Tag Archive | labour laws south africa

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/

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