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1、,1,DEPARTMENT OF LABOUR LABOUR LAW AMENDMENTS,Briefing to the Select Committee on Labour and Public Enterprises,Background,Four bills published on 17th December 2010: Labour Relations Amendment Bill, 2010 Basic Conditions of Employment Amendment Bill, 2010 Submitted to NEDLAC at same time, together
2、with report on Regulatory Impact Assessment conducted on the bills during 2010.,2,Background cont.,Public consultation sessions held in each province during January and February 2011 with average attendance of approx. 250 representatives of all stakeholders. Comment received from approximately 390 i
3、ndividuals and organisations. Most comment focused on issue of labour brokers and mostly critical of approach in published bill. NEDLAC process commenced in January 2011 and concluded in January 2012. The Bills were tabled in Parliament on 29 May 2012.,3,What do the bills respond to?,increased infor
4、malisation of labour in the labour market; Adjust the law to ensure compliance with South Africas obligations in terms of international labour standards; Ensure that labour legislation gives effect to fundamental Constitutional rights including the right to fair labour practices; Enhance the effecti
5、veness of the labour market institutions such as the Labour Court, the CCMA, the Essential Services Committee, the labour inspectorate and bargaining and statutory councils; Clarify uncertainties that have arisen from the interpretation and application of the LRA and BCEA in the past decade.,4,What
6、do the bills respond to?,“In order to avoid exploitation of workers and ensure decent work for all workers as well as to protect the employment relationship, introduce laws to regulate contract work, subcontracting and out- sourcing, address the problem of labour broking and prohibit certain abusive
7、 practices. Provisions will be introduced to facilitate unionisation of workers and conclusion of sectoral collective agreements to cover vulnerable workers in these different legal relationships and ensure the right to permanent employment for affected workers”,5,What do the bills respond to? Cont.
8、,Abuses in the labour market: Labour brokers roll-over contracts of employees thereby making workers permanent temporary employees; Workers employed by Labour brokers earn less than their counterparts employed by clients doing the same job; Workers employed by labour brokers are not able to take up
9、their dismissal cases with the CCMA/Labour Court and not able to enforce decisions (the issue of who is their employer is always a problem); Workers employed by Labour Brokers often do not have access to social benefits (eg. retirement funds),6,Temporary Employment Services (labour broking),Focus on
10、 discussion around amendments to section 198 of Labour Relations Act. Amendment adds general protections as follows: Employees bringing a claim for which a TES and client are jointly and severally liable may bring proceedings against either. A labour inspector may enforce compliance against TES or c
11、lient in terms of BCEA. A TES may not employ on terms and conditions not permitted by LRA or BCEA or bargaining council agreement. Labour Court or arbitrator may now rule on whether a contract between a TES and a client complies with the LRA, a sectoral determination or bargaining council agreement.
12、,7,s.198 cont.,New section 198 A temporary employment services for employees earning below earnings threshold. Protection for employees earning below BCEA threshold (R172,000.00). Employees of a TES if employed to perform genuinely temporary work otherwise deemed to be employees. Temporary work defi
13、ned and limited to 6 months. Termination of assignment to avoid deemed employment constitutes a dismissal and may be challenged. Employees may not be treated less favourably than employees who perform same or similar work.,8,s.198 cont.,New section 198B fixed term contracts for employees earning bel
14、ow earnings threshold Ten justifiable reasons for fixing the term of a contract. If employed for longer than 3 months, deemed to be employed for an indefinite period. Any renewal or extension to the contract must be in writing and must state reasons that justifies fixed-term nature of contract. Equa
15、l treatment applies if employed for longer than 3 months. S 198B does not apply to an employer employing less than 10 employees nor does it apply to an employer who employs less than 50 and who has been in operation for less than 2 years (flexibility for SMMEs),9,s.198 cont.,New s 198C part-time emp
16、loyment of employees earning below threshold New section follows ILO Convention on part-time work (Conv 175, 1994). Defines part-time employees and requires no less favourable treatment than comparable full-time employees. Requires employers to give part-time employees access to training and skills development that is no less favourable than comparable full-timers. Employers must provide part-time employees with the same access to opportunities to apply for vacancies as full-time em
