Without reading this, I sense danger......delete the sender..... Sent from my Samsung Galaxy Tab 10.1 On Aug 1, 2012 10:50 PM, "VC" <[email protected]> wrote:
> > [image: IOL] > > > *‘Labour brokers here to stay’* > ** ** > ** ** > *Deon de Lange, IOL, Johannesburg, 1 August 2012 * > ** ** > Labour brokers are here to stay, but face far tougher regulations. This > emerged during public submissions to the portfolio committee on labour on > proposed amendments to the Basic Conditions of Employment Act and the > Labour Relations Act.**** > ** ** > During Cosatu’s highly anticipated submission to the committee yesterday, > its parliamentary co-ordinator, Prakashnee Govender, told MPs the union > federation had failed to convince the ANC that labour brokers should be > banned.**** > ** ** > Despite the main roleplayers – government, labour and business – having > participated in protracted negotiations on the amendments at the National > Economic Development and Labour Council (Nedlac), the ANC and Cosatu have > continued to hold bilateral discussions on the matter – a move criticised > by business and opposition parties alike.**** > ** ** > Govender conceded yesterday that Cosatu had failed to secure a promise of > an “outright ban” from the governing party.**** > ** ** > “In relation to labour broking, we were not successful in getting an > agreement for a complete and full ban,” she said.**** > ** ** > But the ANC had agreed to “address residual contractual issues between the > broker and the true employer”.**** > ** ** > Cosatu distinguishes between temporary employment services, which provide > companies with temporary workers to fill in for absent employees, and > labour brokers, who provide a pool of full-time workers for companies – a > practice the federation has branded “modern-day slavery”.**** > ** ** > The union federation has argued that labour broking has allowed the > brokers and the companies they serve – or clients – to escape their labour > relations responsibilities, particularly with respect to provisions in the > law for equal treatment.**** > ** ** > Having failed to achieve a ban on labour brokers, Cosatu argued yesterday > that the amendment bills should ensure that the “real employer” – the > client company – assumed “full employer responsibility for a worker where > this involves work which is not temporary in nature”.**** > ** ** > Cosatu raised strong objections to a proposal that unions be required to > ballot their members – and obtain majority support – before embarking on > industrial action.**** > ** ** > “It should be noted that balloting requirements were a distinct feature of > the apartheid labour legislative regime. Its absence in the current Labour > Relations Act was no oversight, but rather an acknowledgement of the > extensive abuse of technicalities by employers around balloting to prevent > industrial action,” said Govender.**** > ** ** > The Cosatu submission argues that such an amendment would constitute a > “fundamental attack not only on the right to strike but also on collective > bargaining” and that, in practice, it would amount to a “notional > restriction” on industrial action.**** > ** ** > Cosatu also opposed proposals that unions be held liable for damage caused > during strikes, arguing it was impossible to prove that such damage was > caused by union members and not by “agents provocateurs” sent in by > employers to discredit the union. Govender argued this was purely a “law > and order” issue and should not be included in labour legislation.**** > ** ** > Another proposed amendment would limit participation in pickets and > strikes to members of the affected union and would empower the Labour Court > to suspend a picket or strike if the agreed picketing rules were breached > by union members.**** > ** ** > Cosatu welcomed a provision that would allow pickets to be held on third > party property.**** > ** ** > Earlier, trade union Solidarity – one of only a few recognised unions not > affiliated to Cosatu – expressed support for the government’s stated > intention of preventing employee abuse, but warned that the “cumulative > effect” of proposed legislative changes was unclear.**** > ** ** > The union joined many other presenters over the past two weeks in calling > for a fresh assessment of the potential effects of the draft amendments, > particularly on job creation.**** > ** ** > Commenting on proposed changes to picketing and strike rules, Solidarity’s > head of research, Johan Kruger, said the union recognised a “careful > balance needs to be struck between the constitutionally enshrined right to > strike and the adverse effect that strikes have had on the country’s > economy in the recent past”. - Deon de Lange > ** ** > *From: > http://www.iol.co.za/news/labour-brokers-here-to-stay-1.1353812#.UBlxW2E_-25 > * > * * > * * > > -- > You are subscribed. 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