Department of Labour (DoL) Chief Director: Collective Bargaining Thembinkosi Mkalipi told a public briefing session that was attended by business, labour federations in Kimberley today (April 24) that it will be illegal for employers to keep employees in their employment for more than six months without employing them as their full-time employees.
He further indicated that it will be illegal to try to circumvent the law by employing different workers in a staggered manner. He cautioned that a worker employed at the end of the six months would have to be permanently employed.
Mkalipi said this was one of protection mechanisms brought about by the amendments to the Labour Relation Amendment Bill and the Basic Conditions of Employment Bill. He said the privilege would be enjoyed by the vulnerable workers, those that earn below R172 000.
According to Mkalipi business at the National Economic and Labour Council (Nedlac) were against the six months saying it was too short and also argued against the equal work for equal value principle. While labour was happy with the six month, they believed protection of workers should start from day one enjoying all benefits enjoyed by other workers.
Mkalipi said the exceptions to the protection of vulnerable workers would apply in cases of long term sickness, seasonal workers and fixed term project work among others.
The purpose of the public briefings by the Department of Labour, which are being held nationally, is to report back and inform the public about changes made to labour law amendments.
The two set of bills being amended seek to regulate the role of labour brokers and informalisation in the labour market, the protection of vulnerable workers, enhance the effectiveness of the labour market institutions such as the Labour Court, Commission for Conciliation Mediation and Arbitration (CCMA), the Essential Services Committee, the labour inspectorate and bargaining and statutory councils; and address current problems in industrial disputes and dispute resolution.
In an attempt to deal with violent strikes and disputes, the CCMA would be empowered to proactively intervene in the public interest.
Mkalipi said a mistake was made in 1995 to do away with balloting. He said in the new labour market regime balloting would make a comeback before workers could embark on a strike. He reiterated that a strike can take place when a majority of those who voted are in support of it.
He said in the amendments picketing rules should be binding on third parties such as landlords of employers (e.g. Retail malls) as long as they have been informed.
Mkalipi argued that the new amendments have introduced an element of flexibility while at the same time had sought to protect the vulnerable.
He said in summary the laws have struck a balance between opposing viewpoints between labour and business.
The public briefings are held from 10h00 to 13h00. Three more public briefings are scheduled to be held at:
- Witbankâs Protea Hotel on 26 April 2012
- Polokwane, Meropa Casino 2 May 2012 and will round off in Rustenburg, Hunters Rest on 10 May 2012.
Enquiries:
Mothusi Legwale
Cell: 082 82 31380
Mkalipi
Cell: 082 854 4358
