Is labour legislation harming employment?

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  • wynn
    Diamond Member

    • Oct 2006
    • 3338

    #16
    Aha! we have a new M&B in EL at the all new Hemmingways Mall!!!!
    Coffee the same price though.

    I personally don't have any staff at all but would consider venturing into the odd business if it was not for the fact that staff administration would take up more time than they are worth, or would require hiring someone just to administer the HR???

    In the past their were a lot of small builders who used to employ up to five staff permanently, more on occasions. (I am not talking about exploitative use of cheap labour here, they were paid well, rations, school fees and clothes for kids etc. a bit paternalistic perhaps) as soon as all the new unionisation and laws came in these guys rather packed it in and went and worked as storemen or such, so five guys and their families lost out for every small builder that closed.
    "Nobody who has succeeded has not failed along the way"
    Arianna Huffington

    Read the first 10% of my books "Didymus" and "The BEAST of BIKO BRIDGE" for free
    You can also read and download 100% free my short stories "A Real Surprise" and "Pieces of Eight" at
    http://www.smashwords.com/books/view/332256

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    • tec0
      Diamond Member

      • Jun 2009
      • 4624

      #17
      In deed one can argue to a point, short term employment is BS, yet if you look at government doing this YES they are responsible for giving short term contracts and all that. It is also true that not every business has an HR system and or even understands the basics of what Unions and the CCMA can do to you if reported.

      Well let’s point at a few factors when it comes to job creation and sustainability. Let’s take farming for example. Agriculture is sustainable if the government wants it to be. Purifying plants to increase fresh water availability is always looked at as a bit of a pipe dream but it is not. We have the technology and with more water we can expand our natural recourses to the point where we can produce product for export and be competitive.

      Now the scale of such an endeavour alone will insure work for generations to come. You will have construction, farming, manufacturing and end product that can sustain us for the future. Also make no mistake we need it because in the future our food demands will double!

      South Africans are use to easy money, and imports but fact is our “natural rescores” WILL NOT last forever and we need to look at the future.

      Job legislation is as useful as brick in the ocean! We need to look at the problem and it is not always the business owner that is creating the problems! Before you can have labour legislation make sure there is enough jobs!
      peace is a state of mind
      Disclaimer: everything written by me can be considered as fictional.

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      • BBBEE_CompSpec
        Suspended

        • Oct 2009
        • 390

        #18
        Vavi will never get what he wants right. I open businesses everyday. If you don't want staff take on learners. They never belong to you. You don't even have to pay them. I have just left East London. In Johannesburg for Chemo. I haven't had the honour of seeing the new mall yet. Lost hope with Hemmingways. Read my articles. I am sure you will pick up a tip or two. Remember, advice is free.

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        • BBBEE_CompSpec
          Suspended

          • Oct 2009
          • 390

          #19
          There are plenty of jobs available. Just not the ones that most people want. I cannot find appys or learners in the motor industry. They don't want to get their hands dirty.

          I have to agree with you as far as farming is concerned. I have just attended the Agriseta Convention. I hope they can accomplish what they have set out to do.

          As far as legislation, learning the laws and unions are concerned, this is where we can help each other. I am re releasing my hard cover book on "Making your union act more professionally". I have also released my 21st Edition of "The S M E Human Resources/Industrial Relations Toolkit" in CD/DVD format. Everything you need to know. 650mb of pure wisdom. My best ever.

          I need to get back on my feet. I have been on my back for seventeen weeks, now. I need to get back to work.

          Comment

          • sterne.law@gmail.com
            Platinum Member

            • Oct 2009
            • 1332

            #20
            Originally posted by Dave A
            That's fine for big companies with an HR department. For small business owners who's main skill is in what their business produces, this is a whole pile of non-core activity.
            At the risk of being cliched - what is a business without your staff? But yes with a small business it is tough. Just the mountain of legislation is scary - safety officer, employment equity, this licence that licence etc, etc. Interestingtly this is something I have found occuring in the last 2 weeks, where a SME has asked if I can perform teh HR role as an outsourced consultant, rather than just the legal guy. It seems it could be quite a need. ANy suggestion from the owners? Would a outsourced HR be viable, make sense and can it work for a SME?
            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.

            Comment

            • wynn
              Diamond Member

              • Oct 2006
              • 3338

              #21
              Opportunities are there all the time, but because of HR admin and onerous employment laws, most of those opportunities are ignored.

              My aunt wants her house painted?
              In the old days I would have gone to the local paint shop, got a recommendation for a good freelance painter and his assistants and gone and given a quote.
              If I got the job her next door neighbor would have asked if I could repair her driveway, the old man across the road would have needed his fence fixed and the widow down the road wants the leak in her roof sorted out and so on.
              Today I would tell her to look in the yellow pages for a painting contractor and she will wind up paying the earth for the priveledge. The others jobs will remain undone.

              If this was my business, outsourcing HR would be part of the solution, but so would outsourcing the labour.

              There were builders/developers/project managers who employed no staff, but who provided work and paid well.
              They would calculate the job down to the finest detail and then subby the work to labourers to clear site, wetwork contractors, plumbers, roofers, electricians, tilers, decorators, etc.
              But without the core staff to do the clearing, foundations, floor and wetwork the rest cant get the subcontract either, so the whole thing falls down, because the labourers cant be employed to do a simple but well paid job then move on without all the other BS.
              "Nobody who has succeeded has not failed along the way"
              Arianna Huffington

              Read the first 10% of my books "Didymus" and "The BEAST of BIKO BRIDGE" for free
              You can also read and download 100% free my short stories "A Real Surprise" and "Pieces of Eight" at
              http://www.smashwords.com/books/view/332256

              Comment

              • BBBEE_CompSpec
                Suspended

                • Oct 2009
                • 390

                #22
                It has worked for me in the past. It has major limitations though. We are going to eventually have to go to consultation. It limits us at the CCMA.

                Comment

                • AmithS
                  Platinum Member

                  • Oct 2008
                  • 1520

                  #23
                  If you are operating a business in a certain area and for that particular industry there is a bargaining council active that prescribes min wages, leave, hours, etc...

                  Do you have to follow these as set out by the bargaining council ?

                  Thanks in advance

                  Comment

                  • BBBEE_CompSpec
                    Suspended

                    • Oct 2009
                    • 390

                    #24
                    The Building industry Bargaining Council is only there to control the Provident Funds that were in place prior to March 1 2003. There are no Bargaining Rules in place as yet. I will check for further legislation for you.

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