The impact of the LRA amendments 2015 - section 198 on labour flexibility in the nelson Mandela Bay automotive component manufacturing industry
- Authors: Badenhorst, Petri
- Date: 2018
- Subjects: Employment agencies -- South Africa , Labor market -- South Africa -- Nelson Mandela Bay Municipality Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: http://hdl.handle.net/10948/23360 , vital:30535
- Description: For many years businesses have been capitalising on the benefits that employees employed on a temporary basis through temporary employment services (labour brokers) has had to offer in terms of labour flexibility. Following the passing of the amended Labour Relations Act of South Africa in early 2015, much attention has been given to section 198 as this section aims to further regulate the use temporary employment. The main objective of this paper consists in studying the impact that the recent amendments to section 198 of the Labour Relations Act have had on labour flexibility in the Nelson Mandela Bay automotive component manufacturing industry. The paper examines how businesses have historically benefitted from the use of temporary labour, how these benefits are slowly being removed, and how businesses are responding to mitigate the risks associated with this legislative change whilst becoming compliant. As the topic being researched is still very recent, with certain legal aspects remaining to be fully tested in the courts, it is hoped that that this study will provide sufficient information to assist all the stakeholders of businesses to make more informative decisions in the future.
- Full Text:
- Date Issued: 2018
- Authors: Badenhorst, Petri
- Date: 2018
- Subjects: Employment agencies -- South Africa , Labor market -- South Africa -- Nelson Mandela Bay Municipality Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: http://hdl.handle.net/10948/23360 , vital:30535
- Description: For many years businesses have been capitalising on the benefits that employees employed on a temporary basis through temporary employment services (labour brokers) has had to offer in terms of labour flexibility. Following the passing of the amended Labour Relations Act of South Africa in early 2015, much attention has been given to section 198 as this section aims to further regulate the use temporary employment. The main objective of this paper consists in studying the impact that the recent amendments to section 198 of the Labour Relations Act have had on labour flexibility in the Nelson Mandela Bay automotive component manufacturing industry. The paper examines how businesses have historically benefitted from the use of temporary labour, how these benefits are slowly being removed, and how businesses are responding to mitigate the risks associated with this legislative change whilst becoming compliant. As the topic being researched is still very recent, with certain legal aspects remaining to be fully tested in the courts, it is hoped that that this study will provide sufficient information to assist all the stakeholders of businesses to make more informative decisions in the future.
- Full Text:
- Date Issued: 2018
The status of employees employed by temporary employment services
- Authors: Strydom, Masunet
- Date: 2017
- Subjects: Employment agencies -- South Africa , Labor laws and legislation -- South Africa Employees -- South Africa Personnel management -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/13680 , vital:27295
- Description: The traditional employer-employee relationship came under an increased threat the past two decades with employers finding the option of utilising the services of Labour Brokers more attractive. Various reasons existed for this tendency amongst employers to opt for the use of Labour Brokers, some of these reasons being valid but mostly some reasons being born out of fear for the unknown labour law duties and obligations that were proposed to be placed on employers post 1994. In the absence of an action plan between the role players in the labour fraternity pathing the way traditional employer-employee relationships could be salvage, employers resorted to the appointment of Labour Brokers and Government on their part retaliated by considering either the total ban of Labour Brokers or the regulation of the profession to such an extent that same became largely unattractive and problematic. The non-addressing of problems and fears faced with by employers post 1994 resulted in an opportunity waisted to narrow the gap between employers and employees with the fight over work force power being the more important factor taken into consideration. This treatise will explore the options that faced the roll players post 1994 in the labour market, the reason for choices made and the effect same has had since on the labour market. The problematic amendments made to Section 198 of the Labour Relations Act in an attempt to iron out the wrinkles poor choices made by the stake holders over the regulations of Labour Brokers, will be discussed. The ripple effect the amendments to Section 198 of the Labour Relations Act had on other pieces of South African legislation will be considered and the uncertainty and confusion it has created discussed. Specific attention needs to be drawn to the intention of the legislature as to which party, the Labour Broker or employer, will be responsible for the ramifications of the wrong doings of an employee. Also, which party will be responsible to the employee to fulfil its labour rights as granted in the Constitution of South Africa. Unleashing reaction to the regulations of Temporary Employment Services does not seem to be a problem, the problem arises where the regulations proposed did not unleashed the desired reaction and roll players finding themselves frustrated and with having no alternative as to turn the Courts to solve the largely self-inflicted conundrum. The courts are left with the task of clarifying the legislature’s true intension in amending section 198 of the Labour Relations Act, which impact the writer with all due respect do not think the legislature even appreciated when the amendments were drafted. Currently, there is dividing views on the future of Labour Brokers per se in South Africa and the interpretation concerning Section 198 of the Labour Relations Act, as amended. The focus of this treatise is to highlight the different interpretations given to these amendments this far and highlight that if it is in fact the wish of stake holders in the Labour fraternity that Labour Brokers should continue to exist, clarification is needed by our Constitution Court on certain vital issues and as discussed in this treatise.
- Full Text:
- Date Issued: 2017
- Authors: Strydom, Masunet
- Date: 2017
- Subjects: Employment agencies -- South Africa , Labor laws and legislation -- South Africa Employees -- South Africa Personnel management -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/13680 , vital:27295
- Description: The traditional employer-employee relationship came under an increased threat the past two decades with employers finding the option of utilising the services of Labour Brokers more attractive. Various reasons existed for this tendency amongst employers to opt for the use of Labour Brokers, some of these reasons being valid but mostly some reasons being born out of fear for the unknown labour law duties and obligations that were proposed to be placed on employers post 1994. In the absence of an action plan between the role players in the labour fraternity pathing the way traditional employer-employee relationships could be salvage, employers resorted to the appointment of Labour Brokers and Government on their part retaliated by considering either the total ban of Labour Brokers or the regulation of the profession to such an extent that same became largely unattractive and problematic. The non-addressing of problems and fears faced with by employers post 1994 resulted in an opportunity waisted to narrow the gap between employers and employees with the fight over work force power being the more important factor taken into consideration. This treatise will explore the options that faced the roll players post 1994 in the labour market, the reason for choices made and the effect same has had since on the labour market. The problematic amendments made to Section 198 of the Labour Relations Act in an attempt to iron out the wrinkles poor choices made by the stake holders over the regulations of Labour Brokers, will be discussed. The ripple effect the amendments to Section 198 of the Labour Relations Act had on other pieces of South African legislation will be considered and the uncertainty and confusion it has created discussed. Specific attention needs to be drawn to the intention of the legislature as to which party, the Labour Broker or employer, will be responsible for the ramifications of the wrong doings of an employee. Also, which party will be responsible to the employee to fulfil its labour rights as granted in the Constitution of South Africa. Unleashing reaction to the regulations of Temporary Employment Services does not seem to be a problem, the problem arises where the regulations proposed did not unleashed the desired reaction and roll players finding themselves frustrated and with having no alternative as to turn the Courts to solve the largely self-inflicted conundrum. The courts are left with the task of clarifying the legislature’s true intension in amending section 198 of the Labour Relations Act, which impact the writer with all due respect do not think the legislature even appreciated when the amendments were drafted. Currently, there is dividing views on the future of Labour Brokers per se in South Africa and the interpretation concerning Section 198 of the Labour Relations Act, as amended. The focus of this treatise is to highlight the different interpretations given to these amendments this far and highlight that if it is in fact the wish of stake holders in the Labour fraternity that Labour Brokers should continue to exist, clarification is needed by our Constitution Court on certain vital issues and as discussed in this treatise.
- Full Text:
- Date Issued: 2017
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