What Employers Need To Know About The Draft Labour Law And Labour Relations Amendment Bills (Part One)

The Minister for Employment and Labour has published draft Labour Law and Labour Relations Amendment Bills, along with Memorandums of Objectives. 

The Labour Law Amendment Bill will amend the Basic Conditions of Employment Act 75 of 1997 (BCEA), the National Minimum Wage Act 9 of 2018 (NMWA), the Employment Equity Act 55 of 1998 (EEA) and the Unemployment Insurance Act 63 of 2001 (UI Act).

Here’s a quick overview of the proposed changes:

Basic Conditions of Employment Act (BCEA)

The amendments aim to:

• Set minimum standards for employees who must be “available to work”, ie. seasonal or “on call” workers.
• Align parental leave with the Constitution.
• Clarify severance pay entitlements and where such claims must be lodged.
• Strengthen the CCMA’s powers to enforce compliance orders.
• Clarify the dispute-resolution powers of Bargaining Councils.
• Allow the Minister to regulate the use of CCMA-imposed fines.

National Minimum Wage Act (NMWA)

• Requires members of the National Minimum Wage Commission to have appropriate expertise and experience.

Employment Equity Act

Key updates include:

• A revised definition of “employment law”.
• Allowing employees to refer harassment claims directly to the CCMA.
• Clarifying the role of Bargaining Councils in resolving EEA disputes.

Unemployment Insurance Act (UI Act)

• Introduces parental leave benefits that align with the BCEA and the Constitution.

Next month, we will discuss the proposed amendments to the Labour Relations Act.