1. Presentation on Labour Relations Amendment Bill and Basic Conditions of Employment Amendment Bill
Presented by:
Dianne Robinson
on behalf of
The Federated Hospitality Association of Southern Africa
12/07/26

2. Labour Relations Amendment Bill
S21 – Organisational Rights
Inclusion of S21(8)(b)(v) – By including TES, employer may be obliged to afford rights even if majority of it’s employees not members.
Non-standard forms of employment must be defined
Inclusion of S21 (8A) and (8B) – Undermines majoritarianism, leads to proliferation of unions, likely to increase inter-union tensions and makes thresholds meaningless (increases uncertainty)
Inclusion of S21 (8C) and (8D) – same concerns as raised for (8A) and (8B)
12/07/26

3. Labour Relations Amendment Bill
S64 – Strikes and Lock-outs
Inclusion of S64(1)(a)(iv) refers to a majority of members who ‘voted’ in favour rather than a majority of members
Inclusion of S64(6) – what constitutes a ‘properly conducted ballot’? Needs clarification in order to avoid uncertainty and unnecessary litigation
Inclusion of S69(6)(a) – Unreasonable to bind a third party to an agreement between two parties
12/07/26

4. Labour Relations Amendment Bill
Dispute Resolution
Inclusion of S115(2)(d) – Administrative assistance should apply equally to all users
Inclusion of S145(8) – prejudicial to small employers and in cases of mass dismissals. Discretion to remain with the LC instead
Inclusion of S158 (1B) – If CCMA does not have jurisdiction, all time and resources still expended unnecessarily until the end of arbitration. Contrary to accepted legal principles
12/07/26

5. Labour Relations Amendment Bill
Unfair Dismissals
Amendment to S187(1)(c) – Makes it near impossible for employers to change working conditions based on workplace realities. Lack of flexibility makes it extremely difficult to be competitive.
Fry’s Metal principles should remain
12/07/26

6. Labour Relations Amendment Bill
Unfair Dismissals
Inclusion of S188(B) – Unfair and open to constitutional challenge.
12/07/26

7. Labour Relations Amendment Bill
A-typical Employment
Insertion of S198A – In effect ‘bans’ TES as Companies will not use them due to increased risk. Unlikely that TES employees will be fully absorbed into client workforce – resultant significant job losses.
Proper policing of TES and Labour Brokers should rectify the matter.
Impact study done by Paul Benjamin should be seriously considered
12/07/26

8. Labour Relations Amendment Bill
A-typical employment
Insertion S198C – Part-time employment provides opportunities for unemployed and first time job seekers to gain experience
Proposed amendment will lead to job losses
Significant importance to employees as well
Part-time employment plays an extremely legitimate role in modern economy and should be encouraged rather than discouraged in a country where unemployment is at dangerous levels
12/07/26

9. Basic Conditions of Employment Amendment Bill
Amendment to S55(4)(b) – probable unintended consequence of employers paying only the minimum prescribed wages as it would lead to escalating salary bill and ever widening gap between minimum and non minimum wage earners
Insertion of S55(4)(g),(o) and (p) – proposed unilateral decisions by the Minister in this regard can have enormous implications for employers and employees. Nedlac should be consulted first
12/07/26