Tag Archive | ACDP

Further labour law changes proposed

New labour law on male parental leave…. 

sent to clients 20 Dec…….Cheryllin Dudley MP, an ACDP parliamentarian, has introduced a Private Member’s Bill to Parliament proposingcheryllin dudley amendment to SA labour laws on the general issues of parental issues; adoption of the child and proposals to allow parental leave to both parents with a list of benefits.

Public comment expired on 25 December and being a private members Bill, the invitation came from Parliament and specifically the Secretary to the Portfolio Committee on Labour, for comment. The Bill is entitled the Labour Laws Amendment Bill, a name which is bound to attract attention

MPs themselves are allowed to propose legislation direct to Parliament without reference to the particular government department affected. The Speaker of the House has, by procedure, assented to the tabling of this Bill.

Happier families

Bill seeks to amend the Basic Conditions of Employment Act, 1997, so as to provide for parental, adoption and commissioning parental leave to employees; to provide that a collective agreement may not reduce an employee’s entitlement to parental, adoption or commissioning parental leave and amend the Unemployment Insurance Act. It also provides for the right to claim leave and parental benefits from the Unemployment Insurance Fund.

The issue applying parental leave to “all parents” is obviously proposed in order to include a wider definition to those providing male parental care in terms of leave. The issue of gay adoptive relationships is not included in the actual wording (nor would an ACDP member suggest this) but the purpose of the Bill is apparently not selective as to whom the parents are but rather to significantly expand the recognition of parenthood in general at the workplace.

Family values first

mum dad and babyIn an explanatory memorandum attached to the draft Labour Laws Amendment Bill, the proponent explains that the Bill is primarily trying to get paternity leave legislated as part of its “policy on family values”, which stresses the importance of fathers in families.

It is proposed that any couple can decide which partner takes the 10 days of parental leave and which one takes a standardised two and a half months, cutting this down from four months as allowed under the Basic Employment Act.

One assumes, therefore, that the ACDP, has skirted the issue of gay relationships by accommodating the issue by proposing that all paternity leave would apply to all relationships in a heterosexual relationship but apply equally to one of the partners in a same-sex civil union.

The Bill will go through the normal legislative process, the Department of Labour’s submission therefore being a critical one during parliamentary hearings to be called in due course.

Labour in turmoil

No doubt COSATU and PIC will be more awake to making submissions than was in the case of the Financial Sector Regulations Bill (Twin Peaks) which vitally affected labour conditions insofar as government service and private sector on retirement funds, annuities and pensions, the Act now being signed and claimed as “sneaked” through – as if a change recommended in the 2014/5 Budget could possibly have been.  

Go to http://parlyreportsa.co.za/finance-economic/tax-legislation-for-parliamentary-debate/ for this subject, now in national debate, having passed through the parliamentary arena.

Previous articles on labour category subject
Deliberations reaching final stage on labour laws – ParlyReportSA
Labour Relations Act changes passed – ParlyReportSA
Labour committee ignores strikes – ParlyReportSA
Labour : nobody at top biting the bullet – ParlyReportSA

Posted in Facebook and Twitter, Labour, LinkedIn, Special Recent Posts, Trade & Industry0 Comments


This website is Archival

If you want your publications as they come from Parliament please contact ParlyReportSA directly. All information on this site is posted two weeks after client alert reports sent out.

Upcoming Articles

  1. MPRDA : Shale gas developers not satisfied
  2. Environmental Bill changes EIAs
  3. Border Mangement Bill grinds through Parliament

Earlier Editorials

Earlier Stories

  • Anti Corruption Unit overwhelmed

    Focus on top down elements of patronage  ….editorial….As Parliament went into short recess, the Anti-Corruption Unit, the combined team made up of SARS, Hawks, the National Prosecuting Authority and Justice Department, divulged […]

  • PIC comes under pressure to disclose

    Unlisted investments of PIC queried…. When asked for information on how the Public Investment Corporation (PIC) had invested its funds, Dr  Daniel Matjila, Chief Executive Officer, told parliamentarians that the most […]

  • International Arbitration Bill to replace BITs

    Arbitration Bill gets SA in line with UNCTRAL ….. The tabling of the International Arbitration Bill in Parliament will see ‘normalisation’ on a number of issues regarding arbitration between foreign companies […]

  • Parliament rattled by Sizani departure

    Closed ranks on Sizani resignation….. As South Africa struggles with the backlash of having had three finance ministers rotated in four days and news echoes around the parliamentary precinct that […]

  • Protected Disclosures Bill: employer to be involved

    New Protected Disclosures Bill ups protection…. sent to clients 21 January……The Portfolio Committee on Justice and Constitutional Affairs will shortly be debating the recently tabled Protected Disclosures Amendment Bill which proposes a duty […]