Tag Archive | parliamentary committee on labour

Labour relations bill rejected

LRA amendment on strike violence rejected….

ian ollisThe Portfolio Committee on Labour has rejected a Private Member’s Bill, the Labour Relations Amendment Bill proposed by Shadow Minister of Labour, Ian Ollis, to make provision for trade unions to be accountable in the event of violence, destruction of property and intimidation by union members during a protected strike.

The background to the Bill noted that “statistics from the protest action in the metal and engineering sector showed that in the first two weeks of that strike, 246 cases of intimidation, 50 violent ‘incidents’ and 85 cases of vandalism were recorded.

Duty to take reasonable steps

“The Bill seeks to provide a statutory duty on trade unions to take reasonable steps to prevent harm to persons and property within the Act”, said Ian Ollis MP, when tabling the Bill noting that his Bill had been stalled since 2010.

COSATU spokesperson Patrick Craven at the time responded with the statement that “COSATU will campaign relentlessly, thorough the alliance, in Parliament, at the Constitutional court and in the streets, to ensure that such a law is defeated.”\

Cabinet says we have the tools

Meanwhile, when President Zuma addressed the House in his State of Nation Address he condemned violence associated with strikes but said, “We have enough instruments in our labour relations machinery to resolve labour disputes.”

When presenting the Bill to Parliament in the current session, Ian Ollis said that the Bill could specify penalties, but also it envisaged a situation where the Labour Court is given permission to order parties, if a strike turned violent, to arbitration.

The Department of Labour (DoL) distanced itself from the Bill, Director-General, Thobile Lamati sayingThobile Lamati that these issues that were being addressed at NEDLAC level.

As a result of the meeting, a further Labour Portfolio Committee meeting heard the advice of Parliamentary Legal Adviser, Ms Noluthando Mpikashe, who told the Committee that although the Bill has no constitutional defects, existing legislation catered for all its contents.   She cited the Gatherings Act (Section 11) as a satisfactory answer and that the proposed Bill was pre-empting the NEDLAC deliberations.

Back to Marikana

Ollis responded that the Bill simply proposed that unions be held accountable for the conduct of their members during strike action. This will ensure not only accountability, but safety of the non-striking workers and added that “had the Bill been in place, lives would have been saved at Marikana.”

He complained “The Gatherings Act does not regulate any behaviour outside an approved gathering. The Bill before the Committee speaks to actions resulting from unapproved gatherings. The Bill also calls for the granting of permission to the Labour Court to force arbitration once a strike had turned violent,” he said.

He also complained in previous meetings that that the Opposition did not have a voice in NEDLAC. It could not give any input. The duty of the Opposition was to propose new ideas with regard to legislation, and the only way to reach NEDLAC was through the Portfolio Committee.

Bill voted out

Chairperson Yengeni rejected totally the claim that Opposition parties could not address NEDLAC directly. She said there were channels available to engage any entity of government.  She thanked Shadow Minister Ollis for his Bill and all the work that had gone into it but said “When the NEDLAC process is complete, the Committee will be the wiser”. Using its majority, ANC MPs rejected the Bill in its totality, the IFP abstaining.

Chairperson Lumka Yengeni stated afterwards, “The Bill is rejected by the Committee as it is not raising anything new. All its contents are captured in the Regulation of Gatherings Act,” she said. “The Department of Labour is on top of the situation”, she added.

Shadow Minister Ollis said, “The violence will continue. Therefore the current platform is inadequate.”

Other articles in this category or as background
Parliament delays process on Labour Relations Bill – ParlyReportSA
Muscle may be added to LRA – ParlyReportSA

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

National low income retirement plan ahead

 State retirement plan possible….

dol logoIn terms of what has been expected for quite some time, the department of labour (DoL) is soon to launch an investigation into a national retirement mechanism for low income earners. Such has been announced to the parliamentary committee on labour.

DoL, in a statement issued shortly after the meeting had been held, added that a discussion paper on the issue would be tabled at Nedlac in the near future.

In the last month of the previous parliamentary session the portfolio committee on labour held a number of workshops on the minimum wage issue and other matters perceived as critical in the labour field. Pensions for low income earners was one of them.

Stakeholders join in

During these workshops, which the department’s performance against set targets contained in the strategic plan and annual performance plan was evaluated, strategies were developed by participating parties, contributing parliamentarians and DoL.

DoL also stated that it would be talking to ILO as part of its investigations into a national retirement programme, not only as far as best practices were concerned but also into what had been found possible and practical at certain income levels elsewhere.

old mutual logoIn a recent survey undertaken by the Old Mutual on retirement plans, 42% of respondents were found to have no formal retirement provision in place at all and 85% of those that did, stated their concern on not having enough money to retire as their greatest worry due to fears surrounding inflation.

