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The Congress of South African Trade Unions welcomes and supports the statement to the National Assembly by Labour Minister Membathisi Mdladlana calling for labour law offences to be criminalised and penalties and spot fines introduced for non-compliant employers.

This is in line with the COSATU 10th National Congress Special Resolution on the SACTWU strike, which resolved "to campaign for a revision of employment law to criminalise non-compliance with collective agreements, including those by businesses which source from non-compliant companies".

COSATU fully agrees with the minister that one of the critical weaknesses in his department is the lack of enforcement of labour laws. There is also a lack of capacity within the Department. We share his view that the labour inspectorate must be given teeth and that the onus of proof to counter a charge of noncompliance should rest on employers.

Currently there are no fines for contraventions of labour laws dealing with occupational health and safety, employment equity and the employment of illegal workers. The only remedy is litigation in overloaded courts, and employers are given 60-day periods of grace to become compliant.

The minister contrasted this situation with the old industrial relations act of 1956, which provided for penalties of as much as R2000.

COSATU agrees with him that "One of the critical pillars of our policy interventions is enforcement of labour laws. It does not matter how good the legislation is if (it is) not complied with. We have started acting in the most fitting manner to address compliance".

COSATU looks forward to seeing the employment services bill which the minister promised would be finalised by the end of September. It will deal with contracting, subcontracting and outsourcing, job-placement services, job-search training, career guidance and skills development.

The minister pledged that labour laws would be also amended to deal with temporary employment services (labour brokers) by ensuring that employers were liable. COSATU will however need to study the proposed legislation in great detail to check that it leaves no loopholes for labour brokers and their client companies to continue their super-exploitation of workers by dodging the labour laws.

Meanwhile COSATU continues to demand the banning of labour brokers, who are the main drivers of the process of casualisation of labour and the lowering of workers' wages, benefits and job security.