Latest news with #PortfolioCommitteeonEmploymentandLabour
The Citizen
09-07-2025
- Politics
- The Citizen
Public holiday pay: Are employees being cheated by the law?
There are proposed changes to the Basic Conditions of Employment Act. Lawmakers have scrutinised the Basic Conditions of Employment Act (BCEA), pointing out gaps in how it addresses compensation for public holiday work. Officials from the Parliamentary Legal Services recently briefed the Portfolio Committee on Employment and Labour on possible shortcomings or gaps in the current law. The BCEA is a labour law that governs employment matters, including leave, wages, working hours, overtime, and pay for work on public holidays. Law on public holiday pay questioned Parliamentary legal adviser Telana Halley-Starkey informed MPs that section 18(2)(b)(ii) of the BCEA contains 'semantic ambiguity'. This section states that if an employee works on a public holiday, they must be paid their normal daily wage plus extra pay for the hours they actually work that day – but only if this total is more than double their normal daily wage. 'So, the legal issue is the interpretation of that section is not clear. The confusion then lies in the pronoun 'it'. 'A question that may arise is which noun is 'it' referring to. What is the 'greater' that the section refers to?' Halley-Starkey asked. ALSO READ: More than R140 million in salaries paid to suspended government employees She explained that although section 18(2)(b)(ii) is faulty in syntax, there has been no interpretation issues raised by legal experts or any court. 'The common interpretation, therefore, is that the employer either pays the employee double the normal wage or the normal wage plus any amount that is earned on the day, whichever is greater of the two.' Halley-Starkey proposed removing the phrases 'at least double' and 'if it is greater' from the section, and instead including the wording 'the higher amount of the following' to improve clarity. MPs debate the need for legislative fix ANC MP Sello Maeco questioned whether the ambiguity warranted a legislative amendment and whether it was essential. 'Is the use of the pronoun 'it' in the clause legally pragmatic or open to misinterpretation in its practise?' Maeco asked. EFF MP Tebogo Mokwele expressed similar sentiments. 'Is it urgent to address the ambiguity or can it be included in a broader amendment bill to the Basic Conditions of Employment Act,' Mokwele said. READ MORE: Increase in earnings threshold will protect more employees However, DA MP Juliet Basson revealed that during an employment forum she attended two weeks ago, an employer argued that the law is unclear and allows them to choose how public holiday pay is calculated. 'The employer said it is my choice to decide on which scale I pay you because 'it' does not specify and I would be extremely happy if we can change this to specify better. 'I do believe that if you work on a public holiday, you are entitled to more income and you are entitled to the correct form of income because you are giving up free time with your family and loved ones,' Basson said. She added that the current wording of the section seems to favour the employer. Watch the meeting below: Monday and Sunday both public holidays? Another DA MP, Michael Bagraim, expressed surprise that previous litigation had not exposed the issue, describing this as 'weird'. He also questioned whether the proposed amendment made the section 'crystal clear'. Bagraim further emphasised the need to clarify how public holidays are treated when they fall on a Sunday. The DA MP pointed out the confusion around whether both the Sunday and the following Monday are regarded as public holidays, or just one of them. He noted that employees who normally work on Sundays are entitled to time-and-a-half pay. 'If the public holiday is indeed to be on a Monday, then you are going to get double, or are they both public holidays?' Bagraim asked. MK party MP Hazel Mbele supported Bagraim's concerns. 'If people are working on a Sunday, is it regarded as overtime or as a public holiday to get double pay?' Mbele asked, adding that a legal amendment would bring clarity. NOW READ: How does the minimum wage apply to workers not remunerated by the hour?
