Move to make work safer
Comprehensive Code of Good Practice aims to free the spaces of violence and harassment
WITH the daily barrage of reports on gender-based violence, including the numerous horrific details of women and children being abused and murdered, it has become every person’s duty to report all incidents, and to educate everyone about this scourge that has affected almost every family in South Africa.
In line with this, the Department of Employment and Labour has drafted a Code of Good Practice on the prevention and elimination of violence and harassment in the world of work.
This was printed on August 20 and is open for 60 days for written comment from the public.
The public can email innocent. makwarela@labour.gov.za or niresh. singh@labour.gov.za. The two individuals can also be contacted by phone at 012 309 4056 or 012 309 4034.
The Code of Good Practice is well written and comprehensive. It should be read by everyone who has an interest in the world of work. In particular, trade unions and shop stewards should study the code and add their voices to it. And of course, human resource practitioners must engage with the code as soon as possible.
The code will become part of the Employment Equity Act (Act 55 of 1998 as amended).
It has brought together an enormous amount of writing and commentary made in all our other labour legislation.
The comprehensive document has been well received.
Labour lawyers across the country are commending the departmental effort in bringing the studies together under one document.
The document appears to be in line with the Constitution which protects the right to dignity, quality and fair labour practices.
Specifically, it is committed to the elimination, prevention and management of violence and harassment in the world of work.
In essence, the main aim is to create safe workplaces that are free of violence and harassment.
It is acknowledged that violence and harassment may include physical abuse, psychological abuse, emotional abuse and sexual abuse. It is recognised that there is violence and harassment against women and LGBTQIA+ persons in the world of work.
In South Africa, we specifically note that our workers have poor access to labour rights such as freedom of association, collective bargaining, decent work, non-discriminatory practices, and access to justice.
The code refers to several pieces of legislation, including the Basic Conditions of Employment Act and the Labour Relations Act.
The code also refers to various pieces of legislation referring to sexual offences and obviously refers to the International Labour Organization.
There are various definitions regarding bullying, cyberbullying, discrimination, domestic violence and harassment.
In addition to this, it is interesting to see precise and specific definitions of intimidation, mobbing, online violence and psychological violence and harassment.
The previous definitions of sexual harassment, which includes the unwelcome conduct of a sexual nature that violates the rights of an employee, are further expanded upon.
The world of work means any working environment in which persons are in some way or another associated with work, and includes persons as reflected in the code.
What is interesting is that it states: “The world of work includes spaces that link workers to the workplace through technology.”
This is important in that as people are working virtually, we are seeing a lot of the intimidation through various virtual platforms.
The code would include any person to whom and to the extent to which the Employment Equity Act of 1998 applies.
All workers, irrespective of their contractual status are protected.
Interestingly, the code applies to all sectors, whether private or public, both in the formal and informal economy, and within urban and rural areas. It would include persons in training, interns, apprentices and learnerships and volunteers. Even job seekers and job applicants will be affected.
The code goes further than is normally expected, where it includes clients, suppliers, contractors and others having dealings with the organisation.
If something is linked to or arising out of work such as places where a worker takes a rest or a break, or during work-related trips, travel or training, the code will be applicable. It will include employer-provided accommodation and when commuting to and from work.
The International Labour Organization Convention 190 specifically states that member states must adopt codes of this nature which will lead to the elimination of violence and harassment in the world of work.
Section 9(2) of our Constitution states: “Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.”
In line with this section and in line with sections 9(3) and 9(4), the code outlines what legislation must be enacted to prevent or prohibit any of these practices.
Furthermore, in line with our Employment Equity Act which requires employers to take specific steps, the code helps us achieve those steps.
Obviously, the code must be read in conjunction with all the relevant labour-related statutes, as well as all other national statutes dealing with violence and harassment. All the statutes are outlined in the code.
The objective of the code is to provide a framework and clarity on the interpretation and implementation of the Employment Equity Act, pertaining to the prevention and elimination of violence and harassment including gender-based violence and harassment.