• Public Service Co-ordinating Bargaining Council

    Public Service Co-ordinating Bargaining Council

    A Bargaining Council positioned to advance and influence change in the labour market environment

  • Public Service Co-ordinating Bargaining Council

    Public Service Co-ordinating Bargaining Council

    Promoting sound labour relations through collective bargaining and dispute management both locally and internationally

  • Public Service Co-ordinating Bargaining Council

    Public Service Co-ordinating Bargaining Council

    Our Values
    Integrity; Efficiency; Accountability; Good Governance and Equity

  • Public Service Co-ordinating Bargaining Council

    Public Service Co-ordinating Bargaining Council

    Promoting sound labour relations through collective bargaining and dispute management both locally and internationally

  • Public Service Co-ordinating Bargaining Council

    Public Service Co-ordinating Bargaining Council

    A Bargaining Council positioned to advance and influence change in the labour market environment

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Welcome to the PSCBC

Welcome to the website for the Public Service Co-ordinating Bargaining Council (PSCBC) which aims to provide comprehensive information regarding the PSCBC as a co-ordinating bargaining council and its functions.

We trust that you will find this website both informative and of value  

Our Vision

A Bargaining Council positioned to advance and influence change in the labour market environment

Our Mission

Promoting sound labour relations through collective bargaining and dispute management both locally and internationally

Our Values

Integrity
Efficiency
Accountability
Good Governance
Equity

Facebook Posts

LABOUR NEWS:

GIGABA TO PURSUE BUSINESSES THAT HIRE UNDOCUMENTED MIGRANTS
– BUSINESS DAY

Home Affairs Minister Malusi Gigaba told reporters in Parliament on Thursday that he would pursue businesses that hired undocumented migrants, as he was of the view they worsened xenophobic sentiment and exploited foreigners.
Gigaba was speaking to reporters following violence between South African residents of Pretoria West and migrants, as well as violence against foreign nationals in communities around Gauteng, including Mamelodi and Rosettenville.
A residents group in Mamelodi is preparing to march on Friday against what it says is criminal activity perpetrated by foreigners in the area.
Johannesburg mayor Herman Mashaba has said he will rid the city of illegal migrants if the national government will not. However, SA has been strongly rebuked for the violence meted out to people from other African countries.
Gigaba told reporters that 63 undocumented migrant employees of Spar supermarkets had been arrested. Managers of the Spar stores in Montana, Doornpoort and Zambezi would be charged soon, he said.
"We have a commitment from the hospitality sector on the need to comply with SA’s labour and immigration laws, especially the requirement to employ a minimum of 60% locally," said Gigaba. "This is the message we are taking to the rest of the business community and will feature strongly in our upcoming meetings."
He said that the matter between community members protesting against drugs, prostitution and "house hijacking", as well as the safety of migrants in these communities, had to be handled delicately: "This is a complex and delicate matter. We must respond in a humane and lawful manner, taking into consideration the concerns of our communities. While a more measured approach might not make me the most popular politician, I believe this is the right thing to do."
The government would act decisively against all criminals in the matter, he said, be they foreigners participating in illegal activities or community members stoking public violence.
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LABOUR NEWS:

STATE WORKERS COULD FACE VOLUNTARY SEVERANCE PACKAGES – FIN24

Pretoria – Headcount in South Africa’s public service has stabilised but government is considering introducing voluntary severance packages to help keep a lid on its wage bill.
This is outlined in Treasury’s 2017 Budget Review, which was published on Wednesday as part of Finance Minister Pravin Gordhan’s Budget Speech.
Government’s headcount in the public service has levelled out, relieving some of the upward pressure on the wage bill, Treasury said in the review.

“Headcount in the public service has stabilised at about 1.32m staff,” said Treasury.

“Although some national departments are struggling to maintain their personnel budget limits, preliminary indications are that most are on track to stay within compensation ceilings.

“Provinces continue to make progress in containing staff headcount, which has declined by 2.8% since the beginning of 2016/17. The proportion of provincial budgets spent on personnel has declined from 60.4 % in 2015/16 to 59.8% in 2016/17,” Treasury added.

Keeping control over headcount fits into Treasury’s plan to ensure government adheres to the spending ceiling, which was established in 2012.

Treasury also explained that between 2008/09 and 2015/16, national and provincial government salaries rose about 1.8 % faster than inflation.

“In total, salaries have nearly doubled, compared with an increase in the consumer price index of about 70%. Public-service wage settlements generally provide for increases equal to inflation, plus a premium that is not linked to performance.

Treasury added that government has “withdrawn nearly all identified funding for vacant posts and blocked appointments to non-critical vacant posts on the payroll system, pending the submission of revised human resource plans by departments”.

During 2016, national departments were also required to develop and submit human resource budget plans to the Medium-term Expenditure Committee (MTEC), said Treasury.

Further to these measures, government job cuts could also be on the cards in the form of voluntary severance packages.

“The National Treasury and the Department of Public Service and Administration are working with departments to reduce headcount, including testing the idea of voluntary severance packages,” said Treasury.

