The Basic Conditions Amendment Act, 2013 and its Administrative Regulations published on 29 August 2014 came into effect on the 1st of September 2014.
The objectives of the amendments to the Basic Conditions of Employment Act are to address government’s commitment to avoid exploitation of workers, to ensure decent work for all workers, to protect the employment relationship, to introduce laws to regulate contract work, to sub-contracting and out-sourcing, to address the problem of labour broking, to prohibit certain abusive practices, effect certain consequential amendment as a result of the insertion of new definitions and to effect certain textual corrections, to strengthen the implementation and enforcement mechanisms of the Act, e.g. increased fines for non-compliance and to ensure South Africa’s compliance with International Labour Standards (Conventions 100 & 111).
The Basic conditions of Employment Act was amended so as to substitute certain definitions, to prohibit employers from requiring employees to make payments to secure employment and from requiring employees to purchase goods, services or products, to prohibit anyone from requiring or permitting a child under the age of 15 years to work, to make it an offence for anyone to require or permit a child to perform any work or provide any services that place at risk the child’s well-being.
The Act also provide for the Minister to publish a sectoral determination for employees and employers who are not covered by any other sectoral determination, to provide for the Director-General to apply to the Labour Court for an employer to comply with a written undertaking by the employer, to provide for a compliance order, to delete certain obsolete provisions, to provide the Labour Court with exclusive jurisdiction in respect of certain matters; Provide for certain offences and penalties, to increase the penalties for certain offences, and to provide for matters connected therewith.
Media Statement: Department of Labour: 02 September 2014
New Amendments to Labour Legislation
The President assented to the Labour Relations Amendment Act on 17 August 2014. The Department of Labour indicated that they are currently working on the regulations that will accompany the newly-signed law before it is promulgated.
In addition The Department of Labour indicated that they will approach the President with the hope that it would be signed before the beginning of October 2014.