While submissions by the public and business on the fate of labour broking were “useful”, government will have the final say on the practice, says the National Economic Development and Labour Council (Nedlac).
Herbert Mkhize, Nedlac executive director, says the public participation process was necessary, but not all submissions would be included in the eagerly awaited legislation.
“Parties concerned are currently widely separated on the matter... It is difficult to please everyone when one tried to do the right thing,” says Mkhize.
The Department of Labour is proposing amendments to several Acts, which all fall under the Labour Relations Act. The new amendments would either effectively abolish labour broking, or increase regulation of all temporary employment services.
Nedlac has held negotiations on various proposals and heated public hearings have also been held in Parliament. Labour brokers' submissions noted the practice is an essential part of several key industries in the country, but union groups countered this by saying it should be banned across the board.
regulations don't ban labour broking.
“Some trade unions supported a total ban on labour brokering. On the other hand, the Federation of Unions of South Africa called for labour brokering to be regulated. The business sector wished for labour brokering to be regulated by a statutory body. The Department of Labour now needed to decide on what should be included in the proposed legislation and had to take into consideration what the various constituencies required,” says Mkhize.
No certainties
While the department's proposed amendments indicate a move towards greater regulation, only the final draft amendments will reveal the fate of temporary employment services. The department has also made a distinction between labour broking and outsourcing - indicating that provisions would be made for outsourcing.
The final changes are expected within the next two months, with the minister pushing to have the Bills passed by April 2010. Mkhize says Nedlac had begun investigating the “contentious” issue of labour brokering and would release its findings soon.
Thembinkosi Mkalipi, senior executive manager of collective bargaining, Department of Labour, says the DOL's intention was to have the labour brokering Bill approved by Parliament in either January or February 2010.
Labour minister Membathisi Mdladlana previously called on Nedlac to speed up the consultation process, saying it was taking too long.
Mkalipi says the department hoped Nedlac would finalise discussions on the Bill by the end of the 2009/10 financial year, and that it would be presented to the National Assembly and during the next session of Parliament.
“The only certainty is that changes would be made to the Basic Conditions of Employment Act and the Labour Relations Act,” says Mkhize.
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