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.