Pretoria – Labour Minister Mildred Oliphant has reiterated that the amendments to the Basic Conditions of Employment Act (BCEA) Bill respond to the growth in the formalisation of work in the labour market, and aligns the BCEA with the Labour Relations Act (LRA) in addressing labour broking.
Last week, Oliphant tabled the Labour Relations Amendment Bill and the BCEA Bill in the National Assembly. The amended BCEA was adopted, while the LRA was not voted on.
On Monday, Oliphant explained that the main objective of the amendments to the LRA were to regulate contract work and sub-contracting to address the problem of labour broking and to prohibit certain abusive practices in relation to labour broking.
New wording and new clauses are introduced in section 198 of the LRA. These will have the effect of:
- Introducing additional protection for vulnerable workers, that is, employees who earn on or below the threshold prescribed in section 6 (3) of the Basic Conditions of Employment Act (BCEA);
- Limit genuine temporary employment to a period of three months;
- Allow for the use of fixed-term contracts for up to three months or for a longer period where there are justifiable grounds, and;
- Making provision for the regulation of part-time work.
“The amendments also seek to bring the provisions relating to child labour in line with international standards and to strengthen the mechanisms for enforcement of basic conditions of employment, including wages,” Oliphant said.
When the bill becomes law, it will prohibit work by children under the age of 15 years. It will strengthen the labour inspectorate and enforcement. The bill seeks to introduce measures to discourage non-compliance by, among other things, imposing heavier penalties.
It will also prohibit the unethical behaviour of requiring work seekers to pay a fee in order to be placed in employment opportunities. The law will also prevent employers from forcing employees to purchase goods from the employers' business as a condition of work.
On 12 June 2013, the world commemorated the International Day against Child Labour. Oliphant said the department would table the third phase of the Child Labour Programme of Action (CLPA).
“The third phase covers the period April 2013 to March 2017 and focuses on service delivery and implementation.” – SAnews.gov.za
