scholarly journals THE STATE OF TEMPORARY EMPLOYMENT SERVICES IN DEMOCRATIC SOUTH AFRICA

2010 ◽  
Author(s):  
T Nkabinde
Keyword(s):  
South Africa ◽  
Trade Unions ◽  
Codes Of Conduct ◽  
Temporary Employment ◽  
Employment Service ◽  
Employment Services ◽  
Labour Relations ◽  
Motor Industry ◽  
Employment Sector ◽  
Tripartite Relationship

For many years now, South Africa, like many countries has legally recognised labour hiring as a form of employment, through various pieces of legislature. According to section 198(2) of the Labour Relations Act the parties in this tripartite relationship are the temporary employment service is known as the employer, the employee, who is the person who’s been contractually procured for his services, and the client, who is the user enterprise that seeks the services of the temporary employment service. This type of employment has been under public and legal scrutiny for a while now because of malpractice(s) against employees. Trade Unions have called for the total banning of the operation of temporary employment agencies whereas some organisations including the Confederation of Associations in the Private Employment Sector (CAPES) have called for codes of conduct that will regulate the industry. The motor industry has recently banned the operation of temporary employment services in its sector, due to the recent industrial strikes concerning the salaries and wages of employees in the industry. This move has become an exception to section 198. However, will this ban by the motor industry be the beginning of more sectors calling for the ban of temporary employment services in pursuit to being part of the exception? This article will look at the problems faced by temporary employment services in South Africa, the consequences of the lack of enforcement of the laws governing this industry, as well as what South Africa can learn from the international and foreign community.

scholarly journals Access to information: Information disclosure in some South African organisations

2007 ◽  
Vol 38 (1) ◽  
pp. 25-36
Author(s):  
R. Van Der Walt
Keyword(s):  
South Africa ◽  
South African ◽  
Trade Unions ◽  
Information Disclosure ◽  
Industrial Democracy ◽  
Access To Information ◽  
Labour Relations ◽  
Disclosure Of Information ◽  
The Way

Legislation such as the Labour Relations No 66 of 1995 and the Promotion of Access to Information Act No 2 of 2000 has paved the way for creation of a culture of un-coerced disclosure of information in South African organisations. The article reviews progress in respect of information disclosure in South Africa and other countries and discusses the effects of the LRA in regard to disclosure of information to trade unions and workplace forums. It then describes a study conducted by the author and discusses the findings. It concludes with pointing out certain weaknesses in the disclosure process and exhorts managements and the trade unions to work together to improve this important tool for achieving success in organisations and enhancing industrial democracy.

scholarly journals The "Double-edged Sword" of Institutional Power: COSATU, Neo-liberalisation and the Right to Strike

2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Carin Runciman
Keyword(s):  
South Africa ◽  
South African ◽  
Trade Unions ◽  
Analytical Framework ◽  
The South ◽  
Labour Relations ◽  
Institutional Power ◽  
Power Resources ◽  
Legal Provisions ◽  
The Right

On 1 January 2019 amendments to the Labour Relations Act came into force that significantly altered and curtailed the right to protected strike action in South Africa. Internationally, the right to strike has been eroded in recent years with many countries adopting legal provisions that violate the International Labour Organization’s principles. Comparatively, the rights of South African workers to go on protected strikes remain better than many other places in the world, a reflection of the militant history of the South African labour movement. But the erosion of these rights, with the active support of the Congress of South African Trade Unions, should be a cause for concern for activists and labour scholars in South Africa and beyond. This article develops the Power Resources Approach to consider how union institutional power has entrenched neo-liberalism in South Africa. Grounding the analysis of institutional power within the analytical framework of corporatism allows this article to develop an analysis of institutional power that is attentive to class forces. This provides an avenue for understanding the “double-edged sword” of institutional power in the South African context in order to comprehend when and under what circumstances trade unions advance and defend the interests of the working class and when they defend those of capital.  KEY WORDS: labour; neo-liberalism; institutional power; corporatism; South Africa

scholarly journals The preparation of the labor relations landscape of South Africa (1994-2008): an environmental perspective for sustainable development

