We would like to inform you about significant upcoming amendments to South African labour laws, designed to modernise regulations and address current market challenges such as unemployment, the growth of small businesses, and the balance between job creation and job security.
Key Areas of Focus in the Labour Law Proposals:
- Dismissal and retrenchment procedures: Updates aimed at simplifying and improving procedural fairness.
- Labour Court efficiency: Efforts to streamline processes for quicker resolution of labour disputes.
- Compensation limits for procedurally unfair dismissals: New caps on compensation amounts.
- Exclusion of high-paid employees: High-income earners may be excluded from specific statutory protections.
- Inquiry by Arbitrator: Adjustments to arbitration processes for resolving disputes.
- Redefining unfair labour practices: Expanding and clarifying definitions.
- Improved efficiency of bargaining councils: Ensuring smoother negotiation processes between employers and employees.
- Agency/council jurisdiction alignment: Aligning jurisdictional issues across councils and agencies.
- Broader employee definition: Expanding the definition to include a wider range of workers.
- CCMA jurisdiction: New changes to improve the efficiency of the CCMA’s handling of disputes.
- Limitation of liability: Revised limits on employer liabilities in labour-related matters.
- Harmonisation of LRA and EEA dispute resolution: Better alignment between these two key legislative frameworks.
- Severance pay claims: Expanded jurisdiction for the CCMA on severance-related disputes.
- Protection for workers required to be available but not guaranteed work: New protections for such workers.
- Severance pay and exclusion from collective agreements: Revised rules for severance pay and collective bargaining exclusions.
- Qualifying period for new entrants: New entry requirements for workers entering the job market.
These changes aim to ensure that labour laws remain relevant and responsive to the evolving employment landscape in South Africa. They also promote the efficiency of labour dispute resolution mechanisms and provide clarity on key legal protections.
Next Steps: We will be keeping you updated on these developments.
Regards
