For ease of reference the labour laws promulgated recently with the dates of commencement are provided herewith.

BASIC CONDITIONS OF EMPLOYMENT AMENDMENT ACT NO. 7 of 2018

[ASSENTED TO 23 NOVEMBER 2018]

[DATE OF COMMENCEMENT: 1 JANUARY 2019]

(English text signed by the President)

ACT
To amend the Basic Conditions of Employment Act, 1997, so as

• to substitute and insert certain definitions;
• to provide for daily wage payments applicable to certain employees;
• to repeal certain provisions dealing with sectoral determinations and to disestablish the Employment Conditions Commission;
• to extend the jurisdiction of the Commission for Conciliation, Mediation and Arbitration;
• to extend the provisions for monitoring and enforcement by the labour inspector;
• to include enforcement of the provisions of

    • the National Minimum Wage Act, 2018,
    • the Unemployment Insurance Act, 2001 and
    • the Unemployment Insurance Contributions Act, 2002;

• to provide for claims for underpayment;
• to provide for transitional arrangements;
• to regulate sectoral determinations currently in force;
• to strengthen collective bargaining in respect of the sectors regulated by those sectoral determinations; and
• to provide for matters connected therewith.

LABOUR RELATIONS AMENDMENT ACT NO. 8 of 2018

[ASSENTED TO 23 NOVEMBER 2018]

[DATE OF COMMENCEMENT: 1 JANUARY, 2019]

(English text signed by the President )

ACT
To amend the Labour Relations Act, 1995, so as

• to provide criteria for the Minister before the Minister is compelled to extend the collective agreement as contemplated in the Act;
• to provide for the renewal and extension of funding agreements;
• to provide for picketing by collective agreement or by determination by the Commission in terms of picketing regulations;
• to provide for the classification of a ratified or determined minimum service;
• to extend the meaning of ballot to include any voting by members that is recorded in secret;
• to provide for the independence of the registrar and the deputy registrar;
• to provide for an advisory arbitration panel;
• to provide for an advisory arbitration award;
• to provide for transitional provisions; and
• to provide for matters connected therewith.

LABOUR LAWS AMENDMENT ACT NO. 10 of 2018

[ASSENTED TO 23 NOVEMBER 2018]

[DATE OF COMMENCEMENT: 1 MARCH, 2019]

(Unless otherwise indicated)
(English text signed by the President)

ACT

To amend the Basic Conditions of Employment Act, 1997, so as

• to insert new definitions; to correct an obsolete reference to an Act;
• to provide for parental, adoption and commissioning parental leave to employees;
• to provide that a collective agreement may not reduce an employee’s entitlement to parental, adoption or commissioning parental leave;
• to amend the Unemployment Insurance Act, 2001, so as to provide for the right to claim parental and commissioning parental benefits from the Unemployment Insurance Fund;
• to provide for the application for, and the payment of, parental and commissioning parental benefits from the Unemployment Insurance Fund;
• to correct an obsolete reference to an Act;
• to provide that the number of contributors to whom parental and commissioning parental benefits were paid and the amount of such payments be included in the written report from the Director-General to the Minister; and
• to provide for matters connected therewith.

NATIONAL MINIMUM WAGE ACT NO. 9 of 2018

[ASSENTED TO 23 NOVEMBER 2018]

[DATE OF COMMENCEMENT: 1 JANUARY, 2019] (Unless otherwise indicated)

(English text signed by the President)

ACT

• To provide for a national minimum wage;
• to establish the National Minimum Wage Commission;
• to provide for the composition and functions of the National Minimum Wage Commission;
• to provide for the review and annual adjustment of the national minimum wage;
• to provide for exemption from paying the national minimum wage; and
• to provide for matters connected therewith.

PREAMBLE

  • RECOGNISING that the Republic of South Africa is one of the most unequal societies in the world and that there are huge disparities in income in the national labour market;
  • NOTING the need to eradicate poverty and inequality;
  • ACKNOWLEDGING the need to promote fair and effective competition in the labour market and labour market stability;
  • NOTING the constitutional obligation on the State and employers to promote and fulfil the right to fair labour practices,

BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—