Tag Archive | Employment Services Bill

Labour Relations Act changes passed

LRA Bill through Parliament

Mildred OliphantThe Labour Relations Amendment (LRA) Bill has now been passed by the National Assembly, thus confirming the ambition of Minister of Labour, Mildred Oliphant, to have this and the Basic Conditions of Employment Amendment Bill (BCEA) as signed-off legislation before the last session of Parliament of the present government. The Bill received the concurrence from the NCOP, in this case the matter being considered a formality although the select committee involved called for submissions.

Two down, two to go and more to come

This leaves the two equity labour laws, the Employment Services Bill and the Employment Equity Amendment Bill, as part of four Bills approved by the Nedlac process and designed by the department of labour (DOL) to overhaul labour legislation in South Africa, to be finally approved in the last session.

The LRA changes in the meanwhile will enable legislation to address, DOL says, “a number of unfair labour practices” with minister Oliphant telling the House that the Bill now passed “will bring the provisions relating to child labour in line with international standards and will strengthen the mechanisms for enforcement of basic conditions of employment, including wages.”

Ballots and part timers

The new Act will alter the anchor Labour Relations Act (1995) to include a number of major amendments including the facilitation of the granting of organisational rights to trade unions that are “sufficiently representative” and, in addition, will require a trade union or any employers’ organisation to conduct a ballot prior to calling a strike or lock-out.

The new provisions will strengthen the status of picketing rules and agreements and in many instances the powers of the labour court are clarified. They will also determine and outline minimum service conditions deal with circumstances involving workers placed by temporary employment services, regulates on the employment of fixed-term contracts and deals with part-time employees earning below an earnings threshold.

UIF also involved

DOL has also tabled amendments to Unemployment Insurance Act to include foreign workers and public servants as well as to amend benefits by extending the period of payment of benefits to the contributor from eight months to twelve months and also extending the period in which a contributor can lodge a claim from the current six months to twelve months. Nomination of beneficiaries for death benefits will be possible and the fund itself will be allowed to finance its own employment promotion projects.

Under the occupational health aspect of DOL’s mandate, a Bill has been promised on the issue of noise pollution levels in the factory environment.

previous articles on this subject
http://parlyreportsa.co.za//cabinetpresidential/parliament-delays-process-on-labour-relations-bill/
http://parlyreportsa.co.za//education/employment-services-bill-will-promote-jobs-and-free-employment-services/
http://parlyreportsa.co.za//bee/dates-for-new-labour-law-amendments-outlined/

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

Employment equity bill criminalises offenders

Turnover linked penalties….

Fines according to turnover are now proposed for equity employment breaches, the department of labour (DOL) having now briefed Parliament on the Employment Equity Act (EEA) Amendment Bill, which was tabled during the last session of Parliament and which incorporates such proposals.

The new fines, which according to DOL have been unrevised for a number of years, are linked as before in the same way to breaches in employment equity in terms of the Employment Equity Act but have now been linked to the balance sheet, meaning  major increases in the size of penalty for medium and big business in the case of departure, such being in terms of  decisions made on the recommendation of DOL inspectors.

Hearings before Parliament from business were expected to be vociferous in their response and indeed so far have been. Business and industry have been facing a raft of new and more radical amendments to existing labour laws, indicating both a move from the voluntary nature of BEE participation through charters to a legislative background and criminalisation if labour policy is not met or purposefully avoided.

A whole package of law

The briefing of this, the fourth of the new labour laws following the Employment Services Bill, was presented to Parliament by the department’s equity director, Ntsoaki Mamashela.   The Labour Relations Amendment Bill, the Employment Services Bill and the Basic Conditions of Employment Amendment Bill have all been endorsed by the Nedlac process, following approval by cabinet; the Labour Relations Act changes failing to pass in the last parliamentary session due to lack of a quorum but subsequently now approved and to become law.

Ms Mamashela assured business that they had “nothing to fear” if they followed the basic rules which were now well-known throughout the country. The proposed amendments demand that the proportions of demographics on an employer’s staff role reflect the demographics of the territory in which the business or industry operates and apply to companies with 150 employees or more.

Mirroring your location

The Bill makes it quite clear that the proposals refer to “black” people amongst  designated groups and also states unambiguously “where under representation of people from designated groups has been identified by the analysis, the numerical goals to achieve the equitable representation of suitably qualified people from designated groups within each occupational [category and] level in the workforce, the timetable within which this is to be achieved, and the strategies intended to achieve those goals are not met”, the Bill states, then the minister may apply to the labour court for a fine to be imposed.

The fines are extensive, particularly where previous convictions are concerned, and are capped at nearly R3m. The department of labour  is also, the proposals state, given the right to refer those cases who have not made returns, or made false returns in respect of their employment equity registers, directly to the labour courts.

The results of public hearings will first be summated and responded to by the department and then debated by the portfolio committee.

Refer previous articles in this category
http://parlyreportsa.co.za//uncategorized/business-and-government-miles-apart-on-labour-laws/
http://parlyreportsa.co.za//cabinetpresidential/labour-nobody-at-top-biting-the-bullet/
http://parlyreportsa.co.za//cabinetpresidential/parliament-delays-process-on-labour-relations-bill/

Posted in Labour0 Comments

Employment Services Bill waits in the wings

Job data required…..

