Long strikes could be held in check with plan for interest arbitration – by Natasha Marrian THE Department of Labour is examining the introduction of interest arbitration in a bid to end protracted strikes. The five-month strike in the platinum sector this year caused the economy to contract, nearly tipping the country into recession. The government has expressed frustration about its limited capacity to intervene in that strike. Labour Minister Mildred Oliphant said the Labour Relations Act allowed for mediation and arbitration but it was not binding — employers and unions had to agree to it. The department was looking into the possibility of introducing interest arbitration — where arbitrators make a binding ruling on parties if the settlement of the strike is in the broader public interest. Interest arbitration is used in countries including Canada. We don’t think we can afford to have such long strikes, we need to have a way for the Commission for Conciliation, Mediation and Arbitration to intervene, Ms Oliphant said. Acting deputy director-general of labour Thembinkosi Mkalipi said the process was in the early stages, but the department would study best practice from around the world. These and other proposals would likely form part of discussions when Deputy President Cyril Ramaphosa convenes dialogue under the auspices of the National Economic Development and Labour Council. In his state of the nation address last month, President Jacob Zuma said social partners had to meet and deliberate on the violent nature and duration of strikes, given the effect of the untenable labour relations environment on the economy. Mr Ramaphosa would convene a dialogue in which social partners should discuss wage inequality among other things. Mr Ramaphosa’s spokesman, Ronnie Mamoepa, said the Presidency’s budget vote was this week and more details about the planned dialogue among social partners might emerge. I am certain that the deputy president would consider addressing that matter . The government has also started its investigation into the possibility of introducing a national minimum wage. It is examining how China and Brazil use the minimum wage to reduce inequality. Mr Mkalipi said the Department of Labour ’s investigation would look at whether it was best to continue with sectoral determinations or whether it would be best to have a national minimum wage. Further, i t would probe the wage’s likely effect on the economy and jobs, and on collective bargaining. The African National Congress (ANC) undertook in its election manifesto to investigate the modalities of a national minimum wage. Congress of South African Trade Unions president Sdumo Dlamini said he hoped that the government’s investigation of the possibility of a national minimum wage was a slip of the tongue. We can’t investigate the possibilities, we have gone far beyond that. The ANC manifesto says investigating the modalities, which means how it should work. We are sticking with the election manifesto. Parliament has passed the Labour Relations Amendment Bill. It is just awaiting Mr Zuma’s signature to become law. Mr Mkalipi said the provisions on strike balloting were not included in the bill. It was another issue that social partners would discuss in Nedlac, under Mr Ramaphosa’s leadership. Further amendments to legislation would follow, should a need arise after the dialogue process, Mr Mkalipi said. Article published with the kind courtesy of bdlive.co.za
Posted on: Mon, 21 Jul 2014 06:09:26 +0000
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