Issued by Ministry of Labour
10 April 2000
The Minister of Labour has lashed out at the Democratic Party for perpetuating false information about the country's labour legislation. He said the DP had failed to do even elementary homework on the provisions of the Basic Conditions of Employment Act (BCEA).
In its attempts at cheap political point scoring, the DP continued to perpetuate false myths about labour legislation which could only serve to harm South Africa's image and discourage investment and job creation which the country so sorely needed.
The DP's Rudi Heine claimed in the debate on labour budget vote in the national assembly that South African Airways (SAA) had applied for an exemption from the provisions of the BCEA. He said this was proof that South Africa's labour laws were inflexible.
However, Heine's claims had proven to be false. The SAA had not applied for exemption from the Act.
Section 50 of the BCEA provides for flexibility to take into account the circumstances and requirements of particular enterprises, including through the issuing of Ministerial determinations which vary certain conditions of employment.
An interim determination in terms of Section 50 (8)(c) of the Act was issued to SAA on 23 March 2000 with the support of SAA management and unions. The determination, which applies to ground staff and cabin crew, varies conditions of employment relating to among others, average hours of work, overtime pay, daily rest periods and leave.
The determination issued in terms of the BCEA was evidence that the Act provided sufficient flexibility to accommodate SAA's requirements without compromising the safety of employees or passengers.
Department of Labour officials had facilitated discussions between management and unions to reach an amicable agreement on the issue. The Department had in fact received a letter from SAA's human resource division thanking the Department for its assistance and commitment to the establishment of a stable industrial relations climate and its willingness to assist the parties to negotiate a long-term variation.
For more information contact Annette Griessel at:
Tel: 012 309 4788
Cell: 082 887 3581