For the first time in SA, every employer might have to advise the minister of all positions that become vacant in their structures and give details to the state of new jobs being created. The proposed Employment Services Bill is one of four new labour bills in process through Parliament.

It consequently follows that the principle with the new proposals being considered that the minister of labour in the proposals now before Parliament that government departments may pass on to the private sector job applicants that they have on record to fill jobs.  Also, companies that fail to notify the minister or department of labour when positions are filled may face a minimum fine of R10,000.

EEA Bill  bound to succeed in some form

These are some one of the more radical aspects of the proposed Employment Services Amendment Bill (EEA) Bill, which at this stage has proposed various changes within government setting up its own public service employment agencies as an inter-departmental internal process. Quite naturally, it is expected that this process will proceed, as DOL is not likely to object, nor any other state entities.

Parliament awaits to debate the Bill.

One of the primary aims of the EEA Bill is the proposal to keep a record of job seekers and record of vacancies in both private and public sectors and thus contributing to the national aim of reducing South Africa’s unemployment figures. The Bill acknowledges the seriousness of South Africa’s unemployment figures.

Free placings

The Bill also focuses on the section of government policy, touched upon in the three other amendments to labour legislation that are in parliamentary process,following the desired avenue of the eradication of the labour broking industry and, in the process, to allow the state to become more involved in the recruitment business on a free of charge basis.

This is also indicated in the department of labour (DOL) statements in Parliament recently when DOL officials stated that government’s view is that it has to influence the path of creating more jobs in order to meet targets set by the New Growth Plan if the department is to reach the targets set and subsequently evaluated by the monitoring and performance process within the presidency structure.

Foreign workers isolated

The EEA Bill flies in the face of constitutional queries, say commentators in the labour market, and the proposals seek to elevate opportunities for citizens over those of foreign workers by requiring employers to make use of the public employment service to be managed by DOL before employing foreign nationals.

The proposed Bill states that reasons will have to be submitted as to why citizens with suitable profiles referred to them by the department could not be employed with further questions as to their nationality.

Labour broking targeted

The EEA Bill also seeks to regulate, and to provide a licensing system, for what are referred to as “private employment agencies” and commentators say that definitions are poor when it comes to what is a labour broker,  a recruitment agent, and even employers working through contacts. They complain that it will be the state registration process that will soon decide who is and who is not acceptable.

The Bill introduces criminalisation for failure to meet many of the proposals outlined in the Bill.

Finally, the EEA Bill introduces a proposed Employment Services Board with functions to oversee the public employment services and oversee various regulatory matters connection with the process of hiring labour. A proposal is also made to regulate the existing agency, Productivity South Africa, insofar as its mandate is concerned to provide skills and put them in line with DOL strategies.

Refer previous articles in this category
http://parlyreportsa.co.za//cabinetpresidential/parliament-delays-process-on-labour-relations-bill/
http://parlyreportsa.co.za//labour/new-noise-level-labour-bill-on-way/
http://parlyreportsa.co.za//education/employment-services-bill-will-promote-jobs-and-free-employment-services/

Posted in Finance, economic, Labour, Land,Agriculture, Mining, beneficiation, Public utilities, Special Recent Posts, Trade & Industry0 Comments

Employment Services Bill to promote jobs, free employment services

Labour broking debate continues

A new Bill has been tabled in Parliament called the Employment Services Bill which aims to regulate in the area of employment services, regulating and providing for registration of private employment agencies. One of the aims of the Bill is to provide “comprehensive and integrated free public employment services” and to “establish schemes to promote the employment of young job seekers and other vulnerable persons”.

The government gazette, in describing the Bill’s purpose, says the legislation has been designed to regulate for and facilitate the employment of foreign nationals into areas “where they are needed ….and does not impact adversely on existing labour standards or the rights and expectations of South African workers”.  The Bill has been tabled by the minister of labour.

An “employment services board” is to be established to “promote employment, growth and workplace productivity” and “give effect to the right to fair labour practices contemplated in section 23 of the Constitution.”

Constitutional concerns

In terms of the Bill, schemes to assist employees in enterprises in distress and therefore to retain employment, will be undertaken and efforts made to “improve the employment and re-employment prospects of employees facing retrenchments.”

The Bill comes at a time when the furore over “labour broking”, whatever that might mean to different parties, is slowly subsiding and a more pragmatic approach appears to be the route rather than outright banning of short term work opportunities through agencies or “brokers”.

Nevertheless, the proposed legislation covers many more aspects than simply that issue. Hearings will take place once Parliament re-assembles in the New Year.

The new proposed legislation states that private employment agencies will be prohibited from “charging work seekers any fees for services rendered, unless the minister permits such fees for specific categories or specialised services” and they will be prohibited from “making deductions from employees’ remuneration”.

Private employment agencies must keep and safeguard the confidentiality of information relating to work seekers, the Bill warns, and “the labour court will be empowered to impose fines for breaches of the act”.

In the preamble, the Bill states that its purpose is to improve access to the labour market for work seekers and “facilitate access to training for work seekers, in particular, vulnerable work seekers.”

Posted in Education, Finance, economic, Labour, Trade & Industry0 Comments


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