Registered union membership has increased in recent years, union representation in bargaining councils has decreased: Tw Nxesi, Minister of Employment and Labour
Union membership increased from 3.5 million to over 4 million between 2013/14 and 2020/21, while the total number of registered unions increased from 203 to 220. Nxesi mentioned this today, October 28, 2022, while speaking at the SATUCC worker congress in Gauteng. The worker congress will be held on October 25-28, 2022.
According to Nxesi, “one of the unintended consequences of the 1995 Labour Relations Act’s freedom of association was the proliferation of trade unions.” When combined with prevailing ‘majoritarianism,’ this tends to mean that members of splinter unions are not directly represented in bargaining chambers, resulting in a weakened collective representation of workers. Nxesi stated that he has raised this issue with various unions, suggesting that they find ways to unite all workers, including those in splinter unions – as difficult as that may be, Nxesi added.
Minister Nxesi, on the other hand, stated that there appears to be fierce competition for membership, to the point where some trade unions are using collective bargaining as a recruiting turf for membership by portraying their rivals as ‘sell-outs’ and resorting to intransigent tactics such as long and damaging strikes.
In recent years, the Department of Employment and Labour has seen an increase in the number of ‘unprotected’ strikes, indicating a deterioration in respect for collective bargaining institutions. Even the most militant-sounding union leader understands the importance of registration and can be found lobbying the minister for the implementation of certain aspects of the LRA, such as the extension of collective agreements to non-members.
The public has been consulted on the draft National Labour Migration Policy (NLMP) and the draft Employment Services Amendment Bill. The policy seeks to strike a balance between the constitutional rights of all South Africans to labour protections, South Africans’ expectations of access to work, our international obligations and treaties, and the economy’s need for scarce skills.
Following a decision by SADC Ministers of Employment and Labour to harmonize standards within the region, the Department began research on a National Labour Migration Policy. By the end of 2021, five countries in the region had made significant progress in this area, despite simmering tensions and differences in legislation on migration management, which had shifted in all directions in response to the Covid-19 pandemic and rising unemployment rates.
The Employment and Labour Department is working with NEDLAC (National Economic Development and Labour Council) to finalise arrangements for the Labour Market and Development Chambers to collaborate on the two documents. “We hope to complete government final consultations this year before referring both documents to Parliament,” Nxesi said.
The draft National Labour Migration Policy must be viewed in the international context of globalisation and cross-border migration as the norm. Minister Nxesi emphasized the importance of properly managing labour migration, which all countries do. As a result, South Africa will have a comprehensive policy and legal framework to manage labour migration for the first time.
The proposed National Labour Migration Policy seeks to strike a balance in four areas. The first is to address South Africans’ expectations regarding access to job opportunities, given the country’s worsening unemployment and the perception that foreign nationals distort labour market access. The NLMP, along with proposed legislation, will impose quotas on the total number of documented foreign nationals with work visas who can work in major economic sectors such as agriculture, hospitality and tourism, construction, and so on. The NLMP will be supplemented by Small Businesses.
The Department of Home Affairs is also reviewing current legislation and strengthening the Border Management Authority in order to secure porous borders and allow people and other nationals to move orderly through ports of entry only whilst the Department of Employment and Labour, in collaboration with all relevant authorities, is increasing inspections in order to enforce existing labour and immigration legislation.
Nxesi stated that Home Affairs has released a list of scarce and critical skills in high demand in order to provide guidance for foreign nationals with the listed skills that the economy requires and where job offers have been made to be allocated work visas. In addition, the government will impose various obligations on both the employer and the foreign national to transfer skills to locals, and permits will be limited in duration.
Minister Nxesi stated, “South Africa is a signatory to international treaties and conventions governing the rights of migrants and refugees.” All policies and interventions were developed within the framework of the Republic of South Africa’s constitution, and the government will ensure the protection of migrant workers and their families in accordance with the international standards and guidelines outlined by Minister Nxesi. South Africa will also implement these initiatives in the context of regional integration and cooperation imperatives already agreed upon at the Southern African Development Community (SADC) and African Union levels, according to Nxesi.
The National Labour Migration Policy complements a proposed Employment Services Amendment Bill by providing a policy framework and legal basis for employers to regulate the extent to which they can employ foreign nationals in their establishments while protecting migrants’ rights.
Minister Nxesi mentioned that the theme of this conference is “Revitalization of Trade Unions in Southern Africa: it asks the conference; how best can we deliver our mandate” and emphasizes the need to return to basic trade union principles such as worker power and democracy; mandating and accountability of leaders; efficient and honest service to members – which addresses their real concerns in the workplace; organising and recruitment in the knowledge that bargaining power resides.
Source: Government of South Africa