As the first phase of negotiations on the fate of labour broking ends, the National Economic Development and Labour Council (Nedlac) says decisions on the fate of labour-broking cannot be predicted.
Nedlac says the first phase of negotiations is complete, but no decisions on the direction government should take on labour broking have been made.
Following heated public hearings across the country and calls from Cosatu for a banning of labour brokers, the council says the amendments will reflect submissions made by government, employers and organised labour. While Nedlac has fielded submissions from the Department of Labour since 2004, it says the negotiation and discussion process is set to end in 2010.
“More discussions are still to come. This is still only the beginning of the process. While the input of the various stakeholders would be incorporated into the first drafts of amendments, we will be holding more discussions on the issue. It is too early to tell,” says Nedlac.
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.
Laws, which are likely to be amended to regulate labour brokers, are the Basic Conditions of Employment Act of 1997, the Employment Equity Act of 1998 and the Labour Relations Act of 1995.
“The process is one of social dialogue. All parties had an opportunity to participate. Now we have to wait and see what government comes back with,” says Janette Cumming, vice-chairperson of the ITA.
Conflicting messages
While proposals tabled at Nedlac by the Department of Labour indicate the department is seeking to toughen regulations on labour broking, spokesman for the Department of Labour, Mzobanzi Jikazana, says the department is looking for an outright ban of the practice.
Amendments, which were proposed by labour minister Membathisi Mdladlana earlier this year, are also under discussion at Nedlac. The proposal document shows the department is moving towards increased regulation, which would decrease worker flexibility, change wage structures and increase ministerial powers.
Jikazana explains the impact of the department's proposals would mean the end of labour broking. “The process of banning labour brokers began five years ago, in 2004. The gap which would be left once the abolishment of labour brokers is complete, would have to be filled through plans that Nedlac would have to come up with.”
He adds that the department's submissions to Nedlac argue there is no legal basis for the existence of labour brokers. Jikazana notes Mdladlana is committed to the banning of labour brokers and would consider a legal challenge to the practice, should Nedlac decide against an outright ban.
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