In the very different, but related field of labour law, there are similar battles being fought, as no less than four pieces of labour legislation are proposed to be amended and going through the parliamentary process at the moment. It has been widely reported that one of the drafts is likely to lead to certain racial groups being seriously prejudiced and, for instance, that coloured workers in the Western Cape are threatened with losing their jobs by the thousands.
Other critical issues raised by industry stakeholders (Source: APSO) are:
- All fixed-term employees will be considered permanent unless the employer can prove otherwise
- Temporary employment will effectively cease to exist; the only options being permanent or justified fixed-term contract
- The triangular employment relationship is repealed, effectively prohibiting the use of Temporary Employment Services as an intermediary
- Requirement to pay fixed-term employees the same wages & benefits as permanent staff
- Joint and several liability for sub-contractor (employer) and client company in respect to any unfair labour practice within an outsourced or subcontracted environment
- All vacancies and placements will have to be reported, as well as reasons why referred candidates (from Public Employment Services) were not successful, to be given to the Department of Labour within 14 days
- Fines ranging from 2% – 10% of turnover for non-compliance with the Employment Equity legislation
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