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Thread: PROPOSED CHANGES TO LABOUR LAWS

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    Gold Member Martinco's Avatar
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    PROPOSED CHANGES TO LABOUR LAWS

    The gist of a thread posted on Business Masters.


    PROPOSED CHANGES TO LABOUR LAWS

    On Friday the 17th of December 2010 the government gazetted a number of proposed changes to the labour laws in South Africa. Whilst these changes are in proposal form, the public have until the 17th of February 2011 to comment.

    It is highly likely that these amendments will be implemented this year – in much the same format as what has been proposed.



    CHANGES TO EMPLOYMENT EQUITY LEGISLATION

    Simply put, if you employ more than 50 employees, you will be expected to comply with your regional and national demographics in terms of the recruitment of black people, women and the disabled. Failure to do so will result in penalties of between 2% and 10% of your turnover.


    LABOUR BROKING

    The proposed amendment does not ban labour broking. Rather it puts in measures to protect employees. Most importantly it now clearly specifies who the employer is - in the past this was always a grey area. Was the employer the labour broker or the client where the employee had been placed? Currently the answer is the Labour Broker but this is about to change.

    In terms of the proposals the employer is now clearly identified as the client. Yes, that’s right – You = the client. The employee having a dispute will be able to cite you as the Employer at the CCMA and not the labour broker!



    REGULATION OF EMPLOYMENT AGENCIES

    This is all about regulation of employment agencies and the creation of a super government department to handle job placements, etc.
    However what is interesting is that it is now specifically forbidden to charge a job seeker a placement fee!


    FIXED TERM CONTRACTS – A THING OF THE PAST


    In essence the proposed bill talks about security of employment and the fact that the use of fixed term contracts has deprived many employees of their rights to benefits and security of tenure. Simply put, it is going to make it very difficult to justify employing junior staff on a fixed term contract unless its’ for a specific defined project. Note –Junior employees only - Senior employees will be exempt – employ them on Fixed Term contracts as you want.

    For many of you this will mean a complete review of your current contracts of employment.
    Martin Coetzee
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    You may never know what results will come from your actions, but if you do nothing, there will be no results... Rudy Malan 05/03/2011

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    Site Caretaker Dave A's Avatar
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    ...and we are going to create 5 million jobs over the next ten years.

    I wonder if that goal is nett? ie. if we lose 2 million we have to create 7 million to make goal

    When is this new strategic co-ordination department of Trevor Manuel's going to start producing something. So far all I see in new government proposals and the political fluff from the ANC numzaans is stuff that works against each other.

    Sidenote: That 5 million jobs over ten years...? Personally I think that's still aiming too low to really make a significant difference in unemployment rates. We should be aiming to double employment in ten years.
    The trouble with opportunity is it normally comes dressed up as work.

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    Diamond Member tec0's Avatar
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    Would you mind to PM me a link please. I am really not liking where this Labour broking thing is going. I wouldn’t be bothered about creating jobs, in less than 2 years from now our PowerStation’s will be unusable, and from there we will hit rock bottom. It is noted that ISHKOM are now forcing there senior staff to take retirement while forcing more critical senior staff to stay on long past their retirement date. But no minority employment is to be allowed for 2011 Or so is the rumour.
    peace is a state of mind
    Disclaimer: everything written by me can be considered as fictional.

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    Site Caretaker Dave A's Avatar
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    An interesting twist in the "decent jobs" debate seems to have cropped up at the labour policy conference being held at the moment.
    Labour Minister Nelisiwe Oliphant added her voice to the debate on "decent work" at the annual labour policy conference in Pretoria on Monday.
    ...
    "Our aim is to create a policy framework to promote decent work."

    However, she added the "meaning of decent work" should include health and safety conditions of employees.
    ...
    "A living wage, yes, at a later stage it's going to be part of these things."

    President Jacob Zuma in his June 2009 state of the nation address said the "creation of decent workers will be at the centre of our economic policies".

    Last week ANC secretary-general Gwede Mantashe raised the ire of trade federation Cosatu when he said the party would push to create jobs first, then worry about "decent" jobs later.
    extracts from Fin 24 report here
    I was about to cheer thinking government has finally "got it" - until I remembered those proposed changes to labour legisation referred to in the OP.

    Now I'm just confused
    The trouble with opportunity is it normally comes dressed up as work.

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    Platinum Member sterne.law@gmail.com's Avatar
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    The 5 million jobs will be create din the Department of Labour. in terms o fteh employment services bill, you must fax them when you have a vacancy(on a form to be designed) and then fax them when the vacancy is filled.
    then dont forget when you have a vacancy you msut make use of the government services. Thats how you create 5 million jobs.
    Then make a law that where there is a fixed term contract after it expires you MUST offer them a full time job - HUH!
    No one has any ide awho drafted these amendments however no need for concern just yet. Based on past practices it should take at least 3 years before anything gets passed into law, hopefully before then some of the utter rubbish gets sorted out.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Site Caretaker Dave A's Avatar
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    Any chance these various musings from cabinet is a prepping of organised labour for a gentle let-down?

    This article from Fin24 makes it plain that government is aware of the negative impact the proposals will have on job growth.
    Last edited by Dave A; 27-Feb-11 at 08:17 AM.
    The trouble with opportunity is it normally comes dressed up as work.

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