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Labour Law Amendments

Labour Law Amendments. by Leon Grobler Collective Bargaining Conference 2011. Background. Introduction Labour Brokers issue – history Different views – COSATU vs FEDUSA FEDUSA Congress 2008 Resolution – regulate Legislative Process 2011 Regulatory Impact Assessment. The Bills.

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Labour Law Amendments

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  1. Labour Law Amendments by Leon Grobler Collective Bargaining Conference 2011

  2. Background • Introduction • Labour Brokers issue – history • Different views – COSATU vs FEDUSA • FEDUSA Congress 2008 Resolution – regulate • Legislative Process 2011 • Regulatory Impact Assessment Collective Bargaining Conference 2011

  3. The Bills • Labour Relations Amendment Bill • Basic Conditions of Employment Amendment Bill • Employment Equity Amendment Bill • Employment Services Bill Collective Bargaining Conference 2011

  4. The Positives • Great stride for temporary workers • Regulation of placement services • Greater assistance to unemployed workers – both through Public Employment Services and Private Employment Services Collective Bargaining Conference 2011

  5. The Concerns • In general • Badly drafted • Inconsistencies • Contradictions • Unintended consequences Collective Bargaining Conference 2011

  6. Labour Relations Amendment Bill • Who is an employee? • Who is an employer? • Definition of “independent contractor” • Creation of a two-tier labour market? – iro dismissals, unfair labour practices, retrenchments and s197 disputes • Strike suspension issues – CCMA to intervene (public interest) • Exclusive jurisdiction to Labour Court • s200B • s200C • Onus of proof – reasonable expectation Collective Bargaining Conference 2011

  7. Basic Conditions of Employment Amendment Bill • Sectoral determination for those not covered • Thresholds • Labour inspectors – compliance vs. Criminalisation • Benefits of similar or equal value to temporary workers • Prohibition of work by children • Sectoral determination – prohibit certain work Collective Bargaining Conference 2011

  8. Employment Equity Amendment Bill • Prohibits difference in the terms and conditions of employees performing same work or of equal value • Certification and psychometric testing • Disputes to CCMA • Burden of proof • Duty to submit EE Plan • Fines for non-compliance • Income differentials Collective Bargaining Conference 2011

  9. Employment Services Bill • Discrepancy between Public Employment Services and Private Employment Services - powers • Employment Services Board • Phase out provisions • Youth employment • Sheltered employment for disabled – only manufacturing sector • Productivity SA • Foreign workers Collective Bargaining Conference 2011

  10. The Way Forward • NEDLAC process • Legislative process Collective Bargaining Conference 2011

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