LABOUR AMENDMENT BILLS AT PARLIAMENT
09 MAY 2018
LABOUR AMENDMENT BILLS AT PARLIAMENT
On Tuesday 27 March 2017 CGCSA presented to the Labour Portfolio Committee on the Labour Amendment Bills. The National Minimum Wage Bill together with The Labour Relations Amendment Bill and the Basic Conditions of Employment Amendments Bill were referred by Cabinet to Parliament in November 2017.
Our submission was focused primarily on the Basic Conditions of Employment Amendment Bill. The strong push was to maintain the Sectorial determinations in particular sectorial determination 9 which affects the retail sector.
The presentation was well received and the Portfolio Committee will consider input of all presentations and present recommendations to the National Assembly and NCOP respectively before the bill can be signed off by the president.
The National Minimum Wage Bill current proposal being that wages be set at R20 per hour and be reviewed annually. It is important to note that the NMW is a floor below which no worker can be paid; and this incudes workers that are covered by sectoral determinations as well as collective bargaining agreements. However, the minimum wages for domestic and farm workers will initially be set at R15 and R18 an hour respectively. This will be adjusted to reach the NMW within two years of implementation. The National Minimum Wage Commission will be established to review the NMW annually taking into consideration the inflation and other labour market and sociol economic conditions.
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AMENDED TERMS OF REFERENCE FOR THE GROCERY RETAIL SECTOR MARKET INQUIRY
ECONOMIC DEVELOPMENT DEPARTMENT
No. 41512 GOVERNMENT GAZETTE, 23 MARCH 2018
The Competition Commission (“the Commission”) initiated a market inquiry into the grocery retail sector in South Africa in terms of Chapter 4A of the Competition Act, No. 89 of 1998 (as amended) (“the Act”) because it has reason to believe that there are features of the sector that prevent, distort or restrict competition.
The Commission gave notice in the Government Gazette1 on 30 October 2015 announcing the establishment of the Grocery Retail Sector Market Inquiry (“the Inquiry”) in terms of Section 438(2) of the Act. In terms of the Notice, the Inquiry was expected to be completed by 29 May 2017. On 26 May 2017 the Commission gave notice in the Government Gazette2 that the amended timeline for completion of the Inquiry is 31 March 2018.
1. AMENDMENT OF THE TERMS OF REFERENCE
In terms of section 438(5) of the Act, the Commission may, by way of an amendment to the Terms of Reference, amend the scope of the Inquiry, or the time within which the Inquiry is expected to be completed, by further notice in the Gazette.
Having regard to the comments, submissions and information gathered by the Inquiry to date, the scope of the Inquiry remains unchanged. However, the Commission has decided to amend the completion date to allow for further consultations with key stakeholders and to finalise a report of its investigation. In terms of the amendment, the Inquiry will be completed by 28 September 2018.
Further details regarding key activities during the final phase of the Inquiry will be communicated on the Commission’s website.
UK government tightens model limiting food marketing to children
We have been informed by IFBA that the UK government has recently published a consultation on a proposal to strengthen the nutrient profiling model that is used to determine which food and drink products can be advertised to those under 16 years in the UK. The aim is to bring this in line with the UK’s dietary recommendations. For more information, please see email below.
SA government in the process of drafting regulations to restrict food marketing to children
As you are aware, the South African Department of Health has taken the decision to remove reference to marketing to children restrictions in the draft labelling and advertising regulations, which are due to be published soon (R.429). A separate set of regulations will be drafted for this purpose.
International developments in this area may be of interest to SA government
Whilst it is not clear what the South African regulations will look like at this stage, it is likely that work being done by other governments will be considered and may help inform local regulations.
Companies are urged to uphold responsible marketing commitments in the absence of regulations
In the absence of local regulations, the CGCSA urges its members to uphold local responsible marketing to children commitments. Please click here to view the relevant ASA Code Appendix which outlines these commitments