The Office of the Labour Commissioner says over 40 trade unions and 15 employers who have failed to submit their annual returns have until November this year or will face litigation and deregistration.
As of 1 September 2023, only five out of the 47 registered trade unions and two out of the 17 registered employers’ organisations are in compliance with their registration requirements, Acting Labour Commissioner Kyllikki Sihlahla has revealed.
She highlighted serious concerns regarding non-compliant trade unions and employers’ organisations, emphasising that they could face legal consequences if they do not meet their obligations under the law.
“Currently, there are 47 trade unions and 17 employers’ organisations registered with the Office of the Labour Commissioner, including three trade union federations and three employers’ federations,” Sihlahla said.
The Acting Labour Commissioner expressed alarm at the extent of non-compliance, with some organisations failing to submit any annual returns since their initial registration.
“The Labour Act (11 of 2007) clearly mandates these organisations to submit their annual returns. This is not an optional requirement; it’s a legal obligation that they must fulfil. This is a breach of their statutory obligations, and it cannot be ignored,” Sihlahla said.
She noted that section 57 of the Labour Act grants the Labour Commissioner the authority to deregister trade unions and employers’ organisations.
“Section 60 outlines the specific obligations these entities must adhere to, while Section 61 outlines the procedures for addressing non-compliance. This demonstrates that the majority of these entities are unequivocally in violation of their statutory obligations,” Sihlahla said.
She also expressed concern about the prolonged non-compliance of certain trade unions and employers’ organisations despite repeated reminders.
“We have been in contact with them to stress the importance of fulfilling their responsibilities, but their disregard for the law is troubling. Failure to comply will result in us taking appropriate action, as outlined in the Labour Act, to uphold the law and protect the rights of all parties involved,” she said.
The Acting Labour Commissioner’s primary objective in addressing this issue is to ensure compliance with the statutory provisions of the Labour Act by 30 November 2023.
