COSATU TABLES NOTICE OF PROTEST ACTION REGARDING ISSUES RELATED TO THE PROPOSED LABOUR LAW AMENDMENTS

The Congress of South African Trade Unions today tabled a notice of possible protest action at Nedlac regarding the issues upon which government has proposed amendments to the Labour Relations Act, Basic Conditions of Employment Act and the Insolvency Act. The notice is also directed at business, because of business' "responses and attitude" towards these issues.

The notice was tabled in terms of Section 77 of the Labour Relations Act, which allows registered trade unions or federations of trade unions to undertake protest action to promote and protect the social and economic interests of workers, if they follow certain procedures. Before embarking on protest action, the trade union concerned is required to serve notice on Nedlac stating the reasons for the protest action and the intended nature of the protest action. The Act requires the Nedlac parties to meet with the trade union and the parties at whom the notice is directed, to consider the issues raised. Should the issues remain unresolved after thorough consideration, workers are entitled to participate in protected protest action 14 days after serving a second notice on Nedlac of their intention to proceed with the action.

In the notice served on Nedlac, Cosatu lists 14 issues around which it has concerns. These are:

• The length of the working week
• Overtime
• Variation of basic conditions of employment by the Minister of Labour
• Sunday work and payment for Sunday work
• The presumption as to who is an employee and atypical forms of work
• Disclosure of information
• Extension of collective agreements
• The first six months of employment and probationary employees
• Retrenchments (including the right to strike about retrenchments)
• Compensation for procedurally unfair dismissals
• Transfers of business as going concerns and in insolvent circumstances
• Notices of sequestration and liquidation to trade unions and workers
• Ranking of workers' claims; and
• Voluntary liquidation and sequestration applications.

Cosatu further indicates that the protest action would be in response to all proposals that constitute a downward variation of workers' and trade unions' rights that are presently contained in the various labour-related statutes.

Cosatu indicates in the notice that the nature of the proposed protest action would include marches, protest rallies, demonstrations and work stoppages.

"We will convene a meeting of Nedlac's standing committee on Section 77 notices in the New Year," said Phillip Dexter, Executive Director of Nedlac.