Caution on labour broking debates

The United Association of South Africa (UASA) has called for caution in raging labour broking debates, saying statements by politicians and trade unionists that labour brokers will be banned are unnecessary.

The final changes to the Labour Relations Act are expected soon, with labour minister Membathisi Mdladlana pushing to have the Bills passed by April 2010. The Department of Labour (DOL) previously stated that while it welcomes input from stakeholders, the process will no longer be delayed and amendments will be passed on time.

“We expect political and other leaders to be more careful in their choice of words and that they would explain to affected workers that transition measures will be implemented over a period of time and that government will never allow a situation where the thousands of workers currently employed through labour brokers will suddenly be without jobs”, says Leon Grobler, spokesperson for UASA.

In September, Parliament's Portfolio Committee on Labour conducted heated two-day public hearings where stakeholders, including trade unions, civil society and labour brokers, presented their views on labour broking.

The DOL 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.

Wayile told approximately 500 workers during public hearings by Parliament's labour committee in Port Elizabeth that the municipality had effectively banned the use of labour brokers and that the jobs of municipal workers were under threat.

“UASA objects to leaders making thoughtless statements and the resulting effect it has on already uncertain hard working citizens. We all want to root out the exploitation of workers, but it should be done in a structured and responsible way. Politicians should refrain from abusing these issues for the sake of a good speech”, says Grobler.

Political parties such as the ANC youth league and the Young Communist League, along with trade federation, Congress of South African Trade Unions (Cosatu), have all publicly called for the outright ban of labour broking.

While industry organisation, the Information Technology Association, stated the industry should not anticipate a widespread ban, Cosatu has threatened a mass strike in 2010 if regulations don't ban labour broking.

The department's proposed amendments indicate a move towards greater regulation, but 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.

“UASA supports the draft legislation which inter alia spells out that all labour brokers will have to register with the Department of Labour and that where such brokers will still operate in future, minimum standards will have to be met”, says Grobler.