Bill to establish National Social Dialogue Structure
Goitsemodimo Kaelo | Wednesday July 9, 2025 12:37
The Bill, which repeals and re-enacts the Employment Act as part of its bid to harmonise labour laws, was published by the Minister of Labour and Home Affairs, Pius Mokgware, on June 1, 2025, in the Government Gazette. The National Social Dialogue Structure will comprise an independent dispute resolution structure and the Labour Relations Council. A National Social Dialogue Structure is a formal or informal mechanism where representatives of governments, employers, and workers engage in discussions, negotiations, and information exchange to address issues of common interest related to economic, employment, and social policies. It aims to foster cooperation and consensus-building amongst these key stakeholders, often through tripartite (government, employers, workers) or bipartite (employers and workers) mechanisms.
The bill will also provide for a sound labour relations framework and orderly collective bargaining and ensure that the registration of trade unions and employers’ organisations in the bill and practice is in conformity with the Convention No.87 on Freedom of Association and the Protection of the Right to Organise. The bill also provides for child labour by, amongst other things, prohibiting persons from employing children who are under the age of 15, and with restrictions, allowing persons to employ children who are 15 years and above. Part II of the Bill also prohibits persons from requiring or permitting to performance of hazardous work, employment underground, and to work at night. On the other hand, part of the Bill will provide a regulation for how wages are to be paid to a worker.
According to the draft of the Bill, an employer is mandated to pay wages in legal tender, and such an employer is prohibited under Clause 200 of the Bill from dictating to the worker how such worker should spend his or her wages. Furthermore, the Bill prohibits an employer from deducting money from workers' wages without the consent of workers. Moreover, the Bill provides for hours of work, rest periods and public holidays, statutory leave, which includes annual leave with pay, paid sick leave, and family responsibility leave and maternity leave. It also makes provision for rights to strike or lockout, at the same time prohibiting any person from engaging in certain strikes or lockouts. Additionally, part of the Bill also provides for matters relating to membership of, and representation by, trade unions and the rights of such trade unions.