LABOUR LAW SHORTCOMINGS WORKERS DEMANDS No recognition of International Labour Standards in interpretation Interpretation of the Labour Act that complies with the constitution and International Labour Standards (Multiplicity) many laws that govern labour matters: Harmonization of labour laws -Public Service Act No to use of Presidential Powers in Labour matters -Health Services Act No to POSA -Labour Act -POSA Omission of other forms of discrimination No provision for maximum working hours Include socio-economic status, marital status, sex, religion, national extraction, trade union membership and other form of discrimination whether direct or indirect A working week of not more than 40 hours No over time without workers’ consent Limited rights of workers’ representatives The right of workers’ representatives to access information, investigate, recruit and service members Continuous renewal of fixed term contracts No to casualization of labour Late payment of wages Payment of interest at prevailing bank lending rate on over due wages and salaries Dismissal of “any act” of misconduct No to dismissals without specific charges, remove 'any act' Deliberate refusal to reinstate unfairly dismissed workers Employees are being suspended from work without pay Unilateral implementation of short time work by employees No minimum retrenchment packages Unconditional reinstatement or prohibitive damages equivalent to the difference between the employee's age and his normal retirement age. No to mitigation of loss of employment LABOUR LAW SHORTCOMINGS Delayed payment of terminal benefits Inadequate sick leave pay and benefits. Automatic termination of employment after exhaustion of 180 days sick leave. Full payment of wages and benefits during sickness including HIV and AIDS. No to dismissal of sick workers after 180 days without considering their plight and alternative measures to accommodate their sickness Inclusion of Saturdays, Sundays and public holidays as part of vacation leave. No, exclude Saturdays, Sundays and public holidays as part of vocation leave. Inadequate special leave days (12 days). Increase special leave days from 12 days to 30 working days 24 hours of continuous rest per week 48 hours of continuous rest per week No provision for family leave Workers are paid last in the event of insolvency or winding up of companies. One year qualifying service for maternity leave. Only three pregnancies with one employer. The law is silent on miscarriage and stillbirth No right to antenatal days for pregnant mothers No right to paternity leave for men Suspended workers must be paid full salaries pending finalization of their case Implementation of short time work only after an agreement at works council WORKERS DEMANDS Instant payment of terminal benefits, 24hours Family responsibility leave on full pay to attend to: (a)Child care (b)Family services, (c)Community services, (d)National duty, and (e)Trade union business Payment of workers terminal benefits first in the event of insolvency or winding up of companies. Unconditional right to maternity leave. Increase in breastfeeding time from 1 hour in 6 months to 3 hours in 18 months. No hazardous work for pregnant and nursing mothers. 6 weeks maternity leave after miscarriage or stillbirth Provision of paid antenatal days for pregnant mothers. 14 days paid paternity leave for husband No right to paid educational leave except in the Public Service Paid educational leave for workers to enhance ef ficiency Set a minimum retrenchment package to be paid to any retrenched employee as follows: No provision of working place and time for workers Allocation of an office with equipment and appointment of full time shop steward at the workplace representatives to attend to workers grievances (i)Three months service remuneration for every year worked, including the pro rata share thereof; (ii) Six months severance pay; (iii)A relocation allowance equivalent to 3 months remuneration; (iv) Continuation of medical facilities and benefits for a period of one year after retrenchment; (v) An option for the employee to purchase at book value any dwelling or item of a personal nature the employee might have been using at the time of the retrenchment; and (vi) Tools of trade; (vii) The right of first re-employment in the first three years of retrenchment to any retrenched employee. Victimization of workers representatives Immunity of workers representatives against all forms of victimization Undue interference by the Minister: Minister has power to control and regulate trade union elections, postpone or change venue of trade union , power to set aside union elections, fixing qualifications for officers of trade unions, change procedures for conducting an election, regulate, collection and use of union dues, interference in approving and amending collective bargaining agreements, investigate trade unions, imposition of levies on trade unions, sweeping powers to make law. No to ministerial interference in trade union work. Collective bargaining agreements must be binding and effected as per the parties agreement. Labour regulations must be made after consultations

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