formed by local recruited personnel to ensure that their constitutional rights to freedoms of association and fair labour practices are respected and upheld and to make sure that employers comply with and respect the relevant employment legislation that apply to such LRP who came together in solidarity and made a mutual promise that we will never again allow that in this sector employees human rights be violated and never again will we work in less favorable terms.
The Recruitment , election and appointment of ULEMASA office bearers and officials was made pursuant to section 4(3)(c) of the Labour Relation Act, 1995 (Act No. 66 of 1995). Local employees have become more victimized by some contracts and conditions of employment that some employers have made them to sign and that do not comply with South African labour laws nor international labour laws
Some employers have implemented employment practices and policies that are in breach of South African labour law by relying on diplomatic Immunities as a tool to avoid legal scrutiny and to undermine the human right and human dignity of LRP.
ULEMASA with high experience accumulated so far has discovered that some employers are not familiar with South African labour laws and those who have knowledge about South African labour laws do not comply and others don’t want to be bound to them. They use their own ways to handle disputes occurring between local staff with the employer.
In terms of Article 41.1 of the Vienna Convention on Diplomatic Relations of 1961, the provisions of which have the force of law in South Africa pursuant to section 2(1) of the Diplomatic Immunities and Privileges Act, 2001 (Act No. 37 of 2001, sending states must respect the laws and regulations of the receiving state – this includes the relevant employment law provisions applicable in South Africa.