The Vision for the

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17 Νοε 2013 (πριν από 3 χρόνια και 1 μήνα)

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HALTON CHEADLE

CCMA 15
TH

ANNIVERSARY


THINK TANK

10 NOVEMBER 2011

The Vision for the

Post
-
1994 Labour Market

PRESENTATION OUTLINE


The challenges at the time


Policy and legislative responses


Vision for the post
-
1994 labour market

CHALLENGES


The new government faced a terrible legacy of extreme inequality and
high unemployment


mass unemployment and poverty


discrimination and inequality


intense conflict at the workplace


low levels of productivity


shortage of managerial and technical skills required to drive an
economy


Sluggish employment growth


economy increasingly open to international competition





POLICY & LEGISLATIVE RESPONSES


Constitutional rights


RDP’s employment related objectives


Policies underlying the LRA


NEDLAC Act


Labour Market Commission (Presidential Commission to investigate
labour market policy (Report in June 1996)


EEA, BCEA, SDA



THE RDP’s VISION


Eradication of poverty through “more and better” jobs


Worker participation


The elimination of racial and gender
-
based discrimination in the labour
market


Productivity enhancement


A stable macroeconomic environment


LABOUR MARKET COMMISSION


Terms of reference


To develop labour market policies to meet the RDP


Voice regulation at all levels


Balance between labour market security and flexibility


National Productivity Accord


Productivity
-
enhancing work organisation


Institutionalised co
-
ordination


THE EMERGENCE OF A POST
-
1994 VISION


“Regulated flexibility”


A growth path with job creation and strong economic development


Increased private sector investment to underpin employment growth
including the
IDC’s development finance and support measures for
small, medium and micro
-
enterprises


Labour market policies co
-
ordinated with macroeconomic policies by
means of a national Accord for Employment and Growth involving all
of the social partners


Macroeconomic, industrial and trade policies that promote
employment and do not focus only on driving down inflation



THE POST
-
1994 VISION


Management of global competition
-


increasing efficiency in the
utilisation of domestic resources, both labour and capital, as the basis
for effective engagement in international markets


Reforms in the labour market to promote flexibility, where flexibility is
understood as a multi
-
faceted concept that is not merely a euphemism
for lower real wages or weak unions


Protection of individual rights and labour market security


The balance between flexibility and security achieved through the
mechanism of voice regulation
-

bargained arrangements between
strong, stable and well
-
informed employer and employee
representatives

THE POST
-
1994 VISION


Promotion of collective bargaining


Institutional framework


Nedlac


Sectoral bargaining through bargaining councils


Workplace forums


THE POST
-
1994 VISION


Employment equity


affirmative action without quotas but the
emphasis on the role of collective bargaining and participatory
workplace structures in developing employment equity plans



Skills development with r
ecognition of prior learning



Workplace
-
based training with transportable skills and qualifications



THE VISION FOR NEDLAC


Policy
-
making at the highest level


Consensus based


Tripartism


A forum for negotiating legislation prior to normal legislative processes


Demarcation of sectors



THE LRA’S VISION


Social justice and economic development


Freedom of association


Organisational rights to stabilise union organisation


Promotion of collective bargaining


both at workplace and sectoral
level


Establishment and consolidation of bargaining councils


Framework agreements at sectoral level


Productivity bargaining at plant level


Less adversarialism and meaningful consultation at all levels



THE LRA’S VISION


Speedy dispute resolution with the emphasis on meaningful consensus
-
seeking approaches


Recognition of the right to strike with relatively non
-
technical processes
to follow


Interest arbitration of essential services disputes


Relative labour peace


no strikes over dismissals and thorough
mediation before strike action


Codified, clear law on unfair dismissals with final and binding
arbitration; limited grounds for review


Limited concept of the unfair labour practice


Simple workplace disciplinary processes

QUESTIONS


Why have we not achieved more consensual, rather than less
adversarial engagements?


Has NEDLAC succeeded as an effective tripartite institution?


Is collective bargaining playing a constructive economic role


Is there sufficient progress on productivity and skills development?


Is it too easy to strike?


Is it too easy to refer disputes?





QUESTIONS


Why have unions not followed organisational and strategic approaches
to changes in the labour market?


What is the scope for job creation agreements, perhaps with lower
wages for new entrants?


What role can the CCMA play to achieve the original vision?