The Congress of SA Trade Unions (Cosatu) has not given up on its fight for a complete ban on labour broking.
This comes after its July submission to the labour portfolio committee on the proposed amendments to the labour legislation, where it reportedly admitted in Parliament that it was not successful in getting a complete ban on labour broking.
The federation had called for nothing less than a complete ban on the industry since the amendments to the Bill were proposed. It led a nationwide protest against labour broking and the controversial Gauteng e-toll system in March.
Stance maintained
Cosatu says labour broking is an “inherently exploitative practice”. It concedes that, in its submission, it did say it has not as yet been successful in reaching agreement with African National Congress (ANC) leadership on a complete ban.
“This is notwithstanding the fact that we maintain our fundamental stance that there should be a complete and full ban on the practice of labour broking, with an emphasis on the bipartite employment contractual relationship between the worker and the true employer (viz the so-called client).”
The federation also says that, should it not be successful in Parliament on this issue, it will continue to pursue a ban as a part of its agenda regardless. “This would include dealing with it at Cosatu's national congress, to be held this year, in addition to the ongoing processes in Parliament.”
Harmful ban
The proposed amendments to the Basic Conditions of Employment Act and the Labour Relations Act arose from the public hearings on labour broking held in 2009.
The portfolio committee had found there was abuse of workers by labour brokers, and divergent views on the issue of labour broking by various organisations representing labour and organised business.
To address this, the initial amendments to the laws would, in effect, have seen the banning of labour broking. However, several stakeholders said this will harm job creation and thus the economy.
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