Attorney Michael de Broglio on: South Africa, Law, Politics, Attorneys, Sport, Photography, Technology, Gadgets, Media, Crime, Road Accidents Fund,
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Our labour laws are certainly not the most competitive in the world, although there are always employees who feel that they are, and to hell with the effect on international companies wanting to invest in South Africa, or rather not, after seeing the laws we have. The Labour Relations Amendment Bill is expected to be in effect before the end of this year and has a number of changes, but some that have seen a liberalizing of the rules. For example, they have now decided that people who earn more than R1 million a year really don’t (because of what they earn) need the protection of the CCMA. Employers would be able to fire such highly paid individuals simply by giving the person concerned three months’ notice pay and they will have no right to proceed, other than to the Labour Court, unless it is an automatically unfair dismissal as set out in some very specific provisions of the Act. Part-time workers and part-time employees will also gain more rights and there are a number of changes relating to the terms of employment and remuneration of Judges of the Labour Court and changes relating to the calling of a strike or lockout, the status of picketing rules and agreements and to clarify the powers of the Labour Court in respect of breaches of picketing rules or agreements.
Posted by Michael de Broglio on Tuesday 02-Jul-13
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Comments
Henrietta said:
on Monday 08-Jul-13 08:57 AM
I also don't think you need CCMA protection when earning more that R1 Million a year. Surely you can pay someone to defend you..... I am glad that temps will get more right.
Joyce said:
on Friday 05-Jul-13 03:22 PM
I also don't think people who earn more than R1 million a year do need the protection of the CCMA
Catherine said:
on Friday 05-Jul-13 02:41 PM
It will be interesting to see what changes they are implementing relating to calling of strikes, picketing and terms of employment. Viva! to part-time workers gaining more rights.
Julz said:
on Wednesday 03-Jul-13 10:27 AM
In how many instances/cases does the CCMA actually win the case - as an employer I will obviously cover my butt and take into consideration the probable pursuit of the CCMA by a "dismissed" employee - there's always the employee's version of events AND that of the employer
Safia said:
on Tuesday 02-Jul-13 05:26 PM
I have noticed lots of hypocrisy in human beings over these labour issues . they stand up on the barricades to get bigger pay or more rights for themselves but then their domestic worker asks for 30 days paid sick leave and also reminds that she is paid less what the law stipulates as the minimum wage, and all of sudden the tables turn and these progressive minds becomes quite stingy. So generally people are generous with government and not their own company money but underpay their domestic workers.
salomie said:
on Tuesday 02-Jul-13 03:40 PM
I agree with Yolandi, it would be interesting as to how much these changes will effect everyone concern
Yolandi P said:
on Tuesday 02-Jul-13 03:30 PM
I'm glad that part time workers will get more rights. I hope that they will now be entitled to some form of annual, sick and family responsibility leave.
Thabitha said:
on Tuesday 02-Jul-13 01:43 PM
I also don't think someone earning R1 million will need CCMA
Anicia said:
on Tuesday 02-Jul-13 12:27 PM
True, our labour laws are actually not competitive to most countries in the world and I think that's why International companies are not eager to invest here. We have to many laws and I don't want to be an employer in this country. Yes the employees must have rights but sometimes it feels that all the laws are in favour of the employees!
Helen said:
on Tuesday 02-Jul-13 10:45 AM
Very interesting topic, I even sure that for all these years CCMA did not have query from individual earning more then R1 mil a year. Does not make cense that this person will even loose job that easy!
Benita said:
on Tuesday 02-Jul-13 09:09 AM
I agree if you earn more than R1 million a year you can afford to fend for yourself
Brumilde said:
on Tuesday 02-Jul-13 09:06 AM
Seems to me that they are getting lazy defending people.
Gareth said:
on Tuesday 02-Jul-13 09:01 AM
Nobody earning a R1 million plus a year needs any protection from anything. I would say once you are over R50k a month or R600k a year you can quite easily fend for yourself.
Tanya - The T said:
on Tuesday 02-Jul-13 07:56 AM
Lady Justice has another drop in the improvement of the balance - aka the starved side. I wonder what this new political party thinks about the Labour Laws.
Johannesburg based attorney specializing in personal injury matters including Road Accident Fund claims and medical negligence matters. My interests include golf, reading and the internet and the way it is constantly developing. I have a passion for life and a desire for less stress!
