Recent Labour Legislation Changes
POPI Compliance
10th June 2019
Why do you need a Will?
9th September 2019Parliament has recently enacted amendments to the Basic Conditions of Employment Act (BCEA) and the Labour Relations Act (LRA), and has also phased in the historic National Minimum Wage Act (NMWA). All of these legislative measures came into effect on 1 January 2019. Amendments to the Rules for the Conduct of Proceedings before the CCMA (CCMA rules) have also been published, and came into effect on the same day.
The latest amendments leave most of the CCMA rules intact in their present form. However, there are some important amendments to take note of in light of the legislative amendments referred to above.
Since 1 January 2019, the CCMA has been tasked with conciliating and arbitrating three new disputes:
- In instances where inspectors have obtained a written undertaking or have issued a compliance order to an employer to pay any amount owed to the employee in terms of the BCEA or the NMWA, and the employer fails to comply, the director general may request the CCMA to make the undertaking or compliance order an arbitration award.
- Where an employer refers a matter to the CCMA regarding the enforcement of an undertaking or a compliance order, such referral by an employer will have the effect of staying the enforcement of the compliance order.
- Any employee or worker as defined in s 1 of the NMWA may refer a dispute to the CCMA concerning the failure to pay any amount owing to that employee or worker in terms of the BCEA or the NMWA, a contract of employment, a sectoral determination or a collective agreement.
This article is for general information should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact an attorney for specific and detailed advice. Errors and omissions excepted (E&OE)