2017 ◽  
Vol 8 (1) ◽  
pp. 93-102
Author(s):  
Braam (АА) Rust
Keyword(s):  
South Africa ◽  
Sustainable Development ◽  
Interest Rates ◽  
Trade Unions ◽  
Mining Industry ◽  
Economic Policies ◽  
Labour Relations ◽  
Legal Structures ◽  
Effective Instrument ◽  
Laws And Policies

This paper undertakes a review of the literature that examines the highlights and changes in specific external environmental factors (Ecology, Economy, Politics, Legislation and legal structures, and Society), between1994 and 2008 in South Africa, with the aim to ascertain how these factors affect the day-to-day labour relations in the workplace and add to sustainable development. These factors form the landscape for labour relations. Changes to them have consequences on the quality of labour relations, that is, inter alia, the frequency, and intensity of conflicts, disputes, demands and industrial actions. It is also evident that with its power and through the political system, the South African trade union was enhanced to shape the labour relations landscape. Labour laws were particularly designed to be worker friendly and to ensure that trade unions could use a fair collective bargaining system to spread the wealth of the mining industry, agriculture and other industries more evenly. Also, because of the alliance that exists between Labour and the ruling party (ANC), the economy was influenced so that economic policies could to a certain extent guide and steer economic growth, unemployment, inflation, interest rates and exchange rates. Trade unions were instruments in ensuring that formal changes in laws and policies did, in fact, reach and positively impact families and households within the social environment. Lastly, trade unions were the most effective instrument for heralding change within South Africa in the environmental fields of ecology, economy, politics, legislation and legal structures, as well as within society. Furthermore, these fields have interchangeably affected the labour relations landscape thereby indelibly shaping it between 1994 and 2008.

scholarly journals Sharing business information with employees

2003 ◽  
Vol 6 (3) ◽  
pp. 542-561
Author(s):  
R. Van der Walt
Keyword(s):  
South Africa ◽  
South African ◽  
Trade Unions ◽  
Information Disclosure ◽  
Radical Change ◽  
Industrial Democracy ◽  
Access To Information ◽  
Labour Relations ◽  
Business Information ◽  
Disclosure Of Information

The adoption of legislation such as the Labour Relations Act No 66 of 1995 and the Promotion of Access to Information Act No 2 of 2000 has brought about radical change in the process of disclosure of information in South African organisations. The article reviews developments in respect of information disclosure in South Africa and other countries and discusses the effects of the LRA in regard to disclosure of information to trade unions and workplace forums. It then describes a study conducted by the author and discusses the findings. It concludes with pointing out certain shortcomings in the disclosure process and urges managements and the trade unions to work together to improve this important tool for achieving success in organisations and enhancing industrial democracy.

scholarly journals Building capacity for their members: What employers’ organisations in South Africa need to know

2005 ◽  
Vol 36 (2) ◽  
pp. 39-56
Author(s):  
P. A. Grobler ◽  
M. Kirsten ◽  
S. Wärnich
Keyword(s):  
South Africa ◽  
Resource Management ◽  
Human Resource Management ◽  
Human Resource ◽  
Trade Unions ◽  
Client Satisfaction ◽  
Freedom Of Association ◽  
Building Capacity ◽  
Labour Relations ◽  
And Training

According to Chapter 2 of the Labour Relations Act 66 of 1995, employers, like trade unions, have a right to freedom of association. However, hardly any research has been conducted to establish the efficiency/effectiveness of employers’ organisations. The question thus is: To what extent do members (companies) make use of the services rendered by their employers’ organisations, and how satisfied are they with the service provided? From this study it is clear that a small percentage of companies avail themselves of the services of employers’ organisations. Popular areas of contact appear to be human resource management, labour relations and training. A number of problems in the area of client satisfaction have been identified and recommendations are made to increase the efficiency/effectiveness of employers’ organisations. It is clear that despite the limited use of their services, employers’ organisations continue to fulfil a key role in the labour dispensation in South Africa.

scholarly journals Temporary Employment Services (Labour Brokers) in South Africa and Namibia

