By Thapelo Molefe
The South African Federation of Trade Unions (Saftu) and about 40 civil society organisations are set to protest outside National Economic Development and Labour Council in Johannesburg on Tuesday over the proposed labour law amendments.
The protest comes after “secret talks” were held that they say would lead to a weakening of the labour laws and expose workers to unfair dismissal.
This protest is organised by the Campaign to Scrap the Labour Law Amendment Bills. The coalition includes trade unions, advice offices, human rights groups and social movements. They have been meeting every week for several months.
They said on Monday that the demonstration was necessary because Nedlac and its partners have quietly agreed to major changes that would affect workers across the country.
“Nedlac has overseen secret talks to downgrade the country’s labour law, and brought back apartheid style dismissals,” the group said in a statement.
“These are where bosses are allowed to call workers into their offices and fire them without any procedurally fair disciplinary hearings taking place.”
The group is deeply concerned about four draft bills that propose significant amendments which include 47 changes to the Labour Relations Act, 13 changes to the Basic Conditions of Employment Act, two to the National Minimum Wage Act and three to the Employment Equity Act.
The labour law reform process began in April 2022 under Nedlac, which consists of government, labour, business and community organisations.
Nedlac has already submitted its report and draft bills to the Minister of Employment and Labour. The next steps are vetting by the State Law Advisor, Cabinet approval, publication and then Parliamentary processes where public comments will take place.
Saftu has been vocal since late 2024, warning that these reforms represent an attack on workers’ rights. It wants the Nedlac process to be reopened for open and fair debate
The federation warned again in a statement that the changes would be very damaging to workers.
“Almost all of these are disadvantageous to workers, especially the most vulnerable workers – women, youth, migrant workers and workers on probation,” Saftu general secretary Zwelinzima Vavi said.
The group claims that formal disciplinary hearings have been removed.
“Workers who are accused of something at work won’t have the opportunity to defend themselves, nor call their union, nor call witnesses, nor cross-examine company witnesses. Bosses can merely have a conversation with the worker before firing them.”
They also said that in small businesses, workers could be fired without even a conversation. New workers and those on probation could be dismissed within the first three months for no reason at all.
“This will create a massive new additional layer of unlawfully casualised workers who are hired permanently, then fired while on probation and replaced with new workers. An escape clause from section 198 of the LRA says all workers are deemed to be permanent after three months,” Vavi said.
“This will particularly affect women and youth workers in factories, farmworkers, domestic workers, security guards and labourers.”
The coalition is also concerned that probation could now be extended without employers having to give reasons. The new laws would also allow bosses to fire workers on vague grounds.
“It will become legal for bosses to fire workers they don’t like, even if they are doing their job well, on the vague and spurious grounds of ‘unsuitability and incompatibility’.”
Saftu ighlighted that workers would lose the right to claim unfair labour practices regarding nepotism, promotions, demotions or benefits.
“This will increase corruption that is already so rampant,” the union said.
The changes may impact wages.
“Businesses with fewer than 50 workers no longer have to pay the wages and conditions established by the bargaining councils. We anticipate that many companies will downsize and outsource to get their staff complement below 50 so that they can pay low wages.”
The coalition said that the changes would continue the practice of “zero-hour” work.
“Workers will still have to sign contracts promising to be available for a maximum and minimum number of hours a week, but that could be one hour. Zero-hour contract workers will only get one day’s paid sick leave if they work for a company that employs more than 10 people.”
The group plans on holding more public meetings in the coming weeks.
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