In­dus­trial is­sues

The Star Early Edition - - WORKPLACE -

will be able to take em­ploy­ers to the Com­mis­sion for Con­cil­i­a­tion, Me­di­a­tion and Arbitration if they have a rea­son­able ex­pec­ta­tion of be­ing of­fered per­ma­nent em­ploy­ment.

Em­ploy­ers will have the pri­mary le­gal re­spon­si­bil­ity for the rights of peo­ple placed with them by tem­po­rary em­ploy­ment agen­cies and labour bro­kers.

Bar­gain­ing coun­cils may charge a levy to fi­nance their dis­pute res­o­lu­tion ser­vices. Thus, em­ploy­ers could be mak­ing di­rect pay­ments to en­able em­ploy­ees to take them to con­cil­i­a­tion and arbitration.

The min­is­ter of labour now has the power to dic­tate the rep­re­sen­tiv­ity thresh­olds at which em­ploy­ers are re­quired to give trade unions or­gan­i­sa­tional rights.

The labour min­is­ter now has the power to in­crease ac­tual wages and not only min­i­mum wages. Thus, those em­ploy­ers pay­ing wages well over the le­gal min­i­mum could nev­er­the­less be forced to pay even higher wages.

The min­is­ter is now able to dic­tate re­mu­ner­a­tion lev­els and other em­ploy­ment con­di­tions in in­dus­tries and sec­tors that are as yet not af­fected by sec­toral de­ter­mi­na­tions.

Pros­e­cu­tion of non-com­pli­ant em­ploy­ers has been strength­ened; and prison terms and penal­ties for breaches of the Ba­sic Con­di­tions of Em­ploy­ment Act have been in­creased, as have fines for Em­ploy­ment Eq­uity Act breaches.

Em­ploy­ers are no longer en­ti­tled to lodge ob­jec­tions or ap­peals against Depart­ment of Labour com­pli­ance or­ders.

Em­ploy­ers are forced to pay equal salaries to their em­ploy­ees do­ing the same or sim­i­lar work un­less the dis­crim­i­na­tion can be ob­jec­tively jus­ti­fied. Fail­ure to com­ply with this re­quire­ment will con­sti­tute un­fair dis­crim­i­na­tion.

Em­ploy­ers will no longer be able to use their fi­nan­cial cir­cum­stances and the lack of avail­able can­di­dates as ex­cuses for fail­ing to im­ple­ment af­fir­ma­tive ac­tion.

Em­ploy­ers will be re­quired to re­port to the Depart­ment of Labour the de­tails of ev­ery job vacancy they have and to re­port when th­ese are filled.

The Depart­ment of Labour will be able to of­fer ev­ery­one claim­ing UIF and other job-seek­ers va­cant po­si­tions ex­ist­ing at ev­ery em­ployer, even where the em­ployer has no

ON THE STREETS: Labour law changes may have un­in­tended con­se­quences.

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