Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - South Africa (Ratification: 1996)

Article 1 of the Convention. Adequate protection of casual workers against anti-union discrimination. In its previous comment, the Committee requested the Government to provide information about the effects of the provisions of the Labour Relations Amendment Act, adopted in August 2014, aimed at better protecting the rights of workers employed by labour brokers. The Committee notes the Government’s information concerning the scope of the protection introduced by the Labour Relations Amendment Act, adopted in 2014. It also notes that the Government indicates that to date, no cases have been referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) that deal specifically with anti-union discrimination where casual workers or employees in non-standard work are affected. Recalling that, in its previous comments, it noted the International Trade Union Confederation (ITUC) allegations concerning the difficulties faced by casual workers, especially those employed by labour brokers, joining trade unions because of the fear of not having their fixed-term contracts of employment renewed in case of affiliation, the Committee requests the Government to continue providing information on the cases of anti-union discrimination referred to the CCMA that may involve workers employed by labour brokers.

Article 4. Promotion of collective bargaining. Sectors of activity characterized by a high proportion of workers engaged in non-standard forms of employment. The Committee noted previously that section 21 of the Labour Relations Act, as amended by the Labour Relations Amendment Act adopted in 2014, provides that in case of a dispute about a trade union’s level of representativeness, the decision taken by the commissioner must, in addition to the factors already provided for in the law, also consider the extent to which there are workers engaged in non-standard forms of employment in the corresponding bargaining unit (temporary employment services (labour brokers) employees, employees with fixed-term contracts, part-time employees, or employees in other categories of non-standard employment). The Committee therefore requested the Government to provide information on the application and impact of the mentioned section, especially on the coverage of non-standard workers by collective agreements. The Committee notes the Government’s indication that to date no cases have been reported by the CCMA on the exercise of section 21 rights. It further notes the Government’s statement that the application of section 21 is to be monitored in the future and, in the meantime, a number of bargaining councils have started providing information on the composition of the workforce in their sector, identifying the number of employees assigned to work by temporary employment services. The Government points out that, among these bargaining councils, three (the Building Industry Bargaining Council in the Cape of Good Hope, the Motor Industry Bargaining Council (National), and the Bargaining Council for the Restaurant, Catering and Allied Trades in Gauteng Province) have identified temporary workers within their scope of operation and have collective agreements that cover such workers. The Committee requests the Government to continue providing information on the application and impact of section 21 of the Labour Relations Act, as amended by the Labour Relations Amendment Act, particularly on the coverage of non-standard workers by collective agreements.