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The Basic Conditions Amendment Act formally a law of SA – Department of Labour

The Basic Conditions Amendment Act, 2013 and its Administrative Regulations published on 29 August 2014 came into effect on the 1st of September 2014.

The objectives of the amendments to the Basic Conditions of Employment Act are to address government’s commitment to avoid exploitation of workers, to ensure decent work for all workers, to protect the employment relationship, to introduce laws to regulate contract work, to sub-contracting and out-sourcing, to address the problem of labour broking, to prohibit certain abusive practices, effect certain consequential amendment as a result of the insertion of new definitions and to effect certain textual corrections, to strengthen the implementation and enforcement mechanisms of the Act, e.g. increased fines for non-compliance and to ensure South Africa’s compliance with International Labour Standards (Conventions 100 & 111).

The Basic conditions of Employment Act was amended so as to substitute certain definitions, to prohibit employers from requiring employees to make payments to secure employment and from requiring employees to purchase goods, services or products, to prohibit anyone from requiring or permitting a child under the age of 15 years to work, to make it an offence for anyone to require or permit a child to perform any work or provide any services that place at risk the child’s well-being.

The Act also provide for the Minister to publish a sectoral determination for employees  and employers who are not covered by any other sectoral determination, to provide for the Director-General to apply to the Labour Court for an employer to comply with a written undertaking by the employer, to provide for a compliance order, to delete certain obsolete provisions, to provide the Labour Court with exclusive jurisdiction in respect of certain matters; Provide for certain offences and penalties, to increase the penalties for certain offences, and to provide for matters connected therewith.

Media Statement: Department of Labour: 02 September 2014

 

New Amendments to Labour Legislation 

The President assented to the Labour Relations Amendment Act on 17 August 2014. The Department of Labour indicated that they are currently working on the regulations that will accompany the newly-signed law before it is promulgated.

In addition The Department of Labour indicated that they will approach the President with the hope that it would be signed before the beginning of October 2014.

Labour Guide received numerous requests for training on this subject matter. We are committed to deliver a quality service that offers the best value for delegates and have decided not to commence with training before there are more clarity or before the actual date of promulgation.  We believe that it will be more beneficial to delegates to work with facts rather than to speculate on dates of a possible date for promulgation.

Kindly follow this link for more information and/or the outline of the workshop.  Labour Guide will commence with training once the new amendments are promulgated "Preliminary" bookings can also be made by completing the relevant booking form.

We will contact with you and inform you of the confirmed date as soon as available. (hopefully before 1 October 2014)

For more information please contact

MODULE 1: LABOUR RELATIONS AMENDMENT ACT

Trade Unions & Organizational Rights

  1. Amendment of section 21 - Exercise of rights conferred by this Part
  2. Amendment of section 22 - Disputes about organisational rights
  3. Amendment of section 32 - Extension of collective agreement concluded in bargaining council
  4. Amendment of section 49 - Representativeness of council
  5. Amendment of section 51 - Dispute resolution functions of council
  6. Amendment of section 65 - Limitations on right to strike or recourse to lockout
  7. Amendment of section 67 - Strike or lockout in compliance with this Act
  8. Amendment of section 69 - Picketing
  9. Amendment of section 111 - Appeals from registrar's decision

The CCMA, arbitration awards, rescission and review proceedings

  1. Amendment of section 115 - Functions of Commission
  2. Amendment of section 138 - General provisions for arbitration proceedings
  3. Amendment of section 143 - Effect of arbitration awards
  4. Amendment of section 144 - Variation and rescission of arbitration awards
  5. Amendment of section 145 - Review of arbitration awards
  6. Amendment of section 147 - Performance of dispute resolution functions by Commission in exceptional circumstances
  7. Substitution of section 150 - Commission may appoint commission to conciliate in public interest

