The Cabinet has approved sweeping amendments to South Africa\u2019s key labour laws, including changes to the Labour Relations Act and the Basic Conditions of Employment Act.<\/p>\n\n\n\n
Key changes include doubling retrenchment pay, extending protections to gig workers, and creating a fairer maternity leave system. <\/p>\n\n\n\n
However, these new workers’ rights come with concessions for employers. Employers will find it easier to dismiss workers, and new small businesses will be excluded from bargaining council agreements for two years.<\/p>\n\n\n\n
Speaking in an interview, Lisa Sz\u00f6ke, Associate Director at Guy & Associates Incorporated, described the changes as a significant overhaul of the country\u2019s employment framework.<\/p>\n\n\n\n
She highlighted that a major change is that it will become easier for employers to terminate employment during the initial stages. <\/p>\n\n\n\n
\u201cIt\u2019s much easier to terminate in the initial stages of employment,\u201d Sz\u00f6ke said, describing the reform as very significant for employers. She added that this addresses a longstanding frustration among businesses.<\/p>\n\n\n\n
\u201cI think that\u2019s been quite a long-term gripe\u2014that you hire someone and then you essentially have a permanent employee regardless of the fact that you still want that kind of initial period to assess.\u201d<\/p>\n\n\n\n
At the same time, the reforms strengthen enforcement mechanisms for workers. Sz\u00f6ke noted that the Commission for Conciliation, Mediation and Arbitration (CCMA) will receive expanded powers to help employees enforce arbitration awards.<\/p>\n\n\n\n
\u201cIncreasing the CCMA\u2019s powers is really recognising that a vulnerable employee who has been unemployed for a significant period of time can now be successful at the CCMA,\u201d she said.<\/p>\n\n\n\n
Previously, workers had to approach the sheriff to enforce an award, which was a costly step that many could not afford. <\/p>\n\n\n\n
\u201cA sheriff to an unknown party is not going to do anything without obtaining a deposit,\u201d Sz\u00f6ke explained. The CCMA can now assist with those fees.<\/p>\n\n\n\n
She believes this shows a clear intention to remove practical bottlenecks that prevented vulnerable workers from exercising their rights.<\/p>\n\n\n\n
Another significant change is aimed at the gig economy. She mentioned that Uber drivers, Uber Eats delivery people, and similar gig workers will now be presumed to be employees.<\/p>\n\n\n\n
Because of this expanded definition, Sz\u00f6ke warned that every other amendment will have a knock-on effect. <\/p>\n\n\n\n
\u201cAll of these amendments, every single other amendment has a knock-on effect because now they\u2019re going to apply to a larger group of people,\u201d she explained.<\/p>\n\n\n\n
Responding to Employment and Labour Minister Nomakhosazana Meth\u2019s assertion that the reforms modernise labour laws and extend protections to previously excluded workers, Sz\u00f6ke said she agrees \u201cto an extent.\u201d<\/p>\n\n\n\n
\u201cThe modernisation is trying to recognise that employment doesn\u2019t look like we always thought it looked before,\u201d she said, pointing to gig workers and on-call employees without fixed hours. <\/p>\n\n\n\n
On parental leave, Sz\u00f6ke noted that changes follow a ruling by the Constitutional Court in the Van Wyk judgment, which found aspects of the previous regime unconstitutional.<\/p>\n\n\n\n
\u201cIt\u2019s the Van Wyk judgment that actually said this is unconstitutional. We need to give more equal rights to both parents to parent their new child,\u201d she said.<\/p>\n\n\n\n
However, she warned that practical questions remain, particularly where employers already offer more generous leave benefits. <\/p>\n\n\n\n
For now, the reforms are not yet law. \u201cIt\u2019s currently just a bill that\u2019s been tabled, and then it needs to go for public comment,\u201d Sz\u00f6ke said. <\/p>\n\n\n\n
After public input is considered, it must still be approved by Parliament and signed into law.<\/p>\n\n\n\n
She added that the proposals are the product of an extended consultation process, likely involving the National Economic Development and Labour Council (NEDLAC).<\/p>\n\n\n\n
\u201cIf it has gone through NEDLAC already, it means that the trade unions are in agreement, right, to some of these proposals,\u201d she said.<\/p>\n","protected":false},"excerpt":{"rendered":"
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