IOL News
27-05-2025
- Business
- IOL News
MPs raise concern over slow transformation in top management across sectors
Members of Parliament who sit on the Portfolio Committee on Employment and Labour have raised concern about the slow pace of transformation at management levels across all business sectors. Image: Armand Hough Independent Newspapers The Portfolio Committee on Employment and Labour has raised alarm over the slow pace of transformation in top management across all sectors, saying the latest Employment Equity (EE) report confirms that voluntary compliance with transformation laws has failed. The committee was recently briefed on the Department of Employment and Labour's 2024 progress report, which analysed 29 269 quality EE reports, covering a total workforce of 7.7 million employees. According to the committee, the report reveals stark disparities in transformation at the top. Nationally, whites continue to dominate top management positions, making up 61.1%. Africans follow at 18%, Indians at 11.9%, Coloureds at 6.2%, and foreign nationals at 2.8%. 'Voluntary compliance with employment equity provisions has not worked,' said committee chairperson Boyce Maneli. 'The report vindicates the committee's long-held view. However, we are comforted that section 15A of the Employment Equity Amendment Act 4 of 2022 seeks to enforce compliance in line with the Constitution and international conventions.' Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ The figures are particularly stark in the Western Cape, Eastern Cape, and Free State, where the proportion of whites in top management positions is 56%, 54%, and 54% respectively. Maneli also emphasised the need to review the employment of foreign nationals. 'With the highest number of unemployment, jobs at semi-skilled and unskilled levels must be given to South Africans, especially those who are registered on the unemployment database of the department,' he said. 'Where foreign nationals are employed in terms of scarce skills, a skills transfer plan must be demonstrated.' He said the committee would engage the Portfolio Committees on Home Affairs and Trade, Industry and Competition in a joint meeting to further address this issue. The reaffirmation of the need for enforcement comes amid growing opposition to the Employment Equity Amendment Act. Last month, the National Employers' Association of South Africa (NEASA) and Sakeliga filed a legal challenge against the Act and its regulations. They argued that the numerical sector targets amount to unconstitutional racial quotas and pose a threat to business autonomy.
The Citizen
15-05-2025
- Business
- The Citizen
Whites continue to dominate top management roles
Foreign nationals take up 2.8% of top leadership positions. The Portfolio Committee on Employment and Labour has expressed serious concerns about the sluggish pace of progress in implementing employment equity across various sectors. During a briefing on Wednesday, the Department of Employment and Labour's progress report, committee members noted that despite legislative efforts, transformation at the top management level remains notably slow. Slow progress in top management Based on 29 269 quality employment equity submissions covering a workforce of 7 699 665 employees during the 2024 reporting period, the report highlighted stark disparities in workforce composition at senior levels. Whites continue to dominate top management positions, making up 61.1% of leadership roles nationally, while Africans represent just 18%, Indians 11.9%, and Coloureds 6.2%. Foreign nationals account for 2.8% of top management positions. The figures suggest a lack of significant movement towards equitable representation at senior levels, with several provinces showing stagnation. In the Western Cape, Eastern Cape, and Free State, the proportion of White individuals in top management remains particularly high, at 56%, 54%, and 54%, respectively. ALSO READ: 'Can you imagine our system being hacked': MPs sceptical of IEC's e-voting proposal Committee chairperson expresses disappointment Chairperson of the Portfolio Committee on Employment and Labour, Boyce Maneli, criticised the failure of voluntary compliance to achieve meaningful transformation. 'The report vindicates our long-held view that voluntary compliance with employment equity provisions has not worked,' Maneli said. However, he noted that the Employment Equity Amendment Act of 2022, specifically Section 15A, offers hope for more stringent enforcement. The Act is designed to ensure that employment equity aligns with the Constitution and international labour standards, aiming for a fairer, more inclusive workforce. ALSO READ: Big changes coming for ID, passport applications and birth registrations – Home Affairs Foreign nationals Maneli also emphasised the need to address the employment of foreign nationals within South Africa's legal framework. While acknowledging that certain sectors may require foreign skills, he stressed that the country's unemployment crisis must take priority when filling semi-skilled and unskilled positions. 'With the highest number of unemployment, jobs at semi-skilled and unskilled levels must be given to South Africans, especially those who are registered on the unemployment database of the department,' said Maneli. He also pointed out that employers hiring foreign nationals for scarce skills must demonstrate a skills transfer plan to ensure local workers benefit from these positions. The committee will further explore the issue of foreign national employment in a joint meeting with the Portfolio Committee on Home Affairs and the Portfolio Committee on Trade, Industry, and Competition. NOW READ: FF Plus defends Afrikaner-only enclaves Orania and Kleinfontein, accuses EFF of being the real threat
