LEGISLATIVE AMENDMENT AND DEVELOPMENT NEWSLETTER - DECEMBER 2022
This newsletter highlights the latest statutory amendments, enactments, case law, notices, and ancillary developments relevant to the SERR Synergy legal compliance products and services for the month.
- OCCUPATIONAL HEALTH AND SAFETY
- LABOUR RELATIONS
Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 103 of 1993) (COIDA)
- The Compensation Commissioner, in Government Gazette No. 47574 dated 28 November 2022, issued a notice under COIDA setting out the required prescribed supporting documents to clear employers flagged for audit by the Compensation Fund. The documentation comprises the EMP 501; a detailed Payroll Report; an Audited / Independently Reviewed / Compiled Annual Financial Statement; an Affidavit providing a reason for variance; a Completed CF-2A Form and, lastly, Power of Attorney.
- The Compensation Commissioner, in Government Gazettes No. 47575 and 47576 dated 28 November 2022, issued a notice under COIDA reminding employers to submit outstanding 2021 and prior years’ Return of Earnings (ROEs). In this notice, the Commissioner delineated that COIDA requires employers to submit an ROE before 31 March of each year. Should an employer fail to submit a ROE by the required date, the Director-General has the power to raise an assessment on earnings on an estimate basis; and / or impose a penalty not exceeding 10% of the final assessment. All outstanding ROEs must be submitted by 31 January 2023.
Foodstuffs, Cosmetic and Disinfectants Act, 1972 (Act No. 54 of 1972)
The Minister of Health, in Government Gazette No. 47632 dated 2 December 2022, gave notice of the intention to amend the Regulations Governing the Maximum Limits for Pesticide Residues that may be present in Foodstuffs. Interested parties are invited to submit comments or representations on the proposed amendment to the aforesaid Regulations, to the Director-General: Department of Health (foodcontrol@health.gov.za) before March 2023.
Cancellation notice, cancelled or registration of Employers’ Organisations and Trade Unions
The Registrar of Labour Relations cancelled the registration of the following Employers’ Organisation and Trade Union:
- Medunsa United Staff Union (MUSU) in Government Gazette No. 47526 dated 18 November 2022, with effect from 28 October 2022.
- South African Carpet Manufacturing Employers Association in Government Gazette No. 47597 dated 29 November 2022.
The Registrar of Labour Relations authorised the registration of the following Employers’ Organisation:
- Gambling Employers’ Organisation of South Africa (GEOSA) in Government Gazette No. 47443 dated 4 November 2022, with effect from 24 October 2022.
The Registrar of Labour Relations gave notice of the intention to cancel the registration of the following Trade Unions and invited interested parties to submit comments as to why the registration should not be cancelled, or objections to this matter, within 60 days from the publication date of these Government Gazettes:
- Building Workers Union in Government Gazette No. 47519 dated 18 November 2022.
- South African Industrial Commercial and Allied Workers Union (SAICWU) in Government Gazette No. 47526 dated 18 November 2022.
- Transport and Omnibus Workers Union in Government Gazette No. 47659 dated 6 December 2022.
- Vision Integrated Workers Union (VIWU) in Government Gazette No. 47660 dated 6 December 2022.
Extension, Cancellations and the Application for Variation of Registered Scope of the Main Collective Agreement of Bargaining Councils:
National Bargaining Council of the Leather Industry of South Africa:
- Extension of both the Collective Agreement of the General Goods and Handbag Sector and the Collective Agreement of the Footwear Sector to Non-Parties in Government Gazette No. 47443 dated 4 November 2022, which shall be binding on the employers and employees in this industry with effect from the second Monday after publication of this gazette, until 30 June 2026.
- Extension of the Agency Shop Amending Collective Agreement for Employees to Non-Parties in Government Gazette No. 47443 dated 4 November 2022, which shall be binding on the employers and employees in this industry with effect from the second Monday after publication of this gazette, until 30 June 2027.
- Extension of the Collective Agreement of the Tanning Section to Non-Parties in Government Gazette No. 47519 dated 18 November 2022, which shall be binding on the employers and employees in this industry with effect from the second Monday after publication of this gazette, until 30 June 2026.
National Bargaining Council for the Road Freight and Logistics Industry:
- Extension of the Main Collective Agreement to Non-Parties published in Government Gazette No. 47559 dated 25 November 2022, which shall be binding on the employers and employees in this industry with effect from the second Monday after publication of this gazette, until 29 February 2024.
Motor Industry Bargaining Council (MIBCO):
- MIBCO published a circular dated 16 November 2022 regarding the Settlement of Collective Bargaining Negotiations and was informed that Parties to the Council had signed and ratified the MIBCO Collective Bargaining Negotiations Settlement Agreement on 10 November 2022. Furthermore, MIBCO is in the process of getting all the Council’s Collective Agreements gazetted for implementation. The period of the Agreements will be from the date of publication by the Minister of Employment and Labour, up to and including 31 August 2025 (subject to special provisions).
- In an additional circular dated 7 December 2022, MIBCO published the 2022 / 2023 Provisional Prescribed Wages. The wage information has not been gazetted by the Department of Employment and Labour and is not yet binding on employers and employees and can therefore not be enforced by MIBCO.
Compiled by:
SERR Synergy Research Division
Lané Boshoff - research@serr.co.za