Labour Law in a Nutshell October – November 2024
New Labour Laws 2024: What could we expect from the possible new set of labour laws in the pipeline for 2024?
In short – some significant new innovations to streamline dispute resolution and stimulate employment.
Since 2021, the social partners have mulled over the options in NEDLAC on how best to balance the ever-conflicting demands for job security and efficiency – often referred to as “regulated flexibility”.
Unions are predictably keen on more regulation to protect worker rights and job security. And business punts for less regulation for more flexibility in hiring, managing and dismissing workers as business operations require.
So, what should we expect? Here's a summary:
- Less formal disciplinary enquiries
There'll be no need for formal disciplinary enquiries. Instead, an employer must request an employee to submit a written statement in response to allegations of misconduct. The employer will be able to consider them and decide what action to take including dismissal.
The purpose is an attempt to simplify the procedures. And to reverse the pervasive pattern of conducting internal disciplinary enquiries like criminal and court processes.
- Employment of young workers
Employers can hire young workers less than 30 years old and terminate their employment more easily during the first 6 months without the need for an informal or formal enquiry.
The purpose is to incentivise employers to employ more young people in the context of the chronic level of youth unemployment. The first 6 months would be a kind of low-risk trial period in which an employer could assess the new employee's suitability for permanent employment.
- Fewer unfair labour practices
Disputes about promotion, demotion, training of employees and the provision of benefits will be dropped from the definition of unfair labour practice. Employees will no longer be able to refer these disputes to the CCMA or bargaining councils.
The purpose would be to give employers more flexibility in making decisions on HR related issues linked to operational needs. And it would reduce the number of disputes which arise these issues – especially the large number of disputes which are referred to the public service bargaining council.
- Labour Brokers & Short-Term
Contracts
The period before deemed permanent employment for contract workers and employees on short-term contracts kicks in will be increased from 3 months to 6 months. There is also provision for possible successive fixed-term contracts.
The purpose would again to give employers low risk flexibility and more time to assess a new employee's suitability for permeant employment.
- Retrenchments facilitations
The Minister's power to make rules for facilitations would be shifted to the CCMA. The powers include setting time and changing time periods for facilitations, prescribing the powers and duties of facilitators, setting fees for facilitators and any other matters related to facilitations.
The purpose would be to empower the CCMA to respond to changing trends in the labour market. And it would enable the CCMA to customise rules appropriate for the circumstances of a particular case.
Source: SAFTU website and press statement.
TIP: The new laws are still proposals. They still need sufficient consensus amongst the social partners to kick-start public comment and the legislative process. If they do become law, they would create significant new dynamics in labour relations. And they could signal a shift towards the flexibility element in the “regulated flexibility” equation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
