Erasmus Shalihaxwe
As of 1 September 2023, only five out of 47 registered trade unions, along with two out of 17 registered Employers’ Organizations are in compliance with their registration obligations.
While the rest are violating the Labour Act 11 of 2007 by not submitting their annual returns.
Acting Labour Commissioner Kyllikki Sihlahla, issued a stem warning to last week those none compliance unions and gave them until 30 September to submit their annual returns or face the music.
She said there are currently 47 trade unions and 17 employers’ organisations including three trade union federations and three employers’ federations registered with the Office of Labour Commissioner.
However, over a considerable period of time, the Labour Commissioner has observed that a significant number of trade unions and employers’ organisations have failed to submit their annual returns as mandated by the Labour Act, (11 of 2007). Alarmingly, some of them have not submitted a single annual return since their registrations.
While Section 57 of the Labour Act, confers upon the Labour Commissioner the responsibility of registering trade unions and employers’ organisations. Section 60 of the Labour Act outlines obligations imposed on these entities, while section 61 outlines the procedures to be followed when the Labour Commissioner has reasons to believe that such entities are not complying with their statutory obligations.
“As of 1 September 2023, only five out of the 47 registered trade unions, along with two out of the 17 registered employers’ organisations are in compliance with their registration obligations. This indicates that the majority of the entities are unequivocally in violation of their statutory obligations.
A number of these registered trade unions and employers’ organisations have been in default for an extensive period of time, and it is disconcerting to note their persistent non-compliance with their registration obligations despite their awareness of these responsibilities and repeated reminders from the Labour Commissioner to submit their annual returns,” she said.
Sihlahla noted the Labour Commissioner’s primary objective in taking action is to enforce compliance with the statutory provisions of the Labour Act on or before 30 November 2023. Failure to do so will result in the Labour Commissioner taking appropriate action against the defaulting trade unions and employers’ organisations in accordance with the provisions of the Labour Act.
