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A review of SA’s labour laws is long overdue -Employment and labour Minister T.W Nxesi
Employment and Labour Minister TW Nxesi has called on Nedlac to lead a review on current labour laws, regulation and processes in order to cut red tape and administrative cost, especially for small medium and micro enterprises (SMMEs).
Minister Nxesi said: “By the way, a general review is probably due. There are signs that the present collective bargaining system is taking strain – and needs to be strengthened.”
The Minister was addressing the opening of the Nedlac’s 26th Annual Summit under the theme: “Recovering and Building Together”.
South Africa’s major amendment to labour legislation happened back in 2010 with a focus on the Labour Relations Act, the Basic Conditions of Employment Act, the Employment Equity Act, and the Employment Services.
The amendments to the four labour laws focused on:
Regulating labour brokers and atypical forms of employment;
Facilitating unionisation in vulnerable sectors;
Adding protection for vulnerable workers;
Improving the functioning of labour market institutions, including the CCMA, bargaining and statutory councils;
Addressing current problems in industrial disputes and dispute resolution;
Streamlining enforcement and enhancing compliance;
Promoting equity in the labour market.
Providing a new legal framework for the operation of public and private employment services.
Looking ahead, Minister Nxesi said in 2022 Nedlac would be called upon to tackle a number of additional priorities such as: plugging the holes in the social protection safety net and this would include a discussion about the very definition of what constitutes a ‘worker’ and an ’employee’.
He said another area of focus was a conversation and analysis of the impact of technological change and the Fourth Industrial Revolution on the world of work and on society in general. He also challenged Nedlac to address issues of energy and sustainability.
Minister Nxesi took time to reflect on the first year of the pandemic saying the Gross Domestic Product (GDP) fell by over 7% and the county lost well over one million jobs.
“And the pain continues – reflected in the most recent StatsSA unemployment figures – rising to 34.9%,” he said.
He said amidst the shadow of the beginnings of the Fourth Wave – early signs show that the new Omicron variant is more infectious than the Delta variant.
“The pandemic placed a heavy responsibility, not only upon government, but also on the social partners and Nedlac. I believe that in such periods of economic, social and political crisis that the need for social dialogue and strong institutions such as Nedlac becomes very apparent,” Nxesi said.
He said evidence from the Compensation Fund shows that the rate of infections in the workplace was much lower than in the community. He said the debate on mandatory vaccination has been referred by Cabinet to Nedlac for input from the social partners.
Minister Nxesi said through Nedlac efforts the Unemployment Insurance Fund has distributed over R60 billion – supporting distressed employers and reaching millions of laid-off workers, their families, and injecting cash into local economies across the country.
He welcomed Nedlac’s agreement on a drive towards a localisation plan of R200 billion over five years to drive employment and growth.
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