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Understanding New Labour Laws: Insights and Strategies for Compliance

Join our insightful webinar featuring Greig Whitton, Paul Cooley, and Kirsten Van Bever Donker as we navigate the new labor laws that are reshaping the workplace landscape. We will cover significant updates to the Basic Conditions of Employment Act, Labour Relations Act, and Employment Equity Act, alongside the new Employment Services Bill. Discover the implications of enforcement changes and the political landscape of labor issues. Gain valuable strategies to ensure compliance and understand your responsibilities under the revised legislation.

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Understanding New Labour Laws: Insights and Strategies for Compliance

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Presentation Transcript

  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

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