Employment Law Amendments
01 March 2014
Having advised various clients on the effects of the amendments to their businesses and certain clients over the course of the last couple of years on submissions made by their businesses, industry groups or interest groups to the Portfolio Committee on Labour, on the drafts to the proposed amendments, one thing is certain – the amendments are significant and will impact upon your business. An update of the progress in the enactment of the statues is set out below:
- The Basic Conditions of Employment Amendment Act 20 of 2013 – The Act was published in the Government Notice on 9 December 2013. The Act does not yet have a commencement date and comes into operation on a date to be fixed by the President by proclamation in the Gazette.
- The Labour Relations Amendment Bill 16B of 2012 – The Bill was passed by the NCOP on 5 November 2013 and returned to the Portfolio Committee on Labour of the National Assembly for consideration of proposed amendments (made by the NCOP). The Portfolio Committee proposed certain amendments to the Bill relating to the power of the Labour Court to suspend a protected strike. The Bill will come before the National Assembly on 5 March 2014 for consideration.
- The Employment Equity Amendment Act 47 of 2013 – The Act was published in the Government Notice on 16 January 2014. Again, the Act does not yet have a commencement date and will come into operation on a date to be fixed by the President by proclamation in the Gazette.
- The Employment Services Bill 38B of 2012 will repeal the Skills Development Act 97 of 1998 and deals with certain ancillary issues relating to labour brokers and the regulation of employment opportunities by the State. The Bill was passed by the NCOP on 21 November 2013 and is to return to the National Assembly.
We will run a seminar on the amendments (further to the seminar of last year on the version of the amendments at that point) in the next couple of months. Please look out for the seminar invite.
There has also been much media attention given to POPI – that is the Protection of Personal Information Act 3 of 2013. POPI regulates the protection of personal information, which includes the regulation of such information by employers. Again, POPI, while published in the Government Notice, will only come into operation on a date to be fixed by the President by proclamation in the Gazette. POPI has large ramifications for employers and should you not have already looked at compliance with POPI, please let us know, so that we can assist in providing the necessary guidance on amendments to policy and employment contracts.