Labour Legislation

Department:

Department Labour

Summary:

The Bill makes provision for secret ballots prior to calling a strike. It also expands the operational functions of the CCMA by including an arbitration panel and allows Labour Inspectors to apply to the CCMA make compliance orders and agreements arbitration agreements.  


Effect on agribusiness:

Aside from the provisions seeking to replace the jurisdiction of the Labour Court with the CCMA to give legal effect to compliance orders and agreements, which is questionable, the Bill should have a positive impact on agribusinesses. The secret ballot provision ensures more accountability by labour unions prior to calling strikes which will certainly help labour intensive agribusinesses such as pack houses to manage labour market instability. 


Process:

The Bill was published for public comments, passed Nedlac and has now been introduced into the National Assembly. 


Status:

  • 1
    Policy formulation Bill passed
  • 2
    Gazetted Bill passed
  • 3
    Nedlac Bill passed
  • 4
    National assembly Current status
  • 5
    NCOP Not started
  • 6
    Promulgation Not started
  • 7
    Accented Not started
  • 8
    Force of law Not started

Department:

Department Labour

Summary:

An in-principle agreement on a national minimum wage was reached at Nedlac and announced by Deputy President Ramaphosa. However, a dedicated Bill will be required to give it the force of law.


Effect on agribusiness:

The Bill will impose a national minimum wage effective on all empoloyees in every sector.


Process:

A draft Bill is currently under discussion at Nedlac


Status:

  • 1
    Policy formulation Bill passed
  • 2
    Gazetted Bill passed
  • 3
    Nedlac Bill passed
  • 4
    National assembly Current status
  • 5
    NCOP Not started
  • 6
    Promulgation Not started
  • 7
    Accented Not started
  • 8
    Force of law Not started

Department:

Department Labour

Summary:

This Private Member’s Bill makes provision for compulsory, paid paternity leave.


Effect on agribusiness:

Agribusinesses may have to amend their leave policy to accommodate the provisions of this Bill.


Process:

This is a private member’s Bill which was passed by the National Assembly and will now proceed to the NCOP. 


Status:

  • 1
    Policy formulation N/A
  • 2
    Gazetted N/A
  • 3
    Nedlac N/A
  • 4
    National assembly Bill passed
  • 5
    NCOP Not started
  • 6
    Promulgation Not started
  • 7
    Accented Not started
  • 8
    Force of law Not started

Department:

Department Labour

Summary:

The provisions relating to sectoral determinations are being deleted to make way for a national minimum wage dispensation.


Effect on agribusiness:

Sectoral determinations will be replaced by a national minimum wage dispensation.


Process:

A draft Bill is currently under discussion at Nedlac


Status:

  • 1
    Policy formulation Bill passed
  • 2
    Gazetted Bill passed
  • 3
    Nedlac Bill passed
  • 4
    National assembly Current status
  • 5
    NCOP Not started
  • 6
    Promulgation Not started
  • 7
    Accented Not started
  • 8
    Force of law Not started

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