Speech by the Honourable Minister of Labour, Mildred Oliphant, MP, on the second reading of the basic conditions of Employment Amendment Bill

Honourable Speaker,
Honourable Members of the National Assembly,
Cabinet colleagues,
Ladies and gentlemen.

There shall be a national minimum wage, paid annual leave, and sick leave for all workers and maternity leave on full pay for all working mothers.

The Basic Conditions of Employment Amendment Bill seeks to translate the vision enshrined in the Freedom Charter; the Constitution of the land and the 2009 African National Congress (ANC) Election Manifesto. I am pleased to point out that by and large the Basic Conditions of Employment Amendment Bill is in line with the aspirations of the freedom Charter; the Election Manifesto and our international obligations, thanks to the ANC Government.

In 1998, the 86^th International Labour Conference adopted the Declaration on Fundamental Principles and Rights at Work.

This declaration contains four fundamental policies:

1. The right of workers to associate freely and bargain collectively;
2. The end of forced and compulsory labour;
3. The end of child labour; and
4. The end of unfair discrimination among workers.

Honourable Members,

We deemed it necessary to propose amendments to the Basic Conditions of Employment and we are very pleased that the National Assembly is considering the proposed Basic Conditions of Employment Amendment Bill and will find it appropriate to adopt the passage of the Bill.

You will recall that these amendments are intended to respond to the growing in formalisation of work in the South African labour market and to align the Basic Conditions of Employment Act with the Labour Relations Act in addressing unfair labour practices. 

The Amendments also seek to bring the provisions relating to child labour in line with international standards and strengthen the mechanisms for enforcement of basic conditions of employment, including wages.

Honourable Members, It is worth mentioning that 12 June 2013 was the International Day Against Child Labour and this day was celebrated last week coinciding as it did, with the International Labour Conference. Part of what this Bill does is to align our policies with international best practice.

When this Bill becomes Law, it will prohibit the unethical behaviour of requiring work seekers to pay a fee in order to be placed in employment opportunities. The Law will also prevent employers from forcing employees to purchase goods from the employers’ business as a condition of work.

When this Bill becomes Law, it will prohibit work by children under the age of 15 years. It will strengthen the Labour inspectorate and enforcement. The Bill seeks to introduce measures to discourage non-compliance by among other things imposing heavier penalties.

This Bill is also a direct consequence of the 2009 ANC Election manifesto which promised South Africans that the ANC led government will introduce legal measures to promote our decent work agenda.

I want to thank members of the Portfolio Committee on Labour for their time, energy and wisdom in their efforts to enhance the objects of the Bill.

Let me also take this opportunity to call on our social partners to assist with implementing the amendments in their places of work. I am aware that some of the proposed amendments were complex and it was not easy to reach consensus. Well, let me submit that labour laws have been and always will be a highly contested terrain, not only in South Africa, but the world over.

Similarly, I hope that the passage of the Bill will be smooth.

Thank you!