COSATU intended protest action 3 November 2023

Introduction

Management may be aware, from recent media reports, that the Congress of South African Trade Unions (COSATU), intends calling workers to support a socio-economic protest action on Friday, 3 November 2023.

Protest Action and the Labour Relations Act

The Labour Relations Act (LRA) permits registered trade unions or federations such as COSATU, to undertake protected protest action to promote the social and economic interests of workers provided that they observe the procedural requirements contained in Section 77 (1) (b) of the LRA 66 of 1995, as amended.

This application was duly considered by NEDLAC and the NEDLAC Section 77 Standing Committee has determined the notice to be NOT compliant with the administrative requirements of the LRA.

Consequently, any employees participating in any action on 3 November 2023 will NOT be protected by the normal rules regarding protected strike-action.

Management Guidelines on Possible Absenteeism on Friday, 3 November 2023:

SEIFSA recommends that management adopt the following course of action in dealing with any stay-away from work on the 3rd November:

  • Inform all workers that any absences related to the protest action will be treated on the following basis:
  • no work, no pay;
  • That management reserves the right to take disciplinary action for participation in the protest action including any misconduct during the protest;
  • a shift for leave-pay and leave-enhancement pay qualification purposes will be lost in respect of the day’s absence; and
  • any overtime worked during the course of the week will be paid at ordinary rates to make up for the lost ordinary working hours from Friday, 3rd November 2023.

Notice to NEDLAC on the intention to proceed with protest action.pdf
Letter of notice

 

The Staff of the SEIFSA Industrial Relations Division are available on (011) 298-9400 to provide any further advice and/ or assistance to management on the contents of this management brief.

Lucio Trentini
Chief Executive Officer


SEIFSA welcomes the policy pronouncements in the Medium-term Budget Policy Statement

Johannesburg, 1 November 2023 - The 2023 Medium Term Budget Policy Statement (MTPBS) recognises, reflects and has been structured to respond to key headwinds facing the global and South African economy.

The policy positions contained in this mini-budget are welcome for the fact that they communicate important reform signals. The only way to place the economy on a solid and sustainable trajectory is through economic growth and to achieve that, reform is critical. Particularly reform in the delivery of large-scale infrastructure projects.

For the steel sector, one of the most important policy considerations communicated is the opportunity for the private-public-partnerships (PPPs) in the financing and execution of large infrastructure projects. This will ensure that projects are executed with efficiency and speed.

The MTPBS posits the creation of new mechanisms to facilitate co-investing with the private sector and multilateral institutions on selected infrastructure projects and employing alternative financing instruments for priority projects.

These infrastructure projects are a crucial demand source for the metals and engineering sector, which has been languishing in a low demand environment for the last 15 years, therefore their speedy and successful execution is of significant importance to the sustainability of the sector.

We eagerly await the details that will underpin this PPP framework. However, even prior to this announcement in the MTPBS today, SEIFSA have already begun engaging relevant departments, including National Treasury to fast track this objective.