Update on Bills tabled in Parliament

There has been much news coverage about the following Bills that were tabled in Parliament on Friday, 24 November 2017:

Basic Conditions of Employment Amendment Bill

The Bill seeks to amend the BCEA and to substitute and insert certain definitions; to provide for daily wage payments applicable to certain employees; to repeal the provisions dealing with Sectoral Determinations and the Employment Conditions Commission (to bring this in line with the NMW); to extend the jurisdiction of the CCMA; to extend the provisions for monitoring and enforcement by labour inspectors; to include enforcement of the provisions of the National Minimum Wage Act, 2017, the Unemployment Insurance Act, 2001 and the Unemployment Insurance Contributions Act, 2002; to provide for claims for underpayment; to regulate Sectoral Determinations currently in force and to strengthen collective bargaining in respect of the sectors regulated by those Sectoral Determinations.


National Minimum Wage Bill

We anticipated that the NMW will be introduced into law through a specialised Statue. This Bill is intended to provide for a national minimum wage; to establish the National Minimum Wage Commission; to provide for the composition and functions of the National Minimum Wage Commission; to provide for the review and annual adjustment of the national minimum wage; to provide for exemption from paying the national minimum wage; and to provide for transitional provisions in respect of farm workers and domestic workers.


Labour Relations Amendment Bill

A further amendment to the LRA, intends to provide criteria for the Minister to consider before being compelled to extend a collective agreement; to provide for the renewal and extension of funding agreements; to provide for picketing by collective agreement or by determination by the CCMA in terms of picketing regulations; to provide for the classification of a ratified or determined minimum service; to extend the meaning of ballot to include any voting by members that is recorded in secret; to provide for an advisory arbitration panel; and to provide for an advisory arbitration award. These are significant changes.


Paternity leave

There is also a Bill before Parliament that has been proposed by the African Christian Democratic Party for the provision of statutory paternity leave.

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