Minister to challenge legal action by Chinese Chamber of Commerce
Minister to challenge legal action by Chinese Chamber of Commerce
Released by Department of Labour on 28 January 2004
Minister of Labour, Membathisi Mdladlana is defending a legal
action in the Durban Labour Court tomorrow initiated by the Newcastle
Chinese Chamber of Commerce.
The Newcastle Chinese employers are taking action to prevent the
National Bargaining Council Agreement for the Clothing Manufacturing
Industry of July 2003 from being applied to them as well as preventing
the Bargaining Council from enforcing the terms of that
agreement.
"South Africa's Labour Legislation promotes and facilitates
collective bargaining at the workplace and at the sectoral level and
also gives effect to the right to fair labour practices by establishing
and making provisions for the regulation of basic conditions of
employment," said Minister Mdladlana.
Collective Agreements made in terms of the law are enforceable by
Bargaining Councils through their designated agents and the Department
of Labour's Inspectorate will ensure compliance with fair labour
practices and basic conditions of employment as set out in the law and
sectoral determinations.
"Social dialogue between trade unions, workers and employers are
key to fair labour practices and collective bargaining relations at
both the workplace and sectoral levels and is strongly encouraged," the
Minister said.
He said: "The resort to litigation by employers to prevent their
obligations in terms of legislation is not in keeping with the spirit
of the legislation to promote social dialogue.?
"Sound labour relations between employers and workers and their
trade unions are essential and critical to enhance productivity at the
workplace level," the Minister added.
Workers? wages for the Newcastle area are currently set by the
Bargaining Council agreement at between R983,99 and R1 894,63 depending
on skill level.
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