By staff reporter
Picture sourced
Minister for Labour and Employment Xulasi Nxesi, reported at the SATUCC Conference held in Gauteng that, Union membership increased from 3.5 million to over 4 million between 2013/14 and 2020/21, while new registered unions increased from 203 to 220.
The theme was for the conference was, “Revitalization of Trade Unions in Southern Africa”.
SATUCC’s objective was to determine how to deliver the mandate and the need to return to trade union principles such as efficient and honest service to members.
According to Nxesi, “one of the unintended consequences of the 1995 Labour Relations Act’s is freedom of association was the proliferation of trade unions.”Combined with prevailing ‘majoritarianism,’ meaning that members of splinter unions are not directly represented in bargaining chambers. This resulted in a weakened collective representation of workers.
Nxesi stated that he had raised this issue with various unions, suggesting that they find ways to unite all workers, including those in splinter unions.
The Minister indicated that there appears to be fierce competition for membership, where some trade unions are using collective bargaining as a recruiting turf for membership by portraying their rivals as ‘sell-outs’ and resorting to intransigent tactics such as long and damaging strikes.
In recent years, the Department of Employment and Labour has seen an increase in the number of ‘unprotected’ strikes, indicating a deterioration in respect for collective bargaining institutions.
He mentioned that the public has been consulted on the draft National Labour Migration Policy (NLMP) and the draft Employment Services Amendment Bill. These policies seek to strike a balance between the constitutional rights of all South Africans to labour protections, expectations of access to work, international obligations and treaties and the economy’s need for scarce skills.
The Employment and Labour Department is working with NEDLAC (National Economic Development and Labour Council) to finalise arrangements for the Labour Market and Development Chambers to collaborate on the two documents. “We hope to complete final government consultations this year before referring both documents to Parliament,” Nxesi said.
Minister Nxesi emphasized the importance of managing labour migration, like other countries. As a result, South Africa will have a comprehensive policy and legal framework to manage labour migration for the first time.
The proposed National Labour Migration Policy intends to strike a balance in four areas. Starting with addressing South African’s expectations regarding access to job opportunities, in relation to the country’s worsening unemployment and the perception that foreign nationals distort labour market access. The NLMP, along with proposed legislation, will impose quotas on the total number of documented foreign nationals with work visas who can work in major economic sectors such as agriculture, hospitality and tourism, construction and others. Small Businesses will supplement the
NLMP.
The Department of Home Affairs is also reviewing current legislation, strengthening Border Management Authority and allowing people and other nationals to move orderly through ports of entry. The Department of Employment and Labour, in collaboration with all relevant authorities, is increasing inspections to enforce existing labour and immigration legislation.
Nxesi stated that Home Affairs had released a list of scarce and critical skills in high demand to guide foreign nationals with the listed skills that the economy requires and where job offers are allocated in line with work visas. In addition, the government will impose various obligations on the employer and the foreign national to transfer skills to locals, and permits will be limited in duration. Minister Nxesi stated, “South Africa is a signatory to international treaties and conventions governing the rights of migrants and refugees.”
All policies and interventions were developed within the Republic of South Africa’s constitution. The government will protect migrant workers and their families under the international standards and guidelines outlined by Minister Nxesi.
South Africa will also implement these initiatives in the context of regional integration and cooperation imperatives already agreed upon at the Southern African Development Community (SADC) and African Union levels, according to Nxesi.
The National Labour Migration Policy complements a proposed Employment Services Amendment Bill by providing a policy framework and legal basis for employers to regulate the extent to which they can employ foreign nationals in their establishments while protecting migrant’s rights.
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