Cosatu wants sections of labour laws amended
Unions want it to be harder to retrench
A number of the country’s labour laws are set to come under scrutiny at Cosatu’s national congress next month, with the union federation pushing for amendments to some sections of the Labour Relations Act (LRA).
Cosatu wants section 189 of the LRA, which stipulates the procedures for retrenchments, to be strengthened to make it harder for employers to let go of workers.
In an interview with Sowetan’s sister publication Business Day, Cosatu general secretary Bheki Ntshalintshali said the law allows companies to retrench workers to “protect profits”.
The proposed changes form part of Cosatu’s fightback plan against mass retrenchments and the government’s perceived lack of action in dealing with the country’s unemployment crisis.
The federation is also setting the tone for a mass action plan, which will culminate in a strike to force the government to impose a moratorium on all retrenchments until the jobs summit. Section 77 of the LRA, which regulates protest action to promote or defend the socioeconomic interests of workers, makes it hard for unions to embark on protests, according to submissions made ahead of the congress by Cosatu affiliates.
Ntshalintshali said the process of applying for permission to strike to the National Economic Development and Labour Council, as required by the law, needs to be reviewed.
“The process of getting the certificate to protest is very cumbersome. Even when you get it you must still wait for 15 days’ notice ... They [Cosatu unions] think it should make it easier for unions to protest. If we take a decision to protest tomorrow, we should be able to give notice before you go to protest, that’s also one of the problems,” he said.
Cosatu’s focus on labour laws coincides with parliament’s conclusion of the amendments to the LRA and Basic Conditions of Employment Act, with the introduction of a code of good practice that seeks to prevent prolonged strikes that harm the economy. The federation also wants the laws governing permissions for secondary strikes to be relaxed.