Re: Written submission to the Portfolio Committee on Labour on the Basic Conditions of Employment Amendment Bill (B70-2001) and the Labour Relations Amendment Bill (B77-2001)
From: Matthew Parks, Parliamentary Liaison Officer, Disabled People South Africa
Introduction
Disabled People South Africa (DPSA), is a non-racial, non-sexist, cross-disability, national disability rights movement. It is a movement of disabled people, for disabled people, by disabled people. Disabled people are amongst South Africa's poorest people and unemployment and poor conditions of employment have been of great importance to many workers with disabilities and families of disabled people. With regards to the above mentioned Bills, DPSA makes the following inputs and/ or proposed amendments.
Most disabled people are unemployed. The few that do have employment tend to occupy the most vulnerable sections of the work force. They are usually employed in a discriminative fashion, in menial occupations such as receptionists, cleaners etc. They are also subject to the most exploitative and oppressive conditions of employment, i.e. the lowest wages, longest hours, most dangerous environments and the first to be retrenched.
Due to the overwhelmingly high level of unemployment that disabled people face, DPSA will support any progressive moves to ensure the creation of more quality jobs. However this does not mean that we would support the eradication of workers' fundamental human and labour rights. We are supportive of Basic Conditions of Employment and Labour Relations Acts and view them as major victories for the nation. But in the interests of the eradication of unemployment we are willing to support these amendment bills. However we would like to know what mechanisms are and will be in place from the sides of government and business to ensure that quality job creation does in fact take place in a meaningful way and rapidly. If we do not attend to this decisively, then the plight of the employed and unemployed may in fact worsen.
With specific regards to:
We express serious concern around the proposed reduction of notice periods for the dismissal of workers. We believe that workers are already working under very difficult circumstances and do not enjoy many of their rights in reality. This amendment may worsen this situation. However we will accept it if the Portfolio Committee and the Department are convinced that this will truly be in the interests of quality job creation.
We propose that in addition to the two members representing the organised labour and business delegations to NEDLAC, that provision be made for a representative(s) of the community constituency delegation to NEDLAC. It would also be preferable if this representative was specified to take into account the need to a disabled person. The rationale being that disabled workers are the most vulnerable at the workplace and their interests and conditions of employment are frequently neglected by all. Self-representation is the most effective way of ensuring that a particular constituency has its voice heard. In fact this could also be applied to gender representation as well.
On behalf of DPSA, thank you for your time and efforts.
Yours sincerely,
Matthew Parks
DPSA Parliamentary Liaison Officer
Cell: 082 731 8751