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