A BILL proposing major amendments to labour laws for enhancing observation of workers’ rights and addressing workplace challenges was read for the first time in the National Assembly yesterday.
The Labour Laws (Amendments) Act, 2024 seeks to amend the Employment and Labour Relations Act, the Labour Institutions Act, and the Non-Citizens (Employment Regulation) Act to enhance clarity, broaden protections and modernize provisions to better serve both employers and employees, the government says in its statement of purposes.
A key provision in the bill envisages expansion of maternity leave for employees who give birth to premature children, as currently maternity leave is fixed to a set duration.
Under the proposed changes, the leave will be extended to ensure that mothers of premature babies receive sufficient time to sufficiently care for the children, where extended leave would allow employees to take the remaining time needed to complete the 36 weeks of pregnancy.
This is intended to ensure better health and care for mother and child during that critical period, while introducing updates to the Employment and Labour Relations Act, first enacted in 2004.
Notable amendments include the broadening of definitions used in the legislation to improve clarity, particularly in relation to senior management employees and those on fixed-term contracts.
The changes are expected to offer greater flexibility in employment arrangements, including provisions for temporary work, seasonal employment and opportunities for new graduates to build their skills or gain work experience.
A new section is being introduced allowing employers and employees to agree on procedures for operating during emergencies such as health crises or other disruptions. “This would ensure job security, safeguard worker safety and maintain productivity during times of national or global emergencies,” the statement affirmed.
The disciplinary process will similarly be improved by ensuring that no disciplinary action is taken against an employee while a dispute is pending before the Labour Commission or Labour Court.
“This is designed to protect employees from unfair treatment during legal disputes. Further provisions in the Bill outline clearer procedures for resolving labour disputes,” it said, pointing at new measures requiring both parties to be present during mediation, as well as stricter timelines for resolving cases through arbitration.
The bill also seeks to enhance transparency and fairness in labour relations, by including changes to mechanisms for enforcing collective agreements and provide “clearer guidelines on compensation for employees who have been unfairly terminated.”
"These measures aim to ensure that disputes are resolved quickly and fairly, while offering better protection for workers' rights,” the statement of purpose affirms, underscoring the recognition of unpaid care work and its disproportionate impact on women.
It proposes instituting policies to address the redistribution of unpaid care work, enabling workers to take unpaid leave in case of emergencies or disasters, while A focusing on improving financial inclusion for women.
This will help to reduce barriers to women’s economic participation by ensuring better access to financial services, the preamble noted.
Changes to the Labour Institutions Act seek to improve the functioning of labour bodies such as the Labour Court and the Commission for Mediation and Arbitration.
Amendments to the Non-Citizens Employment Regulation Act are designed to streamline the hiring of foreign workers, particularly those holding shares in multiple companies, by removing administrative burdens.
The proposed amendments will be debated after the next reading and subsequently voted in its articles before being sent to the president for assenting the bill after its approval.
“If passed, the reforms will mark a significant shift in the country’s labour laws, focusing on gender equality, worker protection and creating a more inclusive and transparent work environment,” the statement of objectives underlines.
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