Proposed labour law changes - open for public comment

Cabinet has approved proposed amendments to labour laws, which are now out for public comment.

CapeTalk and 702's Africa Melane asked Lisa Szöke, Associate Director at Guy & Associates Incorporated what some of the main points are.

"I think the main takeaways are the expanded definition of employee. That's going to incorporate a large number of persons who previously were excluded from that definition. Particularly because they are now including providing services to clients and customers under the terms of the entity that you are working for.

"So they are very much trying to include the gig economy in that. Our Uber drivers and our Uber Eats delivery people and those types of gig workers are now going to be presumed to be employees.

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Szöke said this is a move towards modernisation. "Trying to recognise that employment doesn't always look like we thought it looks. Things like the gig economy as well as the sort of employees who are on call and don't necessarily have fixed hours. It's trying to recognise that and adapt to that."

The proposed amendments also make it much easier to terminate in the initial stages of employment.

"That's also very significant for employers because I think that's a long term gripe that you hire someone and then you essentially have an employee. Regardless of the fact that you're still want that initial period to assess."

The CCMA has also increased its powers to assist workers with enforcing their awards.

"That's recognising that a vulnerable employee that's been unemployed for a significant period of time. They now have been successful at the CCMA.

They haven't been earning. They now need to go via the sheriff to enforce their arbitration award. That comes with a cost. And a sheriff to an unknown party is not going to do anything without obtaining a deposit. The CCMA can now sit with those fees. So, it's certainly recognising that there are vulnerable groups who weren't able to exercise rights and trying to put measures in place to stop these bottlenecks. I think there is a clear intention there."

There are also proposed changes to parental leave. A single employed parent is entitled to four months of parental leave, where there are two employed parents they will share those four months and ten days subject to agreed arrangements.

How will that work in practice?

"It's already been in place because of the Constitutional Court judgment.

It's the Van Wyk judgment that actually said we need to give more equal rights to parents to parent their new child. But in practice I do still have some questions, I'm not sure that the judgement nor the amendment has fully answered all of our questions. "

To listen to Szöke's full discussion with Africa Melane, click the link below: