Far reaching changes have been introduced to the Basic Conditions of Employment Act as well as the Labour Relations Act in the latest bills that have just been accepted by Cabinet, a vibrant meeting of stakeholders was told in Johannesburg on Wednesday.
The meeting was the first in a series of report-back sessions by the Department of Labour to representatives of business, organised labour, civil society organisations and government bodies.
Among changes proposed by the department are to restrict to six months the period which the labour broker can employ a temporary worker earning below a threshold of R172 000.00 per annum.
Thembinkosi Mkalipi, Chief Director Labour Market Policy in the department, said “Abuses in the law, we have built in processes to challenge that. No longer will we allow a labour broker to employ a worker temporarily for more than six months. Also, we will no longer allow workers employed in those circumstances to be discriminated against in terms of pay and benefits. It is time work of similar value is compensated equally.”
Mkalipi said the department’s mandate of dealing with the controversial issue of labour broking stems from the manifesto of the ruling party which says that abusive practices of labour broking must be eliminated.
The labour movement for its part, dug in its heels and insisted that labour broking should be banned. They said government should brace itself for more strikes against what they termed “modern day slavery”.
On the Commission for Conciliation, Mediation and Arbitration (CCMA), Mkalipi said the department has made 36 amendments on dispute resolution. These include the fact that CCMA has to assist workers who wish to lodge cases with it considering that many do not have access to fax and e-mail facilities.
He said once the proposals have been accepted by parliament, the CCMA would have the power to compel either of the parties in dispute to attend a conciliation or mediation in a dispute regarded to be “of public interest”.
Turning to essential services, Mkalipi said “A number of amendments are made to deal with problems that have been identified with the current system for dealing with disputes in essential services. These problems include the scope of essential service level determinations made the small number of minimum services determinations ratified by the Essential Service Committee (ESC) and the high level of unlawful strike action in essential services. A new provision deals with public officials exercising authority in the name of the state defined as customs’ officials, immigration officers and officials working in the administration of justice.”
The road-show proceeds to Cape Town tomorrow (Thursday) and will end in Polokwane on May 2.
Enquiries:
Sekhothali Lerotholi
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Major overhaul for labour laws-DoL
