1. Labour Law Amendments by Leon Grobler Collective Bargaining Conference 2011

2. 2 Background Introduction Labour Brokers issue – history Different views – COSATU vs FEDUSA FEDUSA Congress 2008 Resolution – regulate Legislative Process 2011 –Regulatory Impact Assessment

3. Collective Bargaining Conference 2011 3 The Bills Labour Relations Amendment Bill Basic Conditions of Employment Amendment Bill Employment Equity Amendment Bill Employment Services Bill

4. Collective Bargaining Conference 2011 4 The Positives Great stride for temporary workers Regulation of placement services Greater assistance to unemployed workers – both through Public Employment Services and Private Employment Services

5. Collective Bargaining Conference 2011 5 The Concerns In general –Badly drafted –Inconsistencies –Contradictions –Unintended consequences

6. Collective Bargaining Conference 2011 6 Labour Relations Amendment Bill Who is an employee? Who is an employer? Definition of “independent contractor” Creation of a two-tier labour market? – iro dismissals, unfair labour practices, retrenchments and s197 disputes Strike suspension issues – CCMA to intervene (public interest) Exclusive jurisdiction to Labour Court s200B s200C Onus of proof – reasonable expectation

7. Collective Bargaining Conference 2011 7 Basic Conditions of Employment Amendment Bill Sectoral determination for those not covered Thresholds Labour inspectors – compliance vs. Criminalisation Benefits of similar or equal value to temporary workers Prohibition of work by children Sectoral determination – prohibit certain work

8. Collective Bargaining Conference 2011 8 Employment Equity Amendment Bill Prohibits difference in the terms and conditions of employees performing same work or of equal value Certification and psychometric testing Disputes to CCMA Burden of proof Duty to submit EE Plan Fines for non-compliance Income differentials

9. Collective Bargaining Conference 2011 9 Employment Services Bill Discrepancy between Public Employment Services and Private Employment Services - powers Employment Services Board Phase out provisions Youth employment Sheltered employment for disabled – only manufacturing sector Productivity SA Foreign workers

10. Collective Bargaining Conference 2011 10 The Way Forward NEDLAC process Legislative process