This newsletter highlights the latest statutory amendments, enactments, caselaw, notices and ancillary developments relevant to the SERR Synergy products and services for the month.
LEGISLATIVE AMENDMENT AND DEVELOPMENT NEWSLETTER - JULY 2022
The Commission for Employment Equity (CEE) published its 22nd CEE Annual Report (2021-2022).
The aforementioned Annual Report was submitted to the Minister of Employment and Labour, Thulas Nxesi, by the CEE in terms of section 33 of the Employment Equity Act, 1998 (Act No. 55 of 1998) (EEA). This report reflects on the strategic objectives covering a 5-year period for the 5th CEE. It outlines the key highlights for the period under review, detailing the workforce distribution of the Economically Active Population (EAP) and provides a trend analysis of Employment Equity Reports received from designated employers for the years 2019, 2020 and 2021.
The above CEE Annual Report can be requested by SERR Synergy Training and Skills Development Facilitator (SDF) clients from the respective Training and SDF Departments.
Department of Employment and Labour
- The Department of Employment and Labour, in Government Gazette No. 46471 dated 3 June 2022, published a list of bargaining councils that have been accredited by the Commission for Conciliation, Mediation and Arbitration (CCMA) in terms of the provisions of the Labour Relations Act, 1995 (Act No. 66 of 1995, as amended (LRA), for conciliation and/or arbitration and/or inquiry by an arbitrator for the period 01 June 2022 to 30 June 2026.
- The Department of Employment and Labour, in Government Gazette No. 46471 dated 3 June 2022, published a list of private agencies that have been accredited by the CCMA in terms of the provisions of the LRA for conciliation and/or arbitration and/or inquiry by an arbitrator for the period 01 May 2022 to 30 June 2025.
- The Department of Employment and Labour, in Government Gazette No. 46596 dated 24 June 2022, published a new Code of Practice: Managing Exposure to SARS-Cov-2 in the Workplace, 2022.
Cancellation notice, cancelled or registration of Trade Unions
- The Registrar of Labour Relations, Lehlohonolo Daniel Molefe, in Government Gazette No. 46543 dated 10 June 2022, confirmed that the name-change of Electronic, Allied Metal Workers Union of South Africa (EAMWUSA) (LR2/6/2/111) to National Industries and Medicare Union of South Africa (NAMESA) had been resolved and entered into the Register of Trade Unions with effect from 20 May 2022.
- The Deputy Registrar of Labour Relations, Mongwadi Mary Ngwetjana, in Government Gazette No. 46543 dated 10 June 2022, gave notice of the intention to cancel the registration of National Democratic Change and Allied Workers Union (NDCAWU) (LR 2/6/2/1082) and invited interested parties to submit comments as to why the registration should not be cancelled or objections on this matter within 60 days from the publication date of this Government Gazette.
- The Director: Collective Bargaining, Stephen Rathai, in Government Gazette No. 46517 dated 10 June 2022, announced the extension of the operation period of the Main Collective Agreement of the National Bargaining Council for Hairdressing, Cosmetology, Beauty and Skincare Industry until 30 June 2023.
- The Minister of Employment and Labour, Thulas Nxesi, in Government Gazette No. 46598 dated 24 June 2022, issued a correction notice pertaining to the South African Road Passenger Bargaining Council’s Main Agreement, by cancelling Government Notice No. R366 of 18 June 2021 with effect from the second Monday after the date of publication of this notice. Furthermore, the Minister announced the extension of the South African Road Passenger Bargaining Council’s Main Collective Agreement to non-parties until 31 March 2023.
- The Director: Collective Bargaining, in Government Gazette No. 46625 dated 29 June 2022, extended the period of operation of the Bargaining Council for the Fishing Industry’s Main Collective Agreement to non-parties until 31 December 2022.
The above documentation can be requested by SERR Synergy Labour Pro clients from the Labour Department.
International Labour Organization (ILO)
Delegates attending the International Labour Conference (ILC) have adopted a resolution to add the principle of a safe and healthy working environment to the International Labour Organization’s (ILO) Fundamental Principles and Rights at Work. Delegates adopted the measure at the Conference’s plenary sitting on 10 June 2022.
The current four categories of Fundamental Principles and Rights at Work are:
- freedom of association and the effective recognition of the right to collective bargaining;
- the elimination of all forms of forced or compulsory labour;
- the effective abolition of child labour;
- the elimination of discrimination in respect of employment and occupation.
The decision by the Conference means that Occupational Safety and Health will become the fifth category.
The new fundamental Conventions will be the Occupational Safety and Health Convention, 1981 (No.155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187).
National Health Act 2003 (Act No. 61 of 2003)
The Minister of Health, Mathume Joseph Phaahla, in Government Gazette No. 46590 dated 22 June 2022, repealed the following Regulations relating to the Surveillance and the Control of Notifiable Medical Conditions under Government Notice 2060 dated 4 May 2022 with effect from 22 June 2022:
- Regulation 16A – ‘Wearing of face masks to contain the spread of Covid-19’;
- Regulation 16B – ‘Gatherings to contain the spread of Covid-19’; and
- Regulation 16C – ‘Persons entering the country to contain the spread of Covid-19’.
The SERR Synergy Occupational Health and Safety Department can assist businesses to comply with the relevant legislation. The above documentation can be requested by SERR Synergy OHS clients from the SERR Synergy OHS Department.
SERR Synergy Research Division
Lané Boshoff – email@example.com