Publications
Partners
Johannesburg - Employers have until Thursday February 17 to submit their comments on the proposed changes to labour legislation.
In December, the department of labour announced the publication of four new bills: the labour relations amendment bill, the basic conditions of employment amendment bill, the employment equity amendment bill and the employment services bill.
"These bills could have a dramatic impact on employment law as we know it," said Aadil Patel, director and national head of the employment practice at Cliffe Dekker Hofmeyr business law firm on Monday.
"For example, repeat short-term contracts for freelance employees will have to be explained, employees doing the same or similar jobs will have to be paid the same wages and employers will have to register all employee vacancies on a government register," he said.
"It is crucial that the impact of the amendments be brought to the attention of the legislature, should employers wish to avoid some of the drastic consequences of the proposed amendments."
Patel said the labour relations amendment bill essentially proposes to stop the practice of repeated contracting of employees for short-term periods, and to place an onus on employers to justify the use of short-term contracts.
It repeals section 198, which deals with temporary employment services and introduces a new definition of employer and employee.
"The basic conditions of employment amendment bill aims to give the minister the power to prescribe thresholds of representatives of trade unions to have the organisational right of access to employer premises," he said.
"The bill criminalises contraventions of certain provisions of the Basic Conditions of Employment Act," said Patel.
He said the employment equity amendment bill aimed to prohibit abusive practices by ensuring that employees who work for the same employer receive the same pay as other employees performing the same, or substantially the same, work.
It further empowers the director general to impose fines on non-complying employers as a percentage of the annual turnover of the company.
The employment services bill is new and requires employers to register all vacancies with a government employment agency, Patel said.
The bill increases government's surveillance of employers and employment agencies.
Employers can submit comments online at www.labour.gov.za
In December, the department of labour announced the publication of four new bills: the labour relations amendment bill, the basic conditions of employment amendment bill, the employment equity amendment bill and the employment services bill.
"These bills could have a dramatic impact on employment law as we know it," said Aadil Patel, director and national head of the employment practice at Cliffe Dekker Hofmeyr business law firm on Monday.
"For example, repeat short-term contracts for freelance employees will have to be explained, employees doing the same or similar jobs will have to be paid the same wages and employers will have to register all employee vacancies on a government register," he said.
"It is crucial that the impact of the amendments be brought to the attention of the legislature, should employers wish to avoid some of the drastic consequences of the proposed amendments."
Patel said the labour relations amendment bill essentially proposes to stop the practice of repeated contracting of employees for short-term periods, and to place an onus on employers to justify the use of short-term contracts.
It repeals section 198, which deals with temporary employment services and introduces a new definition of employer and employee.
"The basic conditions of employment amendment bill aims to give the minister the power to prescribe thresholds of representatives of trade unions to have the organisational right of access to employer premises," he said.
"The bill criminalises contraventions of certain provisions of the Basic Conditions of Employment Act," said Patel.
He said the employment equity amendment bill aimed to prohibit abusive practices by ensuring that employees who work for the same employer receive the same pay as other employees performing the same, or substantially the same, work.
It further empowers the director general to impose fines on non-complying employers as a percentage of the annual turnover of the company.
The employment services bill is new and requires employers to register all vacancies with a government employment agency, Patel said.
The bill increases government's surveillance of employers and employment agencies.
Employers can submit comments online at www.labour.gov.za
