IVAN ISRAELSTAM - CEO OF LLMC

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NEW LABOUR BILLS TO WEAKEN EMPLOYERS AND STRENGTHEN JOB LOSSES

BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or via e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it. . Go to: www.labourlawadvice.co.za.

•  members of minority trade unions will be able to elect shop stewards.

•  labour broker employees will be able to exercise their trade union rights at the premises of the broker’s client.

•  unlawful strike action including violence and intimidation will be reduced.

•  arbitration awards certified by the Commission can be presented to the Deputy-Sheriff without the involvement of Labour Court writs.

•  applications for rescission on grounds of good cause may be brought before the CCMA.

•  employees engaged for a fixed term could claim dismissal on expiry of the term whether they have a reasonable expectation of continued temporary or permanent employment.

•  employers be permitted to dismiss senior executives (earning above a threshold to be determined) under certain circumstances without having to comply with the normal requirements of the LRA

•  labour brokers will not be able to supply employees to clients for longer than 6 months unless the employees are hired to do temporary work

•  employees of labour brokers will become employees of the client if they are employed to perform work over a period in excess of six months.

•  employers may not employ staff on fixed term contracts for longer than 6 months unless the nature of the work is of a limited duration or the employer can demonstrate any other justifiable reason for fixing the term

•  contractors and their clients will have joint and several liability for any failures to comply with the LRA or any employment law.

The new BCEA amendment bill’s intentions are that:

•  employers be prohibited from accepting any payment from any employees or potential employees in respect of their employment

•  the Minister may issue an “umbrella” sectoral determination covering employers and employees who are not covered by any other sectoral determination or by a bargaining council collective agreement

•  the right of the employer to lodge objections with the Director -General concerning a compliance order be removed from the Act.

I will delve into the ramifications of these amendments in my next articles.

To attend our Johannesburg CHANGES AND DANGERS IN LABOUR LAW seminar on 20 April 2012 contact Ronni on 0845217493 or This email address is being protected from spambots. You need JavaScript enabled to view it. .