1. PROGRESS MADE REGARDING LEGISLATION PORTFOLIO COMMITTEE ON LABOUR
15 NOVEMBER 2011

2. POLICY MANDATE Mandate statement:
To regulate the labour market through policies and programmes developed in consultation with social partners, which are aimed at:
improved economic efficiency and productivity; employment creation; sound labour relations; eliminating inequality and discrimination in the workplace; alleviating poverty in employment; enhancing occupational health and safety awareness and compliance in the workplace, as well as nurturing the culture of acceptance that worker rights are human rights.

3. OVERVIEW OF LEGISLATION
LRA
To provide a framework within which employees and their trade unions, employers and employers organisations can –
Collectively bargain to determine wages, terms and conditions of employment and other matters of mutual interest; and
Formulate industrial policy; and
To promote:
Orderly collective bargaining;
Collective bargaining at sectoral level;
Employee participation in decision-making in the workplace; and
The effective resolution of labour disputes (establishment and functioning of CCMA dealt with)

4. Overview of legislation cont.
2. BCEA
To give effect to and regulate the right to fair labour practices
conferred by section 23 (1) of the Constitution-
By establishing and enforcing basic conditions of employment; and
By regulating the variation of basic conditions of employment;
To give effect to obligations incurred by the Republic as a members
state of the ILO.

5. Overview of legislation cont.
3. EEA
To achieve equity in the workplace by –
Promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination; and
Implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure their equitable representation in all occupational categories and levels in the workforce.

6. NEDLAC PROCESS
Initiated NEDLAC discussions in 2009 on basis of Discussion document; “Decent work and non-standard employees: Options for legislative reform in South Africa.”
Areas of possible amendment identified through NEDLAC discussions and drafting commenced in early 2010.
Draft Bills approved by Cabinet in December 2010
Labour law amendment bills published for public comment on 17 December 2010
Public consultations held in all nine Provinces in addition to written comments received

7. Bills published (GG 33873; 17/12/2010)
Labour Relations Amendment Bill, 2010
Basic Conditions of Employment Amendment Bill, 2010
Employment Equity Amendment Bill, 2010
Employment Services Bill, 2010

8. NEDLAC PROCESS cont.
Policy themes identified for discussion by Labour Law Amendment Task Team:
Atypical employment relationships
Dispute resolution
Compliance and enforcement
Access to employment
Equity
Collective bargaining

9. Theme 1: Atypical employment relationships
Scope of atypical employment relationships
Addressing problem areas in atypical employment in a way that is conducive to job creation and decent work
Prohibiting abuse practices, including child labour
Protecting categories of employee (fixed term contract, temporary and part-time employees)

10. Theme 2: Dispute resolution
Effectiveness of the CCMA
Effectiveness, jurisdiction and power of the Labour Court
Disputes in the public interest
Essential services
Capacity of bargaining councils iro dispute resolution
Accreditation of private dispute resolution agencies
Operational requirement dismissals

11. Theme 3: Compliance and enforcement
Strengthening the power of the inspectorate
Streamlining enforcement, strengthening compliance
Administrative and criminal sanctions
Capacity building of inspectorate
Public private partnerships
Addressing child labour

12. Theme 4: Access to employment
The role and function of public employment services
Private employment services
Labour market information & reporting
Creating decent work
Public private partnerships: Employment services and PPE
Promotion of Youth Employment
Probation
Cost of doing business/compliance costs

13. Theme 5: Equity Equal pay for work of equal value Reporting
Enforcement and compliance issues
Compliance costs
Discrimination disputes

14. Theme 6: Collective bargaining
Protecting vulnerable workers
Bargaining councils and statutory councils
Sectoral determinations
Violence in strikes
Protest action
Organisational rights

15. Status of Negotiations
Atypical employment relationships
Discussions focus around amendments to Section 198 of the LRA and cover Temporary Employment services, fixed term contracts, organizational rights, probation, public employment schemes and part-time employees.
Dispute resolution
Amendments are proposed to approximately 36 sections and subsections of the LRA dealing with operations of the CCMA and dispute resolution.
Essential services and strike violence will be dealt with under the theme of collective bargaining.

16. Status of Negotiations (cont)
Collective Bargaining
DOL proposed 13 areas of amendments to the LRA and BCEA that cover protection of vulnerable workers, improve the role and function of bargaining councils and statutory councils, deal with violence in strikes and improve the functioning of essential services
Compliance and Enforcement
Proposed amendments cover the strengthening of the powers of the inspectorate,

17. Status of Negotiations (cont)
streamlining enforcement and compliance, administrative and criminal sanctions and addressing child labour

18. WAY FORWARD
Legal drafting has commenced on Collective Bargaining and compliance and enforcement.
All negotiations on the LRA and BCEA should be concluded by end of November 2011
It is envisaged that the drafting of all amendments to the LRA and BCEA be concluded by middle December 2011
Negotiations will continue on the other themes and Bills.

19. THANK YOU