Inspectors implored to be ready to enforce another “wave” of labour law amendments

Banner of the National Department of Labour together with the South African flag

09 October 2024

A “new wave” of labour law amendments is in the pipeline and inspectors have been advised to prepare themselves for its implementation.

Addressing a Department of Employment and Labour Inspection and Enforcement Services (IES) branch Employment Standards (ES) conference, Acting Deputy Director-General: Labour Policy & Industrial Relations Thembinkosi Mkalipi said a Nedlac Report, which will explain the changes and set out the agreements and disagreements between the social partners and will be submitted to the Minister by the end of October 2024.

Mkalipi said in his presentation - that post the Nedlac process, the Minister will be requested to table the Bill before Cabinet to approve for public comments.

“After public comments, the Minister will be requested again to table the Bill before the Cabinet for Parliamentary processes,” he said.

Mkalipi was addressing a Department’s Inspection and Enforcement Services (IES) branch Employment Standards (ES) conference held at Olive Convention Centre in Durban. The theme of the three-day conference ending tomorrow (10 October) is: “Advancing Social Justice through Effective Labour Inspections". It is being attended by Department officials, the International Labour Organization, inspectors, labour federations, business, and members of academia.

He said the latest labour law reform was initiated during 2021, following a proposal by Nedlac social partners.

The process which was to be undertaken in three phases focused on: amendments to labour laws to improve the efficiency of the labour market institutions mostly with respect to dismissals, retrenchments, collective bargaining, and strike action; codes of good practice and secondary legislation; and responding to changes in the labour market including protections for non-standard workers.

He said the latest amendments are intended to ensure labour laws remain relevant and responsive to the changes and challenges in the labour market, among others, which are unemployment, seeking what is it business and labour can sacrifice or give away to create employment without compromising job security, what can be done to help small businesses thrive and create employment.

The labour law proposals will focus on: simplification of procedural fairness; limit on compensation for procedurally unfair dismissals; excluding high-paid employees from certain statutory protection; inquiry by Arbitrator; redefining unfair labour practice, dismissal and retrenchment procedures; improved efficiency of bargaining councils; improved efficiency of the Labour Court; limit protection on probation; alignment of council/ agency jurisdiction; introducing a broader definition of employees.

Other changes include alignment of CCMA jurisdiction; limitation of liability; harmonisation of LRA and EEA dispute resolution; clarification and expansion of CCMA jurisdiction for severance pay claims; introduction of protection for workers who are required to be available for work but are not guaranteed work by their employers; retrenchment procedures; severance pay; exclusion from collective agreements; dismissals: qualifying period for new entrants into the labour market.

Although in recent years there have been amendments to some pieces of labour legislation like unemployment insurance and the compensation for occupational injuries and diseases – a major labour amendment was last undertaken back in 2009/10 and the changes came into implementation in 2013.

The key focus of 2013 reforms was to respond to increased informalisation to ensure that vulnerable categories of workers receive adequate protection and are employed in conditions of decent work; enhance the effectiveness of the primary labour markets institutions such as the Labour Court, the CCMA, the Essential Services Committee, and the labour inspectorate; strengthen the implementation of Employment Equity and enhance equal treatment in the workplace; and re-position the public employment services.

For more information, contact:

Teboho Thejane

Departmental Spokesperson

082 697 0694/ Teboho.Thejane@labour.gov.za

-ENDS-

Issued by: Department of Employment and Labour