Our long road to human rights
Our hard-won constitution champions fair labour practices and is something to celebrate
OUR constitution, which is one of the most advanced in the world, entrenches the right to employment. This includes protection against servitude, forced labour and discrimination. There is a right to pursue a livelihood, and protection of children against exploitative behaviour.
Section 23 of the constitution specifically says: “Everyone has a right to fair labour practices.”
Every worker has the right, (a) to form and join a trade union, (b) to participate in activities and programmes of a trade union, and (c) to strike.
Every employer has the right to form and join an employer’s organisation and to participate in the activities and programmes of that organisation.
Furthermore, every trade union has the right to engage in collective bargaining, and that national legislation must reflect the constitution.
Our Labour Relations Act, together with the Basic Conditions of Employment Act, is specifically penned to give effect to these rights, as contained in the constitution.
Conditions of employment in South Africa under the Labour Relations Act reflect all these rights, as contained in our constitution, and as determined by our labour courts and the Constitutional Court.
The Basic Conditions of Employment Act has specifically outlined the floor of rights.
No employer or employee can negotiate employment below that floor of rights.
The Labour Relations Act specifically outlines the specific standards of employment in South Africa.
It also outlines the way in which employees and/or employers can pursue these rights if these rights have in any way been breached.
There are other statutes in the labour relations arena which were specifically penned to ensure that industrial relations In South Africa is properly monitored and structured.
Labour relations in South Africa today is testament to the way in which our modern democratic society has been able to right the wrongs of the past and to ensure that discrimination is outlawed in every sphere.
The National Economic Forum has been able to create a tripartite negotiating forum. This consists of labour, business and government.
These developments were groundbreaking and were able to create industrial peace in South Africa.
It must be remembered that the country was hamstrung by industrial unrest from the early 1980s until the advent of the new Labour Relations Act.
In August 1994, the government appointed a team to draft the Labour Relations Bill.
This was the beginning of a long and complicated process which finally led to the establishment of a Commission for Conciliation, Mediation and Arbitration and other vital institutions.
From a practical point of view, our labour relations arena has proved to be extremely successful, and has to a large degree created industrial peace.
From an individual worker’s point of view, the rights accessible to that worker are extremely functional and powerful.
Even an applicant to a job has rights in terms of our labour law before they become employees.
Our labour laws cover protection against all sorts of discrimination, and certainly implement human rights at the workplace.
As we celebrate Human Rights Day, it needs to be remembered that very few rights were accorded to black employees under apartheid, and we have come a long way since the enormously discriminatory practices prior to 1994.
This is certainly something to celebrate.
THE NATIONAL ECONOMIC FORUM HAS BEEN ABLE TO CREATE A TRIPARTITE NEGOTIATING FORUM CONSISTING OF LABOUR, BUSINESS AND GOVERNMENT FROM A PRACTICAL POINT OF VIEW, OUR LABOUR RELATIONS ARENA HAS PROVED TO BE EXTREMELY SUCCESSFUL AND HAS CREATED INDUSTRIAL PEACE