Managing the public sector wage bill also forms part of government’s efforts to ensure that its fiscal policy is focused on containing the budget deficit and slowing the pace of debt accumulation, said Treasury.
Treasury said that despite forecast revenue under-performance, the main budget primary deficit – which is a key measure of fiscal sustainability – will halve from 1% of GDP in 2015/16 to 0.5% of GDP by the end of 2016/17.
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LABOUR NEWS:

TOP COURT THROWS OUT AMCU APPEAL – BUSINESS DAY

Gold producers have welcomed a Constitutional Court judgment that dismissed a challenge by the Association of Mineworkers and Construction Union (Amcu) to a collective agreement between the Chamber of Mines and majority trade unions concluded in 2013.
The judgment reaffirmed the principle of "majoritarianism" in the labour space that saw the agreement reached between employers and the majority trade unions in the sector extended to all parties, including minority unions.
In a statement on Tuesday, the Chamber of Mines — representing AngloGold Ashanti, Harmony and Sibanye Gold — said the judgment "brings final certainty about the binding nature" of the agreement it reached with unions during centralised bargaining in 2013.
Amcu, which was a majority union in certain individual mines, took the chamber to court over whether a collective agreement with unions, which held the overall majority, could be extended to bind its own members from going on strike.
The Constitutional Court ruled on Tuesday that the agreement had been validly extended to Amcu members and the statutory provisions that enabled its extension were constitutionally compliant.
The union’s appeal was dismissed with costs. Amcu president Joseph Mathunjwa said the union leadership was studying the judgment and would comment later.
The collective agreement was extended to Amcu in terms of section 23 of the Labour Relations Act, which states that a collective agreement binds even employees who are not members of the unions that are party to the agreement.
Amcu was unhappy with the agreement and wanted to go on strike, but the chamber successfully applied to the Labour Court to interdict the strike action.
Amcu unsuccessfully appealed against the decision to the Labour Appeals Court. The union then approached the Constitutional Court on the matter.
It was granted leave to approach the court, but its appeal was dismissed in a unanimous judgment on Tuesday.
The court rejected Amcu’s assertion that the earlier court rulings had impinged on its constitutional right to strike and that the principle of majoritarianism limited its rights. It held that the infringement of the right to strike in this case was "reasonable and justifiable based on the principle of majoritarianism".
Majoritarianism, the judgment read, was internationally held to be beneficial to orderly collective bargaining.
"The Labour Relations Act, though premised on majoritarianism, does not make it an implement of oppression," the judgment, which was penned by Judge Edwin Cameron, read.
"It does not entirely suppress minority unions. Its provisions give ample scope for minority unions to organise within the workforce — and to canvass support to challenge the hegemony of established unions.
"It is precisely because the [act] affords Amcu these rights that Amcu, as an insurgent force in the established union field, was able to increase its membership, its strength and its influence as powerfully as it has."
Amcu also took aim at the act in its challenge, saying it allowed private actors — referring to the gold producers — to exercise public power "arbitrarily". However, the court rejected this argument.
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LABOUR NEWS:

