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New Labour Laws, Old Headaches

New Labour Laws, Old Headaches

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New Labour Laws, Old Headaches

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  1. New Labour Laws, Old Headaches GreigWhitton Founder, Evergrow Paul Cooley Founder, Workplace Strategies Kirsten Van BeverDonker Guy & Associates

  2. Webinar outline • Why all the change? • Changes to the Basic Conditions of Employment Act • Changes to the Labour Relations Act • Changes to the Employment Equity Act • The Employment Services Bill • Enforcement changes

  3. Why all the change? • Gaps and grey areas in current legislation

  4. Why all the change? • Gaps and grey areas in current legislation • Political implications of labourissues

  5. Changes to the BCEA • Additional ministerial powers: • “Umbrella” sectoraldeterminations • Minimum remuneration increases (on top of base minimum wages)

  6. Changes to the LRA • Regulation of temporary employment: • Temporary employment service providers must be registered • If a temporary service provider and its client are jointly and severally liable, then legal proceedings, compliance orders, and arbitration awards may apply to both

  7. Changes to the LRA • Protection of temporary employees: • Temporary employees contracted via a temporary employment service provider will be deemed to be employees of the contracting client after several months • Fixed-term employment must be justified in writing or be deemed full-time • Temporary, fixed-term, and part-time employees must be treated no less favourably than full-time employees performing similar work

  8. Changes to the LRA • Clarification of dismissal: • Termination of employment is dismissal whether there is a written contract or not • Terminating fixed-term employees who reasonably expected full-time employment will be considered dismissal as well

  9. Changes to the EEA • Tighter definition of “designated groups”: • Foreign nationals and those who became citizens after April, 1994, will no longer contribute to affirmative action targets

  10. Changes to the EEA • Discrimination extended: • The definition of “discrimination” will be extended to unequal pay for equal work, and any other arbitrary ground not otherwise listed in the Act

  11. The Employment Services Bill • Additional employment regulation: • The Department of Labour will provide free employment services • Private employment agencies will need to be licensed • You must use public employment services before employing foreign nationals • Employers in designated sectors will need to notify the Department of Labour about any job vacancies that are created or filled

  12. Enforcement changes • Quicker compliance procedures: • Labour inspectors will no longer need to get a written undertaking • The DoLcan apply directly to the Labour Court to enforce compliance orders • CCMA awards can be directly presented to the Deputy-Sheriff for execution

  13. Enforcement changes • Stiffer penalties: • Maximum jail terms increased to six years for certain breaches • Maximum fines increased by 200% for certain breaches

  14. Need more help? • Evergrow forums • Webinars • Greig: 021 671 8225 • Kirsten: 021 418 2105