Recent changes to the labour legislation
Highlights of some of the changes
The president has recently signed 4 labour bills into law namely the Basic Conditions of Employment Amendment Act 7 of 2018, Labour Relations Amendment Act 8 of 2018, National minimum wage Act 9 of 2018, and the Labour Laws Amendment Act 10 of 2018 which will come into force on a date determined by the President.
The National minimum wage Act 9 of 2018 increases the minimum wage to R 20 per hour, increasing the monthly minimum wage to between R3500-00 and R3900-00 for full time employees depending on the hours' work per month. The minimum wage will be implemented in a phased manner for sectors considered vulnerable for disemployment, for instance, agricultural workers (R18 per hour) and domestic workers (R15 per hour). Provision is also made for employers who are unable to pay the minimum wage to be exempt from paying the national minimum wage. The Act has further established a National Minimum Wage Commission which will be responsible for annually reviewing the national minimum wage.
The changes Labour Relations Amendment Act 8 of 2018 introduced mainly concern matters surrounding collective bargaining and a significant change is the creation of an advisory arbitration panel. The advisory arbitration panel has been established to resolve strikes (or lockouts) that are obstinate or violent and allows the panel may also intervene if there is potential for the strike (or lockout) to cause a local or national crisis.
The Labour laws amendment Act 10 of 2018 amends the Basic Conditions of Employment Amendment Act 7 of 2018 and introduces new types of leave such as parental leave, adoption leave and commissioning leave.
Parental leave allows a parent, who is not entitled to maternity leave, to 10 days of parental leave when their child is born or an adoption order is granted.
An adoptive parent of a child below the age of two is entitled to adoption leave of at least ten consecutive weeks; or at least ten consecutive days of parental leave.
Commissioning parent in a surrogacy agreement is entitled to commissioning leave of 10 consecutive weeks; or at least ten consecutive days of parental leave.