Labour Brokers were used as a "Red Herring".

VC


On 15 November 2011 08:05, <[email protected]> wrote:

> What going on with Baning of Labour Brokers????
>
> Cosatu and its affiliates are all talk n talk in matters of ANC and SACP
> but they fail to deal with this one in their hands...
>
> "There will be a mother of all strikes"- Vavi....
>
> Madala
>
>
>
>
> Sent from my BlackBerryŽ wireless device
> ------------------------------
> *From: * Dominic Tweedie <[email protected]>
> *Sender: * [email protected]
> *Date: *Tue, 15 Nov 2011 07:30:12 +0200
> *To: *<[email protected]>
> *ReplyTo: * [email protected]
> *Subject: *[YCLSA Discussion] Not only wages but also workplace culture
> and productivity must shift; and SA public sector bargaining is utterly
> dysfunctional
>
>
> [image: Business Day]
>
>
> *Pragmatic reform of labour legislation needed urgently *
>
>
>  *Halton Cheadle, Peter le Roux and Clive Thompson, Business Day,
> Johannesburg, 15 November 2011*
>
> ****THE performance of SA’s labour market and one of its key props,
> labour law, are the subject of criticism and for the same reason: dismal
> outcomes. The attacks come from left and right, so the prescriptions for
> reform run in opposite directions.****
>
> ****Earlier this month, Congress of South African Trade Unions general
> secretary Zwelinzima Vavi reported to French President Nicolas Sarkozy that
> SA is the country with the highest rate of unemployment among middle-income
> countries and with the highest rate of inequality in the world. He could
> have added that it is blighted by possibly the highest strike rate as well.
> ****
>
> ****For more than 20 years, November has been a time when the three of us
> (and some others) have collected our thoughts on the state of labour law
> and offered a synopsis to audiences around the country. What has changed in
> that time is that the political order and its ensuing legislation have
> become legitimate. What has not changed is a lack of consensus on the
> formula for productive workplaces.****
>
> ****Law is a distinctly secondary force in the making of social outcomes
> but it still has an important effect. Given the mixed and even
> disappointing results of the 1995 Labour Relations Act (LRA), we have to
> keep reconsidering. We have some thoughts, some of which are lofty and
> others pragmatic.****
>
> ****The 1995 LRA was designed to promote fairness, rationality and a
> higher level of co-operation across the labour market, from industry forums
> down to individual workplaces. It gives expression to the relevant sections
> of the bill of rights and it meets international labour standards. There
> can be no doubt that back in the 1990s, the new legislation helped to
> stabilise workplace relations: industrial conflict in the second half of
> that decade was dramatically down on the first. The National Economic
> Development and Labour Council played the role of patrician, providing
> policy leadership, all-party cohesion and not a few guides. The Commission
> for Conciliation, Mediation and Arbitration (CCMA) and the Labour Court did
> then and continue today to do sterling work in guaranteeing fairness and
> rationality, and damp ing down what would otherwise be still higher levels
> of discord.****
>
> ****Given the state of labour relations and economic performance today,
> is it the design of the law that stands exposed? Are its provisions too
> rigid, hampering market responsiveness to global and domestic needs? Or is
> its orbit too narrow, failing to reach out and protect those in the
> informal and atypical employment sectors? Our sense is that it is not the
> structure of the law that is wanting (accepting that no law can do
> everything anyway). Rather, the stumbling block takes the shape of a lack
> of social receptiveness to a key part of the LRA’s scheme, made worse by
> the inability of national macroeconomic policies to deliver sustainable,
> employment- boosting growth.****
>
> ****While the institution of collective bargaining was robustly asserted
> in the 1995 LRA, provision was also made for a second channel of industrial
> relations. Parties were invited to form workplace forums, platforms to
> foster trust and workplace productivity. Collective bargaining and the
> dispute resolution structures of the LRA cannot carry the weight of labour
> dynamics in this unequal society in the absence of the embrace at least of
> the philosophy underlying the second channel.****
>
> ****This last observation is linked to another. For so long as employers
