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This part of the newsletter has been enlarged to provide commentary and advice
about the evolving nature of labour law, particularly as it relates to
Employment Equity and Skill Development. ----------------------------- Codes of Good Practice ----------------------------- The status of Codes of Good Practice in law has been the subject of recent discussion, especially following the publication of the proposed amendments to the Labour Relations Act (LRA) during 2000. The accompanying memorandum to the proposed amendments provided that: - # 49. Codes of Good Practice - Amendments to Section 20349.1. Presently, a Code of Good Practice issued under the Labour Relations Act can only be taken into account when interpreting or applying that Act. This creates anomalous situations where a Code of Good Practice is applicable to more than one Act. An example of this is the Code of Good Practice on Sexual Harassment, which is relevant to both the LRA and the Employment Equity Act. 49.2 It is proposed to amend Section 203 to allow a Code of Good Practice to be taken into account in interpreting or applying employment law. The explanatory memorandum to the proposed changes to the Basic Conditions of Employment Act (BCEA) provides that: # 17. Minister's power to make Codes of Good Practice - Amendments to section 87 # 17.1 Presently, Codes of Good Practice issued in terms of labour legislation can only be taken into account for the purposes of that Act. Often, however Codes of Good Practice are relevant to several Acts. For instance, it is proposed to issue the Code of Good Practice on HIV/AIDS in the Workplace in terms of both the LRA and the Employment Equity Act. # 17.2 It is proposed to introduce a new section 87(5) which will permit theMinister to stipulate in a Code of Good Practice, issued in terms of the BCEA, that the code should be taken into account when interpreting or applying other legislation administered by the Department of Labour. # 17.3 A similar amendment is included in the Labour Relations Amendment Bill, 2000. In these circumstances, once these amendments to the Labour Relations Act and Basic Conditions of Employment have been promulgated, Codes of Good Practice would acquire a more (authoritative) legal status and be influential in interpreting statutory terms and employer-employee rights and duties. In other words, they may tend to become more like regulations, rather than discretionary guides to what is "good" and "bad" practice in the workplace. ----------------------------------- Code of Good Practice on key aspects of HIV/AIDS and employment ----------------------------------- An example of this type of situation may be the publication of the draft Code of Good Practice on key aspects of HIV/AIDS and employment. The final version of the Code was published in December 2000. The Code is published in terms of section 54 (1)(a) of the Employment Equity Act, 1998 (Act No. 55 of 1998). In addition, Technical Assistance Guidelines will accompany the Code on Managing HIV/AIDS in the workplace. It is envisaged that these will be published during 2001. The guidelines will provide more detail on the implementation of potential policies and programmes to address these impacts, including strategies to accommodate the needs of small businesses and the informal sector. To-date these guidelines have not been published. The full version of the Code of Good Practice on Aids / HIV maybe downloaded from www.workinfo.com/free/Sub_for_legres/Data/cgpaids.htm. In most workplaces, employers have paid little if no attention to the numerous Codes of Good Practice, many of which, on closer inspection require or recommend that employers to undertake various workplace initiatives such as (to mention but a few): # Aids awareness and prevention training (Code of Good Practice on Aids) # Diversity awareness training (Code of Good Practice - Employment Equity) # Sexual Harassment awareness and prevention training (Code of Good Practice on Sexual Harassment) # Establishment of Employee Assistance Programmes (Code of Good Practice on Aids / Sexual Harassment) # Ergonomics Awareness initiatives (Code of Good Practice on Maternity) -------------------------- Recommendation -------------------------- Employers need to review the range of obligations and recommendations cited in these numerous Codes of Good Practice and evaluate what measures can and should be undertaken to ensure compliance with these Codes. All of these Codes may be downloaded FREE at www.workinfo.com/free/Sub_for_legres/cgp.htm. Readers are encouraged to review the range of training courses provided which address the training and workplace initiatives recommended or required in terms of the various Codes of Good Practice. |
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