A coalition of trade unions, academic and research institutions, civil society organisations and human rights groups protested outside the National Economic Development and Labour Council (Nedlac) on Tuesday, calling for the scrapping of proposed amendments to the country’s rigid labour laws.
The bills, which are a result of discussions between the government, business, labour and community constituencies at Nedlac, propose 47 amendments to the Labour Relations Act (LRA); 13 amendments to the Basic Conditions of Employment Act; two amendments to the National Minimum Wage Act; and three changes to the Employment Equity Act.
The organisations, about 40 of them, including the SA Federation of Trade Unions (Saftu), argue the amendments would bring back “apartheid-style dismissals” where bosses called workers into their offices and dismissed them on the spot, “without any procedurally fair disciplinary hearings taking place”.
“Our main objections to the proposed labour law amendments are [that the laws] will end formal disciplinary hearings. Workers who are accused of [wrongdoing] at work won’t have the opportunity to defend themselves, nor call their union, nor call witnesses nor cross-examine company witnesses. Bosses can merely have a conversation with the worker before firing them,” the organisations said in a statement.
“Small businesses will be able to fire workers without even having a conversation. New workers and workers on probation can be fired in the first three months for no reason, with no conversation, let alone a hearing.
“This will create a massive new additional layer of unlawfully casualised workers who are hired permanently, then fired while on probation and replaced with new workers — an escape clause from section 198 of the LRA that says all workers are deemed to be permanent after three months. This will particularly affect women and youth workers in factories, farmworkers, domestic workers, security guards and labourers,” the organisations said.
Maggie Mthombeni, from one of the institutions, said the protest sought to achieve the scrapping of the bills as they undermined workers’ rights. When asked what the organisations would do if the bills were not scrapped, Mthombeni said: “We will fight until [the end].”
They anticipated that many companies would downsize and outsource to get their staff complement below 50, to pay low wages. This was because “businesses with fewer than 50 workers no longer have to pay the wages and conditions established by the bargaining councils”.
When contacted for comment, Nedlac executive director Makhukhu Mampuru said it was not his call to make to scrap the amendments. “The second thing is that, by their own admission, their own leaders … were involved in the discussions. It’s a process that has gone through all the necessary protocols of Nedlac, and a report was signed by all social partners. That said, we will take their memorandum to all the convenors and social partners … for a detailed response.”
According to labour law portal Labour Guide, the reforms to the various laws still have some way to travel before they become law. "The draft amendment bills will now make their way through the Parliamentary process after they are vetted by the State Law Advisor. Once the parliamentary process commences, opportunities will arise for public comment," it said.
Saftu national organiser Lebohang Phanyeko could not immediately be reached for comment. Saftu was against a decision by labour and employment minister Nomakhosazana Meth to publish a draft code of good practice on dismissal in the Government Gazette in January.
Affecting small employers, the draft code pertains to dismissals linked to poor performance, misconduct, participation in an unprotected strike and operational requirements.
“The key principle in this code is that employers and employees should treat one another with mutual respect. This code places a premium on employment justice, the efficient operation of an employer’s business and the expeditious resolution of disputes,” the code states.
The code, which does not alter the rights and obligations created under a collective agreement, states that small businesses “cannot reasonably be expected to engage in time-consuming investigations or pre-dismissal processes while keeping the business going”.
The draft code states “generally, dismissal is only an appropriate sanction if a continued employment relationship is intolerable”. It also states that participating in an unprotected strike, like any misconduct, “does not always deserve dismissal”.
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