Labour bills stop short of banning brokers

2012-03-22 12:48

Cape Town - Cabinet has approved the basic conditions of employment amendment bill and the labour relations amendment bill that deal with the controversial issue of labour-broking, without heeding Cosatu's call to ban the practice.

Labour Minister Mildred Oliphant told a post-cabinet briefing on Thursday that the government had implemented the ANC's resolutions on the issue, and not those of its trade union federation ally the Congress of SA Trade Unions.

Oliphant said the legislation, therefore, rather sought to prevent the abuses that had been associated with labour-broking and did so in part by limiting temporary employment to a period of six months.

"We are saying temporary work will be limited to six months."

The two bills, long debated in the National Economic Development and Labour Council, will now be submitted to parliament.

The legislature will then hold public hearings on the bills.


  • Lizette - 2012-03-22 14:24

    Hi I would like to inform you that the facts contained in your article is not totally correct. Temporary employment will be allowed for more than six months if the scenario below is taken into consideration : The amendments introduce regulation of fixed term contracts for those who earn below the threshold. An employee may be employed on a fixed term contract for longer than six months only if the work is of limited duration or the employer can demonstrate a justifiable reason for fixing the term of the contract. An employee who is employed for longer than six months is deemed to be employed for an indefinite period and must be treated no less favourable than a permanent employee doing the same or similar work. The provisions relating to fixed term contracts do not apply to an employer who employs less than 10 employees, nor does it apply to an employer who employs less than 50 employees and whose business has been in operation for less than two years.

      Hano - 2012-03-22 18:38

      Thanks Lizette. Where can I get more info

      Thebe Kgosana - 2012-03-22 20:36

      Do you think they'll ban labour brokers..?

  • Vincent - 2012-03-23 07:24

    Labour Brokers are actually employment agencies. When I needed people of particular skills, I was able to employ people who could do the job from the labour brokers. I there are no labour brokers, where would I find the skills I need? On the over-populated street corners? How about attacking the employment agencies? Why don't we throw practicalities out with bath water while we are at it?

  • acsteyn - 2012-03-25 15:17

    Too many people rely on labour brokers for their very existance. I agree 100% that the ones who take advantage of employees must be rooted out. But that is almost saying that people who have received RDP houses may not rent them out or sell them. And then, why is it law that employers deduct union fees from emp,loyee's salraies and pay over the lump sum to the unions without a collection fee of some sort? Clearly the Unions are incompetent and would not exist if this system was not legislated. Why do we allow ourselves to be caned by the very people that we keep in the pound seats. Why have unions at all? Do our labour laws not take care of employee/employer relationship adequately? And if it does not, why not?

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