Amendments to Labour legislation - Pdf

The Labour Relations Amendment Act 2012 The Basic Conditions of Employment Amendment Act 2012 By Johanette Rheeder CONTENTS 1. The protection of vulnerable employees 1.1 Defeating the purpose of labour legislation 1.2 Organisational rights for TES employees 1.3 The meaning of dismissal for fixed term employees 1.4 Non standard employees – Temporary employees and Temporary Employment Services (Labour Brokers) 2. Amendment of section 200A of Act 66 of 1995 3. Fundamental Constitutional Rights 3.1 Amendment to section 32 3.2 Amendment to section 49 3.3 Amendment to section 51 3.4 Amendments to Chapter IV of the LRA 3.5 Amendment to section 64 3.6 Amendment of section 65 of Act 66 of 1995 3.7 Amendment of section 67 of Act 66 of 1995 3.8 Amendment of section 69 of Act 66 of 1995 4. Enhancing the effectiveness of the Labour Court, the CCMA, the Essential Services Committee and the labour inspectorate 4.1 Amendment of sections 70 to 74 and the insertion of sections 70A to 70F of Act 66 of 1995 Essential Services 4.2 Amendment of section 70 of Act 66 of 1995 – Establishment of the ESC 4.3 Section 70A of Act 66 of 1995 – composition of the ESC 4.4 Section 70B of Act 66 of 1995 – powers and functions of the ESC CONTENTS 4.5 Section 70C of Act 66 of 1995 – appointment of panels 4.6 Section 70D – powers and functions of a panel 4.7 Section 70E of Act 66 of 1995 – jurisdiction and administration of the ESC 4.8 Section 70F of Act 66 of 1995 – ESC Regulations 4.9 Section 71A of Act 66 of 1995 – public officials exercising authority in the name of the state 4.10 Amendment to section 72 of Act 66 of 1995 – Minimum Services 4.11 Section 103A of Act 66 of 1995 4.12 Amendment of section 111 of Act 66 of 1995 4.13 Amendment of Section 115 of Act 66 of 1995 4.14 Amendment of section 138 of Act 66 of 1995 4.15 Amendment of section 143 of Act 66 of 1995 4.16 Amendment of section 144 of Act 66 of 1995 – variation and recissions 4.17 Amendment of section 145 of Act 66 of 1995 4.18 Amendment of section 147 of Act 66 of 1995 4.19 Substitution of section 150 of Act 66 of 1995 4.20 Amendment of section 151 of Act 66 of 1995 4.21 Amendment of section 154 of Act 66 of 1995 4.22 Amendment of section 157 of Act 66 of 1995 4.23 Amendment of section 158 of Act 66 of 1995 4.24 Amendment of section 159 of Act 66 of 1995 4.25 Amendment of section 161 of Act 66 of 1995 4.26 Amendment of section 168 of Act 66 of 1995 4.27 Amendment of section 170 of Act 66 of 1995 4.28 Amendment of section 187 of Act 66 of 1995 4.29 Amendment to section 188A of the Act 4.30 Amendment: inclusion of section 188B: The exposure of senior employees in terms of the Labour Relations Amendment Act 2012 4.31 Amendment of section 189A of Act 66 of 1995 4.32 Amendment of section 190 of Act 66 of 1995 4.33 Amendment of section 191 of Act 66 of 1995 Johanette Rheeder (BLC, LLB, LLM(Labour Law), is an Attorney and Labour Law Specialist http://www.laboursmarttrainin g.co.za COP Y RIGHT RESERVED 4 Introduction The Labour minister, Mildred Oliphant submitted amendment bills for the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA) to the Cabinet Committee, again bringing the proposed amendments to the LRA and BCEA to the forefront. Public briefings are planned to report back and inform the public about the LRA amendment bill, the Labour Relations Amendment Bill, 2012 and the BCEA amendment bill, 2012. During a media briefing Oliphant said: “business knows it has to implement and on its part the department would induce the enforcement”. Apart from amendments to the LRA and the BCEA, which will focus on addressing labour broking, additional amendments are envisaged to ensure that temporary employment is limited to genuine temporary work that does not exceed six months. It also aims at regulating contract work. Various sections are therefore affected to allow for fixed term and temporary employment amendments. The proposed amendments to the Acts can be grouped under the following 5 themes – (a) The adequate protection of vulnerable employees; (b) compliance with South Africa’s obligations in terms of international labour standards; (c) ensuring that labour legislation gives effect to fundamental Constitutional rights including the right to fair labour practices, to engage in collective bargaining and right to equality and protection from discrimination; (d) enhancing the effectiveness of the Labour Court, the CCMA, the Essential Services Committee and the labour inspectorate; (e) rectifying anomalies and clarifying uncertainties that have arisen from the interpretation by the courts and application of these two statutes in the past decade.