The following Acts have finally been assented to by President Ramaphosa. We have reviewed the Bills in previous editions of Employment News and discussed them at our employment seminars in 2017 and 2018.
As a recap these are the suite of legislative changes:
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The National Minimum Wage Act, 2018
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The Basic Conditions of Employment Amendment Act, 2018
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The Labour Relations Amendment Act, 2018
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The Labour Laws Amendment Act, 2018
We will prepare a further summary of the amendments in early 2019.
The National Minimum Wage Act
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Provides for a national minimum wage
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Establishes the National Minimum Wage Commission
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Provides for the composition and functions of the National Minimum Wage Commission
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Provides for the review and annual adjustment of the national minimum wage
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Provides for exemption from paying the national minimum wage
The Act will come into effect on a date still to be determined by the President. Schedule 1 will also come into effect on a date still to be determined. Section 4(6) will operate retrospectively from 1 May 2017.
The Basic Conditions of Employment Amendment Act
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Substitutes and inserts certain definitions
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Provides for daily wage payments applicable to certain employees
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Repeals certain provisions dealing with sectoral determinations and to disestablish the Employment Conditions Commission
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Extends the jurisdiction of the Commission for Conciliation, Mediation and Arbitration
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Extends the provisions for monitoring and enforcement by labour inspectors
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Includes enforcement of the provisions of the National Minimum Wage Act, 2018; the Unemployment Insurance Act, 2001; and the Unemployment Insurance Contributions Act, 2002
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Provides for claims for underpayment
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Provides for transitional arrangements
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Regulates sectoral determinations currently in force
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Strengthens collective bargaining in respect of the sectors regulated by those sectoral determinations
The Act will come into effect immediately after the National Minimum Wage Act comes into force.
The Labour Relations Amendment Act
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Provides criteria for the Minister before the Minister is compelled to extend the collective agreement as contemplated in the Act
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Provides for the renewal and extension of funding agreements
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Provides for picketing by collective agreement or by determination by the CCMA in terms of picketing regulations
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Provides for the classification of a ratified or determined minimum service
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Extends the meaning of ballot to include any voting by members that is recorded in secret
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Provides for an advisory arbitration panel
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Provides for an advisory arbitration award
The Act will come into force on a date still to be determined by the President.
The Labour Laws Amendment Act
The Private Member’s Bill proposing paternity leave for fathers was tabled at the end of 2015. The Act will introduce amendments to the Basic Conditions of Employment Act and the Unemployment Insurance Act.
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Amends the Basic Conditions of Employment Act, 1997, to insert new definitions
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Provides for parental, adoption and commissioning parental leave to employees
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Provides that a collective agreement may not reduce an employee’s entitlement to parental, adoption or commissioning parental leave
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Amends the Unemployment Insurance Act, 2001, to provide for the right to claim parental and commissioning parental benefits from the Unemployment Insurance Fund
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Provides for the application for, and the payment of, parental and commissioning parental benefits from the Unemployment Insurance Fund
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Provides that the number of contributors to whom parental and commissioning parental benefits were paid, and the amount of such payments be included in the written report from the Director-General to the Minister
The Act will come into force on a date still to be determined by the President.
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