New law to protect hired workers

THE new Labour Bill tabled in the National Assembly two months ago had not even passed into law when Labour Minister Alpheus !Naruseb announced that another bill on labour issues was on the way.

This time legislation is being drawn up to protect people employed by labour-hire companies. “Our Ministry has on its agenda a project for an Employment Services Bill that will include a much more in-depth look at labour hire,” Minister !Naruseb told Parliament this week.”We share the opinion that companies should not be permitted to perpetuate the practices of Swanla [an apartheid-era labour-hire system].At the same time, there is a need to allow for provision of temporary labour services required in a flexible labour market,” he added.!Naruseb was giving his reply on Tuesday to the debate on the new Labour Bill, which was adjourned in mid-April when the Budget debate started.The Labour Minister further said that the “labour-hire headache”, as he called it, would be accommodated under Clause 128 of the new Labour Bill by strengthening it so that both the labour-hire company and the client company would be held responsible for proper treatment of workers.”Even if legislation is formulated to outlaw labour hire, it must distinguish between abhorrent and legitimate temporary labour market services.The bottom line is to protect employees from exploitation and abuse, no matter from which employer,” !Naruseb said.He said he would table an amendment to this effect, but did not say when.Another important amendment will be tabled June 19 to grant farmworkers a notice period of three months to vacate accommodation when their employer terminates employment.Should an employee declare a dispute concerning unfair dismissal, the employer may then not require the employee to vacate the premises until the dispute is resolved.”Our Ministry has on its agenda a project for an Employment Services Bill that will include a much more in-depth look at labour hire,” Minister !Naruseb told Parliament this week.”We share the opinion that companies should not be permitted to perpetuate the practices of Swanla [an apartheid-era labour-hire system].At the same time, there is a need to allow for provision of temporary labour services required in a flexible labour market,” he added.!Naruseb was giving his reply on Tuesday to the debate on the new Labour Bill, which was adjourned in mid-April when the Budget debate started.The Labour Minister further said that the “labour-hire headache”, as he called it, would be accommodated under Clause 128 of the new Labour Bill by strengthening it so that both the labour-hire company and the client company would be held responsible for proper treatment of workers.”Even if legislation is formulated to outlaw labour hire, it must distinguish between abhorrent and legitimate temporary labour market services.The bottom line is to protect employees from exploitation and abuse, no matter from which employer,” !Naruseb said.He said he would table an amendment to this effect, but did not say when.Another important amendment will be tabled June 19 to grant farmworkers a notice period of three months to vacate accommodation when their employer terminates employment.Should an employee declare a dispute concerning unfair dismissal, the employer may then not require the employee to vacate the premises until the dispute is resolved.