Employers have until this Thursday, February 17 to submit their comments on the proposed changes to labour legislation.
In December, the Department of Labour announced the publication of four new bills: the Labour Relations Amendment Bill, the Basic Conditions of Employment Amendment Bill, the Employment Equity Amendment Bill and the Employment Services Bill.
“These bills could have a dramatic impact on employment law as we know it,” notes Aadil Patel, director and national head of the employment practice at Cliffe Dekker Hofmeyr business law firm.
“For example, repeat short-term contracts for freelance employees will have to be explained, employees doing the same or similar jobs will have to be paid the same wages and employers will have to register all employee vacancies on a government register.”
He urges employers to consider the affect of the proposed changes to the legislation and submit comments to the Department of Labour before or on February 17.
“It is crucial that the impact of the amendments be brought to the attention of the legislature, should employers wish to avoid some of the drastic consequences of the proposed amendments.”
Patel says the Labour Relations Amendment Bill essentially proposes to stop the practice of repeated contracting with employees for short-term periods and to place an onus on employers to justify the use of short-term contracts of employment. It further repeals section 198, which deals with temporary employment services and introduces a new definition of “employer” and “employee”.
“The Basic Conditions of Employment Amendment Bill aims to give the minister the power to prescribe thresholds of representatives of trade unions to have the organisational right of access to employer premises.”
“The intention is to apply to those situations where unionisation is difficult, but where a more flexible threshold may facilitate unionisation within a specific sector and/or area. The bill further criminalises contraventions of certain provisions of the Basic Conditions of Employment Act,” notes Patel.
He says the Employment Equity Amendment Bill aims to prohibit abusive practices by ensuring that employees who work for the same employer receive the same pay as other employees performing the same, or substantially the same, work. It further empowers the director-general to impose fines on non-complying employers as a percentage of the annual turnover of the company.
“The Employment Services Bill is new,” Patel says.
“In essence it requires employers to register all vacancies with a government employment agency.”
The bill increases government's surveillance of employers and employment agencies.
“The Department of Labour has invited submissions in the form of written comments on the draft employment law bills from all interested parties. Employers can go to the Department of Labour's website to comment - www.labour.gov.za,” Patel adds. - I-Net Bridge