DoL is now to go a step further into the area of the of an income bracket lower than dealt with by private pension fund operators and, says DoL, plans are also afoot to investigate the possibility of including government employees in the benefits offered by UIF and also the effectiveness of the Compensation for Occupational Injuries and Diseases Act.

Other articles in this category or as background
Labour committee ignores strikes – ParlyReportSA
Parliament delays process on Labour Relations Bill – ParlyReportSA

Posted in Earlier Stories, Facebook and Twitter, Labour, LinkedIn, Trade & Industry0 Comments

Employment Equity Amendment Bill set to pass

Foreign labour gets look in….

legalIn an unusual turn of events  the Employment Equity Amendment Bill  allows for foreigners whose applications for citizenship were turned down before 1994 on the basis of their skin colour and such persons can be included in employment equity (EE) returns in future. Furthermore, all white, Indian and coloured women who had been gender disadvantaged in terms of statutory law at any stage will also qualify for inclusion in terms of equity reporting.

The next debate will possibly include a vote, the Employment Equity Bill being the third in a raft of four new labour bills presented recently to Parliament.

More of the same

The new EE Bill prohibits unfair discrimination in the workplace; regulates for the implementation of employment equity plans; gives more powers to labour inspectors; increase fines for non-compliance on equity issues for business; and ring fences such funds into a nominated national revenue fund.

Contraventions of some ten sections of the new Bill result in fines have a maximum penalty of R500,000 in cases where there are no previous convictions, to R900,000 in the case of four previous convictions in respect of the same offence within a period of three years.

Turnover based fines

Fines are, in fact, to be related to turnover of the entity in question, which can fall into eleven categories varying from agriculture to manufacturing, quarrying and mining to catering and transport and from wholesale, trade and commercial agencies to finance and business services. Electricity, gas and water are mentioned, as is construction and community and personal services – all with total annual turnover thresholds.

Other than a query from MPs to define further what constituted a “test” in terms of proposed provisions for regulations for psychometric evaluations to be carried out by the Health Professions Council, there were few objections or queries on the Bill when presented by DOL and the legislation looks destined for an easy passage through Parliament.

Refer previous articles in this category
http://parlyreportsa.co.za//bee/turnover-fines-employment-equity-breaches/
http://parlyreportsa.co.za//labour/employment-equity-bill-criminalises-offenders/
http://parlyreportsa.co.za//bee/rumblings-in-labour-circles-on-bee/

Posted in BEE, Facebook and Twitter, Labour, LinkedIn, Trade & Industry0 Comments

New “noise level” labour Bill on way

Occupational Act to be amended…

Vuvuzelas A new labour bill on noise level induced hearing loss involving amendments to the Occupational Health and Safety (OHS) Act would be introduced to Parliament said Madodana Tuntulwana, from the department of labour (DoL) director general’s office, when addressing parliamentarians on the department of labour’s annual budget report to Parliament.

 

The new Bill had been drafted which was with the State Law Advisers before being presented to cabinet and then, as is normal, going to Nedlac.   The Bill is as a result of research in the workplace carried out after visits to factory and workplaces in South Africa.

Annual report back

In presenting its annual performance figures, now tracked in terms of performance and evaluation,  DoL also presented its performance figures and budget, receiving credits from a number of parliamentarians across the political spectrum on their achievements for the year under review.

DoL showed that it had managed to inspect 32 838 workplaces compared to a target of 33 917 for the last quarter of 2012 alone, finding that 59% of workplaces complied fully with all aspect of labour regulations. Due action had been taken. On national figures, just given as an activity guide, it was also stated as being DoL’s intention to visit some 87,000 work stations nationally before the year was complete.

Complaints response

Labour complaints received from employees around the country to DoL offices numbered in total some 55,500 of which 65% were settled in 14 days, against a target set of 70%. The response system in most provinces was therefore working, it was noted.

Tuntulwana was very specific on inspections in the workplace were “social protection”, injury or hazardous materials were involved.  Noting that for this a separate exercise had taken place in the Western Cape, for which there was no political reason, so far 63 of the specific inspections out of a target of 200 had been achieved and matters dealt with or were in due process.

Tuntulwana added that other legislation, regulations and guidelines on employment services had been drawn up to address discrepancies in the labour market, provide a quality service and make DoL employment services more accessible during the next year.

Half a million workers applying

DoL stated it had succeeded in registering was 427,349 work-seekers, tabling a breakdown of the targets and achievements per province as at the end of 2012 together with a breakdown of work-seekers receiving counselling. He claimed that  94%, or 196 438 of the 207 950 people, who had approached the department nationally, had been dealt with.

Associated articles archived
http://parlyreportsa.co.za//bee/rumblings-in-labour-circles-on-bee/
http://parlyreportsa.co.za//education/employment-services-bill-will-promote-jobs-and-free-employment-services/

Posted in Enviro,Water, Labour, Public utilities, Trade & Industry0 Comments


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