The Minister of Labour intends introducing the Bills to Parliament in the near future.

The National Minimum Wage Bill does not affect NAPTOSA, except to be cognisant of the fact that the minimum wage for a worker (e.g. casual worker) will be R 20.00 for each ordinary hour worked.

The proposed amendments to the LRA and BCEA will also not impact NAPTOSA directly.

The most interesting amendments appear to be the following ones to the LRA:

Clause 4 (s.69 of the Act)
A commissioner conciliating a dispute that could lead to a strike or lockout must attempt to secure an agreement on picketing rules between the disputing parties if such agreement does not already exist or must determine such picketing rules – the ELRC already has an agreement in this regard.

Clause 11 (s.108 of the Act)

The Registrar and Deputy Registrar of Labour Relations will be independent and no person or state organ may interfere with the functioning of the Registrar – coming from a Minister who previously interfered with decisions of the former Registrar.

Clause 15 (s.135 of Act)
A commissioner conciliating a dispute can request an extension of the 30 day period allowed in terms of the Act, for a further 5 days, if it could enhance the conciliation process – it, however, does not apply where the State is the employer.

Clause 16 (additions to s.150 of Act)
An advisory arbitration panel can be established to investigate an ongoing strike or lock-out and issue an advisory award in circumstances where a strike becomes protracted or violent or causes a national or local crisis. Disputing parties must indicate their acceptance or rejection of the advisory award. Before rejecting the award a party must consult its members and also motivate the rejection.

pdf Nat Min Wage Bill Nov 2017 (1.63 MB)

pdf LRA Amendment Bill Nov 2017 (2.26 MB)