Donwald Pressly
The battle over changes to labour amendment bills, which provide for limited temporary work arranged by labour brokers but now exclude compulsory strike balloting, are being taken to the floor of the National Assembly today.
While the Labour Relations Amendment Bill and the Basic Conditions of Employment Amendment Bill are being put to the National Assembly this afternoon, DA parliamentary leader Lindiwe Mazibuko gave notice that her party would ask the assembly to refer the bills back to the portfolio committee on labour or, alternatively, request MPs to re-insert what she called “last-minute” about-turns by the ANC.
One of the key elements originally included in the Labour Relations Amendment Bill was the Nedlac-agreed principle, backed by the Department of Labour, that compulsory strike balloting procedures should be introduced. This was not accepted by the portfolio committee, chaired by ANC MP Mamagase Nchabeleng.
Referring to compulsory balloting procedures, Cosatu spokesman Patrick Craven said last night that “a union should be able to decide what is the best way to consult [its members on a strike]. It should not be a legal requirement.”
Supporters of the legislative amendment that would have required secret strike balloting included Investec investment strategist Brian Kantor and DA labour spokesman Sej Motau. They have both argued that a secret ballot would reduce strike activity and would remove the possibility of holding strikes at the whim of a union leadership.
The cabinet recently noted that the Basic Conditions of Employment Amendment Bill sought to respond to increasing informalisation in the labour market and to align the act with the Labour Relations Act in addressing the phenomenon of labour broking.
While at one point it looked as if the ANC majority on the committee would ban labour broking outright, as sought by ANC ally Cosatu, they later agreed to a three-month limit on ad hoc recruitment, defined in the legislation as “temporary employment services”.
The DA had sought a one- year limit, while the original bill had allowed for six months.
In an indication that the ANC will not budge on labour bills, President Jacob Zuma said during question time yesterday that it was “a misconception” that the labour legislation regime was constraining economic growth and job creation.