New Labour Laws, Old Headaches

Greig WhittonFounder, Evergrow

Kirsten Van Bever DonkerGuy & Associates

Paul CooleyFounder, Workplace Strategies

Webinar outline

• Why all the change?

• Changes to the Basic Conditions of Employment Act

• Changes to the Labour Relations Act

• Changes to the Employment Equity Act

• The Employment Services Bill

• Enforcement changes

Why all the change?

• Gaps and grey areas in current legislation

Why all the change?

• Gaps and grey areas in current legislation

• Political implications of labour issues

Changes to the BCEA

• Additional ministerial powers:

− “Umbrella” sectoral determinations

− Minimum remuneration increases (on top of base minimum wages)

Changes to the LRA

• Regulation of temporary employment:

− Temporary employment service providers must be registered

− If a temporary service provider and its client are jointly and severally liable, then

legal proceedings, compliance orders, and arbitration awards may apply to both

Changes to the LRA

• Protection of temporary employees:

− Temporary employees contracted via a temporary employment service provider

will be deemed to be employees of the contracting client after several months

− Fixed-term employment must be justified in writing or be deemed full-time

− Temporary, fixed-term, and part-time employees must be treated no less

favourably than full-time employees performing similar work

Changes to the LRA

• Clarification of dismissal:

− Termination of employment is dismissal whether there is a written contract or not

− Terminating fixed-term employees who reasonably expected full-time employment

will be considered dismissal as well

Changes to the EEA

• Tighter definition of “designated groups”:

− Foreign nationals and those who became citizens after April, 1994, will no longer

contribute to affirmative action targets

Changes to the EEA

• Discrimination extended:

− The definition of “discrimination” will be extended to unequal pay for equal work,

and any other arbitrary ground not otherwise listed in the Act

The Employment Services Bill

• Additional employment regulation:

− The Department of Labour will provide free employment services

− Private employment agencies will need to be licensed

− You must use public employment services before employing foreign nationals

− Employers in designated sectors will need to notify the Department of Labour

about any job vacancies that are created or filled

Enforcement changes

• Quicker compliance procedures:

− Labour inspectors will no longer need to get a written undertaking

− The DoL can apply directly to the Labour Court to enforce compliance orders

− CCMA awards can be directly presented to the Deputy-Sheriff for execution

Enforcement changes

• Stiffer penalties:

− Maximum jail terms increased to six years for certain breaches

− Maximum fines increased by 200% for certain breaches

Need more help?

• Evergrow forums

• Webinars

• Greig: 021 671 8225

• Kirsten: 021 418 2105