Proposed labour law changes will affect teachers negatively
AN array of amendments to existing legislation on labour relations has recently been proposed by government — which, should they be passed, will have a significant impact on the working conditions and rights of teachers.
The amendments range from those governing labour relations generally, to others which affect educators only.
The Department of Labour has proposed amendments to the Basic Conditions of Employment Act (BCEA) and the Labour Relations Act (LRA) which have been met with outrage by the Congress of South African Trade Unions (Cosatu), of which the South African Democratic Teachers Union (Sadtu) is a powerful affiliate. The amendments are a result of a labour market review process, which Cosatu describes as having ”gone horribly wrong”, and which ”threatens to plunge our country into a period of protracted conflict”.
Proposals include eliminating premium pay for Sunday work, increasing the overtime limit to 15 hours a week, and ”tinkering” with retrenchment arrangements which ”could have the unintended consequence of speeding up the retrenchment process”, says Sadtu.
Executive director of the National Professional Teachers Organisation of South Africa (Naptosa), Henry Henricks, shares Sadtu’s sentiments on some of the proposals, which are ”a bit radical”. Like Sadtu, Henricks says: ”We feel there needs to be a far longer consultation process so that the interests of the unions and their members are really taken into account”.
These criticisms also apply to the draft amendments to the Employment of Eduucators Act, which is legislation that specifically affects educators. A core proposal is that school authorities be granted more powers to rid the system ”automatically” of teachers found guilty of various offences. The offences detailed include, among other things, being found guilty of theft, bribery or fraud, and having sexual relations with students.
A concern pointed out by the Suid Afrikaanse Onderwysers’ Unie and others is that the descriptions of misdemeanours are so loosely framed, teachers could be disciplined for offences not related to the job of teaching — like failing to make a bond repayment.
The proposed amendments are expected to go to the National Assembly for debate later this month.
Meanwhile, public salary negotiations remained deadlocked at the time of going to press. The 6% across the board offered by government was rejected, while the unions are holding out for an increase of 8%. Unions have also been very critical of the threat to benefits such as medical aid, pension, housing and leave that comes as a result of changes to the wage policy.
Sadtu general secretary Thulas Nxesi captures much of the union antipathy towards government moves in this statement: ”The government is no longer a model employer, but is quickly becoming a model exploiter”.
— The Teacher/Mail & Guardian, September 13, 2000.
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