> and unions see the workplace as simply a site of struggle, South African
> business will never be able to prosper domestically or compete
> internationally. Whether one is dealing with the public or private sector,
> more efficient ways of organising work and delivering goods and services
> have to be a priority. If the debate between labour and capital is confined
> to the distributive element of collective bargaining, no real progress can
> be made.****
>
> ****A new social compact is needed for this to be achieved. This cannot
> be limited to the top-tier actors; it must reach down to the workplace
> leadership as well. It should not be so much a compact in relation to wages
> but on workplace culture, productivity and reform.****
>
> ****But, away from that grander agenda, several areas of the law deserve
> a rethink as well. Let us deal with an area of outright pathology first. SA
> cannot afford the level of conflict associated with failed collective
> bargaining in the public sector. The consequences for society are not only
> expensive, they are fatal. Nor do workers enjoy any net financial gain;
> they end up worse off. An end to volatility in this sector is not in sight.
> There is, however, a voluntary remedy available until saner perspectives
> prevail. The parties should consider agreeing to submit all economic
> disputes to arbitration for a respectable period, say three years. The
> record out of Canada shows that arbitrated outcomes in the public sector
> track negotiated outcomes very closely, but without the costs of industrial
> action. While the exercise of power does have an important role to play in
> underpinning the bargaining process, for now, in SA, that role has become
> utterly dysfunctional.****
>
> ****Ireland also offers a suggestion on how better to regulate potential
> conflict in public sector bargaining. The parties should be required to
> enter into comprehensive agreements regulating all contingencies in the
> event of industrial action. This should go much further than a mere set of
> picketing rules, covering all the possible consequences of disruption. It
> should leave space for the legitimate exercise of power while clamping down
> on its illegitimate expressions.****
>
> ****Violence in private sector labour relations has also reached new
> post-1994 heights. Here, too, there is a need to introduce procedural
> obligations that go beyond pro-forma picketing rules. And a case can be
> made for the right to industrial action to be open to suspension by the
> Labour Court if that action is accompanied by egregious conduct.****
>
> ****A second area for pragmatic reform relates to unfair dismissal. Given
> a history of arbitrary management decision-making, it was appropriate for
> the then Industrial Court to introduce stringent rules in relation to
> pre-dismissal hearings in the 1980s. That time has now passed and the
> cottage industry associated with predismissal inquiries needs to be closed
> down. The CCMA’s imminent Guidelines on Misconduct Arbitrations will
> assist, but perhaps the adoption of US arbitrators’ approach of dispensing
> with the requirement of all forms of predismissal hearing (at least as a
> legal requirement) is what is needed.****
>
> ****Third, SA is not dealing merely with a dual labour market but one
> that is sliced and diced into multiple segments. Collective bargaining
> processes and outcomes need to reflect that diversity. The recent agreement
> on a tiered wage structure in the clothing sector represents pioneering and
> necessary flexibility in the approach to bargaining.****
>
> ****Fourth, the abuse of contract labour does not justify outright
> prohibition. The abuses of contract labour can be prevented by appropriate
> regulation.****
>
> ****Even disgruntled players need to recognise that contract labour is
> now ubiquitous and is sometimes a useful feature of labour markets across
> the world.****
>
> ****However, all of these prescriptions — and other amendments to
> legislation that might soon be in the offing — will count for very little
> if a broad consensus on the need to transform the workplace culture is not
> actively pursued and achieved.****
>
>
>    - ****Cheadle was the principal architect of the 1995 LRA. Le Roux and
>    Thompson are lawyers who have been engaged in the practice and reform of
>    labour law since the 1970s.
>
>
>  *****From: http://www.businessday.co.za/articles/Content.aspx?id=158666*
>
>
>
>
>  * *
>
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