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Engineering News reports that negotiations between organised business, organised labour and government, led by the Department of Employment and Labour (DEL), on a substantive labour law reform process have now concluded.
The negotiations between these social partners have been ongoing since April 2022. The result of the conclusion of negotiations is 47 amendments to the Labour Relations Act (LRA), 13 amendments to the Basic Conditions of Employment Act (BCEA), two amendments to the National Minimum Wage Act and three amendments to the Employment Equity Act (EEA). The social partners' mandates are documented in a National Economic Development and Labour Council (Nedlac) report, which has been processed according to Nedlac’s governance structures. The report has been submitted to DEL Minister Nomakhosazana Meth and the Amendment Bills will now be submitted to the State Law Adviser for vetting before proceeding to Cabinet and Parliament. Among the changes that the social partners have agreed upon is a new Code of Good Practice on Dismissals, consolidating the previous two codes of good practice on dismissals and dismissals for operational requirements, while making special provisions for small businesses. This code has now been published for public comment. While the different constituencies sought various, sometimes conflicting, outcomes from the process, Nedlac said that the challenging negotiations were ultimately successful, in large part owing to the guidance of facilitators and support from legal drafters. Significant consensus was achieved on a number of key amendments (listed in Engineering News report).
- Read the full original of the report in the above regard at Engineering News
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