Trade Union, speech given by Minister of Labour, M Mdladlana, at Boksburg
28 November 2006
Programme Director
President and Executive Committee
Invited guests
Workers
Comrades
Ladies and gentlemen
Let me express my deepest sense of gratitude for the invitation to address
your congress. Yesterday, I addressed the Commission for Conciliation,
Mediation and Arbitration (CCMA) which was celebrating its 10th year
anniversary. Central to this is that trade unions have become part of our
labour market institutions and partners in creating the labour market peace as
well as resolving labour market disputes.
Whilst in the past the trade unions struggled to secure organisational
rights, the advent of our democratic dispensation brought with it the
constitutional guarantees for the freedom of association, organisational rights
as well as collective bargaining in this country. By passing the Labour
Relations Act of 1995, the Parliament gave life to the spirit of the letter as
enshrined in our Bill of Rights on these constitutional guarantees. These
rights are essential for building the capacity of trade unions to enable them
to be effective partners in collective bargaining processes. This is done
through ensuring that labour movements enjoy organisational rights, right to
strike and to collectively bargain.
To attract foreign direct investment and to create conducive business
environment, imperatively so, freedom of association and collective bargaining
process are critical for creating the necessary labour market peace and
stability.
One of the wisdoms of the Labour Relations Act was to democratise the
workplace. The intents were joint decision making through the processes of
consensus seeking and consultations in the workplace. In principle, this call
upon unions to participate and ensure workers interests are taken care of.
Caring for members is to ensure safe workplace environment for them. Lately,
there has been number of fatal workplace accidents. The Labour Relations Act
protects employees against any punitive and vindictive measures for disclosing
information impacting adversely against their health and safety in the
workplace. It is the duty of trade unions to ensure that employers comply with
the safety laws.
As trade unions, you have a responsibility of ensuring training and the
development of members. Given that this is critical for the country, you will
have to do more in this regard. In turn this will translate in empowering your
members.
Given our historical past, it is public knowledge that recently I released
the sixth commission for employment equity annual report of the country. I
lament the fact that since the advent of the Employment Equity Act, there has
been a snail pace for the advancement of women and people with disabilities. We
cannot be truly free as long as our workplace is not reflective and inclusive
of our broader society in all job categories and classifications. The labour
movements are critical in creating democratic, non-racial and non-sexiest
workplaces.
Ladies and gentlemen, it is sad to know that some of the workers' movements
do not consider HIV and AIDS fight as part of their own cause. To continue
truly serving members, trade unions will have to address the question of HIV
and AIDS in the workplace. They will have to ensure that employees beyond their
membership are not discriminated against and benefit from development of HIV
and AIDS awareness programmes and employee assistance programmes (EAP). I
congratulate workplace partnerships that have developed these programmes and
encourage the unions to pursue these programmes in workplaces wherein they are
non existent. Only if trade unions and their members put all their force, their
enthusiasm and solidarity behind these programmes, a caring and compassionate
workplace will be achieved.
Programme Director, allow me to deal with challenges facing the labour
movement today. The unions must understand that they have an important role to
play in keeping their members at work. There are perceptions that unions are
becoming weak and are losing members. This fact is substantiated by the number
of complaints coming to my department relating to unions that are not doing
enough for their members. Strong unions will be good and advantageous for
collective bargaining. It is important for unions to note that weak unionism
will turn collective bargaining into collective begging.
Since unions are public entities who must act and serve the interest of
their members, my department continues to monitor their compliance with the
Labour Relations Act legal requirements. The unions' subscriptions fees are
meant to serve members' interests. Submissions of financial statements ensure
good corporate governance and financial control. However, my department
continues to deregister labour organisations for not complying with these legal
requirements. To date, more than 140 trade unions have been cancelled for
failing to comply with these requirements.
Furthermore, to ensure that non-genuine labour organisations cease to take
membership of genuine labour organisations, my department has and will continue
to deregister such labour organisations to ensure only genuine organisations
remain.
The declining membership of trade unions has adverse effect on collective
bargaining in the bargaining councils system and this tended to invite most of
the attacks that we see on our collective bargaining system and labour market
in general. Parties to the councils are not sufficiently representative in the
sectors and areas in which they operate. The representivity of councils is
quickly becoming the most contentious issue for extension of collective
agreements in the bargaining councils. To overcome this handicap, the unions
will have to recruit more members earnestly.
I believe you are aware of the current debates around the labour market
flexibility. The Ministerial Roundtable discussion at the Emperor's Palace
attended by representatives of government, business, labour, academics and
labour law practitioners reached consensus in the real sense of true
co-operation. It was agreed that the policy fundamentals that shape our labour
laws were sound. However, there is need to improve the application of our laws
and align them with the changing labour market environment. In doing so we
shall be improving the sensitivity of our legal framework. In essence, there
will be no major labour market policy overhaul rather than tweaking the law
here and there.
It is worth noting that inherent in our labour laws is the concept of
regulated flexibility which was achieved by social partners at the National
Economic Development and Labour Council (NEDLAC). Testament to this fact is
that business can apply for ministerial variations to vary certain conditions
of employment from the Basics Conditions of Employment Act. The bargaining
councils' agreements contain clauses for providing exemptions to small
enterprises within their scope and the ministerial determination for small
businesses varies certain conditions of employment from the Basic Conditions of
Employment Act. However, lack of understanding and yielding to the notion of
perceptive debates rather than establishing facts, our detractors argue as if
the question of flexibility is foreign to our labour laws.
One of the attacks levelled against unionism comes through the disguise of
the labour market flexibility debates. Exponents of deregulated labour market
argue that it should be made easier to hire and fire. We posed a question, if
there is consensus on this matter how many job will this create, they have
failed to answer the question. The trade unions will have to use their muscles
which is their membership to defeat this notion, victory of which trade unions
must wish with their hearts and actions.
Globalisation and changing labour market environment present trade unions
with increasing casualisation of employees, forms of atypical employment and
the growth of the informal sector. Most of the employees affected by these
phenomena find themselves excluded from certain legislative provisions. Trade
unions including other social partners must respond to these challenges and
find a common ground with an ultimate win for the workers and maybe even the
workers of the region as a whole.
The United Transport and Allied Trade Union is placed at the opportune
moment in the South African history. We are to host 2010 soccer world cup.
Critical to this event, is to ensure improved passenger transport for the
international community. You are better placed to make your fruitful
contribution to the event of this magnitude. Since you also organise in the
construction industry, our eyes and trust is upon you to deliver better
facilities for this event.
In conclusion, a strong, democratic and member controlled trade union is far
better placed to engage on issues that are challenges and attacks on the hard
won gains.
Once again, thanks for inviting me and I wish you fruitful deliberations in
your congress.
I thank you!
Issued by: Department of Labour
28 November 2006
Source: Department of Labour (http://www.labour.gov.za/)
