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South Africa – Labour Relations Amendment Act to be implemented in October

21 August 2014

South Africa’s Labour Relations Amendment (LRA) Act could be implemented before the beginning of October, according to acting Deputy Director-General of Labour Market Policy, Thembinkosi Mkalipi, reports legalbrief.co.za.

In a statement welcoming President Jacob Zuma's decision to endorse the Bill, Mr Mkalipi appeared to suggest that the necessary regulations are now in the process of being finalised. 

Earlier amendments to South Africa’s Labour Relations Act were delayed in July 2013 when there were insufficient members in parliament to vote on the proposed bill. The vote was delayed until after the parliament winter recess with hopes that it would be approved before the end of 2013.

Although new Labour Relations and Employment Equity acts were adopted by parliament earlier this year, implementation dates had not been set. The African National Congress (ANC) also welcomed the decision of President Jacob Zuma to endorse the Act.

In a statement, the ANC commented: “We believe that this step clears the way for the proclamation and gazetting of radical and bold steps to further secure and entrench workers’ rights through progressive labour relations prescripts.”

“[We are] particularly pleased that the Labour Relations Amendment Act deals decisively with the untenable exploitation of workers through labour brokers. The Act ensures greater protection for workers placed in temporary employment services in that they cannot be treated unequally from any other employee performing the same or similar work.”

“Further, the temporary employment service and its client are jointly and severally liable for specified contraventions of employment laws. According to the Act, temporary employment and fixed term contract work should not exceed a period of three months, following which the employee will be entitled to equal benefits and conditions as employees employed permanently - barring a few exceptions identified within act. This is a significant victory for many workers who have been subjected to certain abusive practices as a result of a lack of job security.”

“These amendments take forward [our] commitment to decent work by providing adequate protection to vulnerable workers due to increased informalisation of labour. It will strengthen the constitutional rights of workers and promote fair labour practices through the strengthening of collective bargaining and protection from unfair discrimination. These amendments will also strengthen and enhance the effectiveness of primary labour institutions that provide recourse.”