BUSINESS EDGE OCTOBER 2023
This communication highlights the latest statutory amendments, enactments, case law, notices, and ancillary developments relevant to the SERR Synergy legal compliance products and services for the period August and September 2023.
- EMPLOYMENT EQUITY UPDATES
- LATEST STATUTORY UPDATES
Employment Equity Act, 1998 (Act No. 55 of 1998)
The Department of Employment and Labour issued a media statement on 30 August 2023 indicating that President Ramaphosa had signed the Employment Equity Amendment Act (EEAA) into law in April 2023 but was yet to determine the effective date; therefore, “employers will be expected to report on their 2023 obligations using the current [employment equity] legislation [for the 2023 employment equity reporting season]”.
SERR Synergy's Skills Development Facilitation and Employment Equity services are aimed at businesses that wish to align employment equity to their strategic corporate objectives. We guide businesses through the process to ensure that equity in your organisation meets the requirements of the Employment Equity Act and supports the growth and success of your business.
For enquiries or assistance with the compilation and submission of your Employment Equity reports and plans, please contact any of our nationwide offices.
Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)
The Director-General of the Department of Employment and Labour published a Notice in Government Gazette No. 44422 dated 7 April 2021 stipulating as follows:
- An increase in the Minimum Assessment to R1 284 in terms of section 83(1).
- The withdrawal of the implementation of section 85(1) on reductions with effect from 1 March 2021 until further notice.
- The withdrawal of the implementation of the section 78 with effect from 1 March 2021 until further notice.
The Director-General, however, withdrew items (b) and (c) from the above Notice in Government Gazette No. 49020 dated 25 July 2023.
Our Occupational Health and Safety compliance service continuously develops a health and safety culture and system within your business which aligns with the business’s internal policies and goals.
If you require assistance with compliance orders, please contact any of our nationwide offices for guidance.
For ease of reference, please find below a summary with links to our recently published website articles:
- MANAGING FATIGUE IN THE WORKPLACE
- PIERCING THE CORPORATE VEIL - DIRECTORS CAN BE HELD LIABLE FOR EMPLOYEE DISMISSALS
- WHEN WILL SEVERANCE PAYMENT BE DUE TO EMPLOYEES?
- EMBRACING DIGITAL TECHNOLOGIES: THE KEY TO THRIVING IN TODAY'S CHANGING MARKETS
- INVOICE FRAUD ALERT! DON’T GET CAUGHT WITH YOUR PANTS DOWN
- EMPLOYMENT EQUITY SUBMISSION 2023 DEADLINE LOOMING
We are committed to providing our clients with the best service at all times and to investigate all possible avenues to improve our service offering to clients to accommodate their individual needs. Please e-mail any suggestions to communications@serr.co.za.
Compiled by:
SERR Synergy Research Division
L. Boshoff – research@serr.co.za
Labour Relations Act, 1995 (Act No. 66 of 1995)
The Registrar of Labour Relations cancelled the registration of the following Bargaining Council and Trade Union:
- The Bargaining Council for the Laundry, Cleaning and Dyeing Industry (Cape) with effect from 29 June 2023, in Government Gazette No. 48883 dated 4 July 2023.
- The National Certificated Fishing and Allied Workers Union (NCFAWU) with effect from 31 July 2023, in Government Gazette No. 49067 dated 2 August 2023.
The Registrar of Labour Relations announced the registration of the following Trade Unions:
- The South African Liberated Workers Union Towards Economic Emancipation (SALWUTEE) with effect from 29 June 2023, in Government Gazette No. 49010 dated 21 July 2023;
- The Independent Policing Union of South Africa (IPUSA) with effect from 17 July 2023, in Government Gazette No. 49029 dated 28 July 2023;
- The South African Correctional Services Workers Union (SACOSWU) with effect from 28 July 2023, in Government Gazette No. 49066 dated 2 August 2023;
The Minister of Employment and Labour announced the following amendments:
- The Main Collective Amending Agreement of the Bargaining Council for the Furniture Manufacturing Industry KwaZulu-Natal has been extended to Non-Parties with effect from the second Monday after the date of publication of this notice and shall remain in force until 30 June 2027, in Government Gazette No. 48959 dated 14 July 2023;
- The Main Consolidated Collective Agreement of the Building Industry Bargaining Council (Cape of Good Hope) has been extended to Non-Parties with effect from the second Monday after the date of publication of this agreement and shall remain in force until 31 October 2025, in Government Gazette No. 48959 dated 14 July 2023;
- The Dispute Resolution Collective Agreement of the Bargaining Council for the Civil Engineering Industry (BCCEI) has been extended to Non-Parties with effect from the second Monday after the date of publication of this notice and shall remain in force until 31 August 2028, in Government Gazette No. 49029 dated 28 July 2023;
- The Registration and Administration Expenses Collective Agreement of the Bargaining Council for the Civil Engineering Industry (BCCEI) has been extended to Non-Parties with effect from the second Monday after the date of publication of this notice and shall remain in force until 31 August 2028, in Government Gazette No. 49029 dated 28 July 2023;
- The Main Collective Agreement of the National Bargaining Council for the Road Freight and Logistics Industry’s (NBCRFLI) period of operation has been extended to 28 February 2025 in Government Gazette No. 49029 dated 28 July 2023.
Our Labour team guides and assists businesses in proactive and supportive ways with regard to the required processes and procedures to ensure compliance with labour legislation and to mitigate the risks to which businesses are exposed in relation to employment issues.
For assistance or guidance please contact any of our nationwide offices.
Mine Health and Safety Act, 1996 (Act No. 29 of 1996):
The Chief Inspector of Mines, in Government Gazette No. 49046 dated 28 July 2023, issued the following Guidelines:
- The Guideline for a Mandatory Code of Practice for the Management of Medical Incapacity due to Ill-health and Injury.
- The Guideline for a Mandatory Code of Practice for the Selection and Provision of Personal Protective Equipment for Women in the South African Mining Industry.