Labour broking dominates hearings

Labour broking was the main focus of yesterday's public hearings into the proposed amendments to the country's labour laws.

The Department of Labour (DOL) says hundreds of employers and unionists engaged in rigorous debates at the hearings.

Draft amendments to the Labour Relations Act, Basic Conditions of Employment Act and Employment Equity Act, and a new piece of proposed legislation - the Public Employment Services Bill - were published in the Government Gazette in December.

Chief director for provincial operations at the department Marsha Bronkhorst says the hearings are an opportunity for stakeholders to see what the department intends to change.

“As expected, labour broking took the centre stage, with unions calling for an 'outright ban', while employers urged the department to regulate the practice,” says the DOL.

Deadline for comment on the proposed changes is 17 February.

Senior official at the DOL Ian Macun says the amendments were meant to respond to the “growth” of atypical employment in SA.

“We want to bring the law in line with developments in the labour laws. We also want to improve the functioning of labour market institutions.” He adds that the department has an obligation to ensure the labour laws conform to international standards.

Labour minister Mildred Oliphant said the ability to contribute to job creation, while - at the same time - striving for decent work will be the key tests of the department's policies.

Addressing the annual labour policy conference, she said: “We have to ensure that our policies do not have negative consequences for employment.

“Some may want to argue that our priority should be decent work. I would, however, caution against getting into an 'either/or' debate. What we ultimately want are jobs that are decent.”

She said it was, therefore, critical that Nedlac social partners engage seriously and vigorously around the proposed amendments to the labour law.

“I am sure we would all want the amendments to be passed into law as soon as possible so that the legal reforms can begin to change labour relations and the operation of the labour market for the better.''

Oliphant said through the proposed changes, the department wanted to strengthen the powers of the inspectorate.

“This will see non-compliance with the law being criminalised and penalties being increased for violation,” says the department.

In September, regulatory impact assessment report on the amendments and new Bills was compiled, which found some of the amendments are unconstitutional and could have de-stabilising effects in the labour market, causing job loss.

The Congress of SA Trade Unions says it “totally rejects” these findings of the report. “We shall also campaign relentlessly against the 'casualisation' of labour and for all workers to receive the protection they are entitled to under the labour laws and the constitution.”