Corporates to note changing labour laws

IN light of the recent publishing by the Department of Labour of the National Minimum Wage Bill, experts have urged corporates to acquaint themselves with this and other proposed labour law changes.

From May, the National Minimum Wage Bill will see a minimum wage of R20 for every ordinary hour worked, with the exception of farmworkers, domestic workers and expanded public works programme workers who are entitled to R8, R15 and R11 per hour respectively.

According to Advocate Tertius Wessels, Strata-G Labour Solutions’ Legal Manager, the approval of the National Minimum Wage Bill is expected to result in changes to other employment laws.

‘Proposed changes to the Basic Conditions of Employment Act and the Labour Relations Act were published in the Government Gazette last month and, although these proposed changes still need to be adopted by Parliament, it is important for employers to familiarise themselves with them and assess their potential impact on the business.’

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The Basic Conditions of Employment Act 75 of 1997 (BCEA) will continue to regulate basic terms and conditions of employment, but the Basic Conditions of Employment Amendment Bill (2017) introduces amendments to the BCEA that provide for enforcement measures in the event of non-compliance with the National Minimum Wage Bill.

The proposed changes to the BCEA also make provision for the introduction of guaranteed minimum hours of work.

‘This section provides for an employee who works fewer than four hours a day, to be entitled to payment for four working hours, providing circumstances beyond the employee’s control prevent work from being performed,’ said Wessels.

The BCEA Amendment Bill provides for the CCMA to include enforcement procedures and claims for underpayment.

Additionally, various amendments have been introduced by the Labour Relations Amendment Bill 2017 to the Labour Relations Act, Code of Good Practice on Collective Bargaining, Industrial Action and Picketing, and Picketing Regulations.

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