• Change of culture needed

    The right leadership will help SA shed its culture of violence, says Mandi Smallhorne.

  • 10 tips to find bargains

    Susan Erasmus gives advice on how bargain hunters can get the most bang for their buck.

  • Inside Labour

    Labour's bitter breaches need to be seen in historical context, says Terry Bell.

See More

Labour law changes 'significant'

Nov 21 2012 15:50 Sapa

Related Articles

Oliphant: No excuse for lawless strikes

Labour laws 'not cause of economic ills'

ILO: SA labour laws not too rigid

Small firms ignore UIF

SA firms shirk labour laws - judge

Proposed labour laws will cost jobs

Cape Town - Proposed changes to labour legislation will have a significant impact on how employers conduct their business, labour experts said on Wednesday.

The draft employment equity amendment bill introduced a new form of unfair discrimination said Johan Botes, employment practice director at commercial law firm Cliffe Dekker Hofmeyr.

"This will regulate situations where different employment conditions are applied to different employees who do the same or similar work (or work of equal value)," he said in a statement.

Unless the employer could show that differences in wages or other conditions of employment were, in fact, based on fair criteria, such as experience, skill, and responsibility, such conduct would constitute unfair discrimination.

Regarding affirmative action, Botes said the labour department would have more powers to fine companies which did not comply with their employment equity obligations.

The quantum of fines would be increased and could also be determined by making reference to the employer's annual turnover.

"Furthermore, the group of people who benefit from affirmative action will now be limited to persons who were citizens of South Africa before the democratic era (or would have been entitled to citizenship, but for the policies of apartheid), and to their descendants."

This meant that the employment of people who were foreign nationals, or who had become citizens after April 1994, could not assist employers meet their affirmative action targets, he said.

Employment practice associate Mark Meyerowitz said the proposed amendments would also affect a company's use of contract workers.

"In line with proposed amendments to the Labour Relations Act... employees who are placed with a client by a labour broker for longer than six months will be deemed to be employees of the company for the purposes of affirmative action."

The draft employment services bill was a new government initiative that would set up a public "employment services agency", and also provided for regulating and registering private employment services agencies.

"These agencies are not labour brokers but institutions that will provide job seekers with certain services, such as matching job seekers with available work opportunities, registering job seekers, job vacancies, and facilitating other employment opportunities."

"The bill would also set up a nationwide database to monitor employment and assist with government's goal of creating more jobs, decent work, and sustainable livelihoods," Meyerowitz said.


Read Fin24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Add your comment
Comment 0 characters remaining

Company Snapshot

Brought to you by BizNews

More from BizNews

We're talking about:


Johannesburg has been selected to host the Global Entrepreneurship Congress in 2017. "[The congress] will ensure that small business development remains firmly on the national agenda and the radar screen of all stakeholders, the Small Business Development minister said.

Top 10 richest musicians of all time

Check out the gallery to find out who they are!


Luxury living

10 of the most expensive things that will leave your jaw hanging!
Seven of the most expensive children's toys ever made
5 millionaires turned murderers
The youngest billionaires in the world and how they made it

Money Clinic

Money Clinic
Do you have a question about your finances? We'll get an expert opinion.
Click here...

Voting Booth

How do you see your boss? He/sheis:

Previous results · Suggest a vote