The Labour Court

  1. Amendment of section 157 - Jurisdiction of Labour Court
  2. Amendment of section 158 - Powers of Labour Court
  3. Amendment of section 161 - Representation before Labour Court

Dismissals

  1. Amendment of section 186 - Meaning of dismissal
  2. Amendment of section 187 - Automatically unfair dismissals
  3. Amendment of section 188A - Agreement for pre-dismissal arbitration
  4. Amendment of section 189A - Retrenchments
  5. Amendment of section 190 - Date of dismissal
  6. Amendment of section 191 - Disputes about unfair dismissals

Temporary Employment Service Providers (Labour Brokers) and Fixed term Contracts

  1. Amendment of section 198 - Temporary Employment Services
  2. Insertion of sections 198A to 198D
  • Application of section 198 to employees earning below earnings threshold – 198 “temporary service”
  • Insertion of section 198 B: Fixed term contracts with employees below earnings threshold
  • Insertion of section 198 C – Part – time employment of employees earning below earnings threshold
  • Insertion of section 198 D General provisions applicable to sections 198 A to 198C
  1. Amendment of section 200A – Presumption as to who is an employee

29.  Insertion of section 200B – Liability for employer’s obligations

MODULE 2: BASIC CONDITIONS OF EMPLOYMENT AMENDMENT BILL

  1. Amendment of section 1 – Definitions
  2. Insertion of section 33A - Prohibited conduct by employer
  3. Substitution of section 43 - Prohibition of (employment of) children
  4. Substitution of section 44 - Employment of children of 15 years or older
  5. Substitution of section 45 - Medical examinations
  6. Amendment of section 46 - Prohibitions
  7. Substitution of section 47 - Evidence of age
  8. Amendment of section 55 - Making of sectoral determination
  9. Amendment of section 68 - Securing an undertaking
  10. Amendment of section 69 - Compliance order
  11. Amendment of section 70 - Limitations
  12. Repeal of 71 - Objections to compliance order and section 72 - Appeals from order of Director-General
  13. Substitution of section 73 - Order may be made order of Labour Court
  14. Amendment of section 74 - Consolidation of proceedings
  15. Amendment of section 77 - Jurisdiction of Labour Court
  16. Amendment of section 93 - Penalties
  17. Amendment schedule 2            

Outcome

Attendees will fully understand the changes that are to be made to the Labour Relations Act as well as the Basic Conditions of Employment Act, enabling them to effective manage the impact these changes may have on their businesses / organization.

Price: 

  • R 1980-00 (incl. Vat) per delegate
  • Price include course material, certificates of attendance, legislation and catering/ refreshments 
  • Safe and secure parking

For further information contact:

  •   Peraldo Senekal (012) 661 3208
  •   fax: (012) 661 1411
  •  

Kindly follow this link for more information and/or the outline of the workshop.  Labour Guide will commence with training once the new amendments are promulgated "Preliminary" bookings can also be made by completing the relevant booking form.

 

 

Subcategories

Articles / Caselaw updates provided by:

 

Articles / Caselaw updates provided by:

 

Articles / Caselaw updates provided by:

 

Case Law Summaries and Articles

 

Can employees be dismissed for refusing to accept new terms and conditions of employment?

Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, “yes”.

Read More >>>

 

Escape route: “Resignation with immediate effect”

The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga has brought about more uncertainty as to whether an employee who resigns with immediate effect shortly before a disciplinary hearing can avoid disciplinary action and subsequent dismissal.

Read More >>>

 

Freedom of expression or incitement to commit an offence? A constitutional challenge

On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF and other v Minister of Justice and Constitutional Development and other (87638/2017 and 45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional.

Read More >>>

 

Consolidated, comprehensive or general final written warnings

Regarding dismissal, according to the Code of Good Practice, “the courts have endorsed the concept of corrective or progressive discipline. This approach regards the purpose of discipline as a means for employees to know and understand what standards are required of them.

Read More >>>

 

 

 

 

 

 

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