Ann Crotty
Mamagase Nchabeleng, the chair of the portfolio committee on labour told Business Report yesterday that he would find out from the secretary to Parliament how much use was made of labour brokers in the provision of services, such as catering and cleaning, to Parliament.
Nchabeleng was speaking at the end of the committee’s hearings into the proposed amendments to the Labour Relations Act (LRA) and the Basic Conditions of Employment Act. A key aspect of the proposed amendments is the attempt to address widespread concern about the extensive use of labour brokers, or temporary employment services, throughout the economy.
Andricus van der Westhuizen, a DA member of the committee, said that he was going to ask the Speaker of Parliament to provide details of what use was made of sub-contractors who in turn made use of agency workers.
“We also need to find out how many of these workers have been working on the premises for uninterrupted periods of more than six months,” said Van der Westhuizen, who added that the responsibility was likely to be shared between the National Council of Provinces and the National Assembly.
The three days of hearings into the amendments revealed wide areas of disagreement, with business charging that the proposed changes would reduce flexibility and make employment more expensive, which in turn would lead to significant increases in unemployment.
Labour countered that proposals such as the requirement that the “true employer”, namely the client of the labour broker, assumes full employer responsibility for a worker after six months was necessary to ensure appropriate working conditions.
Questioned about the wide area of disagreement and what scope there was for compromise, Adrian Williams, an ANC member of the committee, told Business Report: “Parliament will come up with a middle ground that will be the most amicable solution… we will do what we can to reach consensus.”
During yesterday’s hearings Cosatu’s parliamentary spokesperson Prakashnee Govender said that after the Nedlac process had been completed, Cosatu had “several meetings with the national leadership of the ANC in a bid to address certain fundamental problems with the bills”.
She said that Cosatu had been unsuccessful in its attempts to get a full ban on labour broking.
“However, there was an agreement to address residual contractual issues between the broker and the true employer (referred to as the so-called “client” in the LRA), which would ensure that the true employer (client) would assume full employer responsibility for a worker where this involves work which is not temporary in nature.”
Agreement was also reached to withdraw provisions affecting the rights to strike and picket action. There was also agreement that the sections providing for the expansion of essential services would be redrafted.
In response to criticisms from the DA about Cosatu’s post-Nedlac engagement with the ANC Buti Manamela, an ANC member of the committee, said that Business Unity South Africa had also engaged with the ANC. Manamela said that anybody with a view was entitled to attempt to engage and influence the process.