LIVING WAGES VERSUS POVERTY WAGES-NEWS 24

WHEN the Congress of South African Trade Unions (Cosatu) delayed signing the R20 an hour minimum wage agreement, Business Day wrote that “there was something ironic about this week’s signing by all the social partners - except Cosatu... It was, after all, Cosatu which had long pushed for a national minimum wage, mooting it for the first time ahead of its 2012 national conference.”
For many workers however what was more then just “ironic” is how on earth Cosatu - plus the National Council of Trade Unions and the Federation of Unions of South Africa - could ever have agreed to sign an agreement which would have legitimised paying poverty wages to millions of workers.
That was not the living wage that Cosatu delegates voted for in 2012, and certainly not what workers today are demanding.
South Africa’s biggest union the National Union of Metalworkers (Numsa)has registered “its disgust at the proposed amount of R3 500 per month, [which] reinforces South Africa as a haven for cheap labour, just as it was under Apartheid… This was done without any consultation, let alone any mandate from the South African working class. If this agreement were to be implemented, it would be the final nail in the coffin for the workers’ struggle in South Africa.”
R3 500 a month is nowhere close to a living wage. Economists have calculated that South Africa’s “working-poor line" is R4 125 a month, and that 54% of full-time employees - 5.5 million workers - earn below that. So the Nedlac agreement condemns millions of workers to live below in poverty.
"The Steering Committee for a new union federation too has condemned the ANC… R3 500 will mean that about 60% of workers live below the minimum living level and therefore in poverty.”
And, even worse, it is being suggested that the final legislation could include “exemptions” which would allow employers to pay even lower wages to certain workers. The National Minimum Wage Commission has been tasked to decide whether expanded public works programme (EPWP) participants should be excluded from the minimum wage.
Public Works Deputy Minister Jeremy Cronin says the government position was that EPWP should be excluded. “Presently they are paid R83 a day. If we increase that to R20 an hour, 310 000 will be out of work opportunities in a year”. Thus the 1st deputy general secretary of the South African Communist Party condemns a third of a million young super-exploited South Africans to dire poverty, doing jobs which should be done by paid employees.
Anne Bernstein, head of the Centre for Development and Enterprise, even complains, in Business Day, that these proposed minimum wages are too high, using a spurious capitalist argument that “The balance of risk is that a high national minimum wage would increase rather than diminish our exceptionally high levels of poverty and inequality through job destruction in the short term and reduced labour absorption over the long term; possible reductions in GDP growth leading to lower per capita GDP, less redistribution through the fiscus, and higher inflation.”
She was partly answered by Imraan Valodia, chairperson of the National Minimum Wage Advisory Panel, for basing her argument on a false view that market forces dictate that the price of labour, and that like any other commodity, it is ruled by laws of supply and demand, and that if the price (wages) is too high firms will not employ workers.
Valodia correctly dismisses her idea that “labour markets operate just like a market for tomatoes - let the free market work and, just like tomatoes, labour supply will equal labour demand and unemployment problems will be solved”.
As he says: “Unlike a seller in a tomato market who is easily able to go to another buyer if the price offered is too low, a relatively skilled unemployed worker has very little option (except perhaps to starve) but to take employment that is offered, however low the wage.”
But what both Bernstein and Valodia, and indeed everyone else in this debate, are missing is that the fundamental difference between a worker and a tomato is that it is the workers’ labour that creates wealth and generates their employers’ profits. A tomato only acquires value because workers plough the field, plant the seeds, harvest the fruit, transport it to the markets and sell it in a shop.
At every stage in the process value is added by the worker who sells his or her labour, but receives only a faction of that value in wages; the surplus value goes to the employer as profit. So the demand for a living minimum wage, like the R12 500 demanded by union Amcu and now Numsa, is not a plea for charity but for workers to get back a bigger share of the wealth their labour creates.
And, far from reducing gross domestic product, higher wages lead to higher demand for goods and services, which then leads to more jobs to meet that demand.
What is particularly outrageous about calls for workers to accept poverty wages is that in South Africa workers get back an even smaller share of the wealth they create than in other parts of the world. CEOs earn more than 500 times the per capita GDP. In the US, the figure is 300; in most of Europe, less than 200.
If further proof were needed of why we need the new workers’ federation, which is to be launched in March, it is this battle for a basic living, minimum wage.
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LABOUR NEWS:

HIRE 60% SOUTH AFRICANS – IOL NEWS

Cape Town - All businesses - not just those in the hospitality or construction sectors - were required to have a workforce of at least 60 percent South African citizens in their employ, Home Affairs Minister Malusi Gigaba has clarified.

Gigaba said his department was preparing for a “mass inspection” of businesses countrywide to ensure they complied.

“This has nothing to do with xenophobia, in fact xenophobic violence is what we want to prevent,” Gigaba said in an interview with the Cape Argus. “We must prioritise the employment of South Africans, and businesses across the board have to comply.”

Gigaba added: “The risk of not employing South Africans is that it endangers the lives of foreigners and the property of companies. If you look at the [xenophobic] violence that erupted in 2015, it started precisely because of a company at Isiphingo in Durban that employed non-South Africans, and South Africans attacked the company.”

He said the regulation was not new, but had been tightened to flush out companies that were flouting the law.

“What happened was that we changed a regulation, which in the past said that only a minimum of five South Africans needed to be employed by a company for it to obtain work visas.

Read also: Treasury clips wings of Gigaba's staff

“What companies have done was to hide behind all sorts of very insulting allegations such as South Africans are lazy, they are criminal, there are jobs that South Africans don’t want to take,” Gigaba said.

The minister also bemoaned what he called the “super exploitation” of foreign nationals.

“One of the reasons why some companies prefer foreign labour, particularly labour from our neighbouring countries, is because they get to reduce the wages, paying foreigners below the living wage that a South African would demand.”

Gigaba termed this as “another form of slave labour”.

“And that is something we will never accept. We will never accept that foreign workers are employed under slave conditions, but at the same time we can’t accept that South Africans, in South Africa, must be unemployed so that foreign nationals are employed at the expense of South Africans.

“There is no country in the world whose immigration laws are meant for anybody else but for their own nationals. We would be the first country where we don’t put the national interest of our country and the interests of South Africans on top of immigration laws and policies.”

Gigaba added: “If you go to the United States of America or the European Union, their top priority is to employ the locals, that’s why those countries have almost zero percent unemployment.”

Gigaba said Home Affairs had already identified the first batch of companies to which which inspectors would be sent this week.

“We are going to be undertaking a massive inspection of a whole lot of companies, some of which we have been given information about,” the minister warned.

Non-compliant companies would be fined heavily and have their licences reviewed, while managers and owners could be jailed for up to two years if the department decided to take legal action against them, Gigaba said. - siyabonga.sesant@inl.co.za
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