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Johannesburg - Amendments to labour legislation will protect workers by tightening up laws around labour broking, the department of labour said on Wednesday.
Temporary work would be defined as that lasting no more than six months, said chief director of collective bargaining Thembinkosi Mkalipi.
"After six months, I cannot be treated differently from other employees, no matter if I am employed by the broker or the client," he said.
"Let's give workers what is due to them."
This could be summarised as "same treatment and same pay for the same work".
Exceptions included workers who earned more than R172 000 per year, certain types of seasonal work and contracts to replace staff on sick leave.
Regulating labour brokers
Despite pressure from labour unions, Mkalipi said the department saw greater value in regulating labour brokers through the law than abolishing them.
Dumisani Dakile of Cosatu said labour was "highly disappointed" that broking had not been outlawed in the bills.
"Slavery was far better than labour broking," he said in question time.
The purpose of the briefing was to inform the public about the amendments to the Labour Relations Act and the Basic Conditions of Employment Act.
Briefings would be held across the country until the end of April.
Labour Minister Mildred Oliphant submitted the bills to the cabinet committee on March 14, and their submission to parliament was approved the following week.
Mkalipi said parliament could put the bills up for further public hearings, but the department had conducted these in 2010 and would not make further changes.
Aid the CCMA
The amendments will also increase the efficiency of the Commission for Conciliation, Mediation and Arbitration (CCMA), Mkalipi said.
The functions of the commission would be expanded to ensure it better served workers, he said.
For example, illiterate people would have their dispute forms filled out for them. Many poor workers did not have access to facilities such as fax machines, which were needed in the resolution of issues.
Mkalipi said the CCMA would be required to provide these services under the proposed legislation.
Employers frequently applied to the courts for reviews of CCMA rulings. This should be the exception, rather than the rule, he said.
In future businesses would be required to give money to the courts as security, and the labour court should resolve each matter within six months.
"If you've got a strong case, you must be prepared to put your money where your mouth is," Mkalipi said.
"Remember, the poor worker isn't getting paid."
Under the amendment bills, the CCMA would no longer entertain claims of unfair dismissal from high income earners "unless you can come up with issues that are automatically unfair, like racism", he said.
The minister would decide what threshold would determine "high income", but it was expected to be around R1m per year.
Temporary work would be defined as that lasting no more than six months, said chief director of collective bargaining Thembinkosi Mkalipi.
"After six months, I cannot be treated differently from other employees, no matter if I am employed by the broker or the client," he said.
"Let's give workers what is due to them."
This could be summarised as "same treatment and same pay for the same work".
Exceptions included workers who earned more than R172 000 per year, certain types of seasonal work and contracts to replace staff on sick leave.
Regulating labour brokers
Despite pressure from labour unions, Mkalipi said the department saw greater value in regulating labour brokers through the law than abolishing them.
Dumisani Dakile of Cosatu said labour was "highly disappointed" that broking had not been outlawed in the bills.
"Slavery was far better than labour broking," he said in question time.
The purpose of the briefing was to inform the public about the amendments to the Labour Relations Act and the Basic Conditions of Employment Act.
Briefings would be held across the country until the end of April.
Labour Minister Mildred Oliphant submitted the bills to the cabinet committee on March 14, and their submission to parliament was approved the following week.
Mkalipi said parliament could put the bills up for further public hearings, but the department had conducted these in 2010 and would not make further changes.
Aid the CCMA
The amendments will also increase the efficiency of the Commission for Conciliation, Mediation and Arbitration (CCMA), Mkalipi said.
The functions of the commission would be expanded to ensure it better served workers, he said.
For example, illiterate people would have their dispute forms filled out for them. Many poor workers did not have access to facilities such as fax machines, which were needed in the resolution of issues.
Mkalipi said the CCMA would be required to provide these services under the proposed legislation.
Employers frequently applied to the courts for reviews of CCMA rulings. This should be the exception, rather than the rule, he said.
In future businesses would be required to give money to the courts as security, and the labour court should resolve each matter within six months.
"If you've got a strong case, you must be prepared to put your money where your mouth is," Mkalipi said.
"Remember, the poor worker isn't getting paid."
Under the amendment bills, the CCMA would no longer entertain claims of unfair dismissal from high income earners "unless you can come up with issues that are automatically unfair, like racism", he said.
The minister would decide what threshold would determine "high income", but it was expected to be around R1m per year.