2017 ◽  
Vol 13 (2) ◽  
pp. 106
Author(s):  
Stefan Van Eck
Keyword(s):  
South Africa ◽  
South African ◽  
Temporary Employment ◽  
International Labour Organisation ◽  
Employment Services ◽  
Policy Makers ◽  
Trade Union Movement ◽  
Union Movement ◽  
The Supreme Court ◽  
Court Of Appeal

South Africa currently allows labour broking although this area of commerce is problematic. The trade union movement, government and organised business are presently debating the future regulation of this industry. Namibia has experimented with, and failed, to place a legislative ban on labour broking. The Supreme Court of Appeal of Namibia considered International Labour Organisation conventions and provisions of their Constitution before concluding that labour broking should be regulated but not prohibited. In this article it is argued that South African policy makers can gain valuable insights from the Namibian experience. It is submitted that it would be appropriate for Parliament to take cognisance of international and foreign principles and to accept amendments that would provide for stricter regulation for labour broking, rather than placing an outright ban on this economic activity.

scholarly journals Understanding and Characterizing the Services Sector in South Africa

2018 ◽  
pp. 275-295 ◽  
Author(s):  
Haroon Bhorat ◽  
Christopher Rooney ◽  
François Steenkamp
Keyword(s):  
South Africa ◽  
Temporary Employment ◽  
Employment Services ◽  
High Productivity ◽  
Services Sector ◽  
Long Run ◽  
Secondary Sector ◽  
Skill Requirements ◽  
Employment Potential ◽  
Retail Services

One core economic challenge facing a developing country is its ability to structurally transform in a manner that generates higher levels of economic growth and employment absorption in the long run. Whilst such a question has often led into a detailed analysis of the role of the secondary sector generally, and manufacturing in particular, this chapter considers the growth and employment potential of the services sector in South Africa. First, there are a set of high-productivity skill-intensive industries in finance, business, communication, and in some cases retail services, which offer export potential—primarily via investment into international markets. Second, there are simultaneously a number of low-productivity industries with lower skill requirements found in informal retail and temporary employment services (TES). Third, tourism offers the potential to be an export-orientated industry with relatively low skill requirements.

scholarly journals Unionised strikes’ dynamics and economic performance: An exploratory study

2017 ◽  
Vol 14 (3) ◽  
pp. 354-363
Author(s):  
Shadrack Themba Mzangwa
Keyword(s):  
South Africa ◽  
Trade Unions ◽  
Freedom Of Association ◽  
Economic Implications ◽  
Labour Relations ◽  
Compulsory Arbitration ◽  
Essential Services ◽  
Manufacturing Sectors ◽  
Labour Contracts ◽  
The Right

Legally, the freedom of association and the formation of trade and worker unions are part of the fundamental human rights bestowed on the citizens in the Constitution of South Africa, as clearly spelt out in Section 23 and 77(1) of the Labour Relations Act (1995) for employees who are not engaged in essential services. Under the Labour Relations Act (1995), trade unions are granted the right to strike in order to seek better conditions of service. However, there is an increasing concern that the rate of industrial actions or unionised strikes are getting out of hand, especially in recent times. Theoretically and empirically, the direct costs of incessant unionised strikes are well known. In this paper, we explored the economic implications of the ever-growing rate of unionised strikes in post-apartheid South Africa. In particular, we assessed its impact on the most important economic variable, namely, real gross domestic product (GDP). We brought to light the sector that is affected most by unionised strikes in the country, the root causes and the implications for policy. Overall our assessment shows that within the space of five years (i.e. from 2009 to 2013), unionised strikes have led to approximately 10,264,775 days lost, and consequently a fall in GDP by 3.2% in 2014 compared to 3.8% in 2013. The sectors heavily affected by unionised strikes are mainly the mining and the manufacturing sectors. Low wages, unhealthy working conditions, and deficiencies in the bargaining system often emerged as the root causes of unionised strikes. The policymaker should pursue effective initiatives seriously to moderate the rate of unionised strikes in South Africa. Institutionalised means of dispute resolution should be embraced and enhanced. These should include but not be limited to ballot requirements, proper regulation of the use of replacement workers, and compulsory arbitration. Policies that spell out employer-employee mandates should be binding such that no party exploits labour contracts to the detriment of the other.

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