METAL MINING AND ALLIED WORKERS’ UNION OF SOUTH AFRICA (MMAWUSA)Joins the National Campaign to Scrap Anti-Worker Labour Law Amendments
MMAWUSA, unequivocally opposes the recently proposed amendments to South Africa’s labour laws, particularly the Draft Code of Good Practice on Dismissal. As an Independent union we believe that these regressive changes, crafted behind closed doors, constitute a blatant attack on the rights and dignity of workers—a betrayal of the values that underpin our nation’s hard-won labour protections.
As we speak, workers are struggling with companies that exploit exemptions, refusing to comply with bargaining council conditions and frustrating efforts to secure fair and equitable working environments. Among the troubling proposals is the recommendation that companies employing fewer than 50 workers be exempted for two years from complying with bargaining council conditions. This exemption not only undermines collective bargaining structures but also creates a breeding ground for worker exploitation.
Anti-Worker Provisions in the Draft Code
- Facilitated Dismissal Without Due Process
• Small Business Loophole: The Draft Code allows small businesses to dismiss workers without disciplinary hearings or investigations. Shockingly, the term “small business” is undefined, creating opportunities for large corporations to exploit this loophole through restructuring or outsourcing.
• Informal Dismissals: Workers could face termination following mere written exchanges, stripping them of their fundamental rights to representation, formal hearings, or cross-examination.
- Weakened Protections for Workers on Probation
• No Performance Reviews: Employers can terminate probationary workers without offering performance assessments, feedback, or opportunities for improvement.
• Lack of Representation: Probationary workers are denied union representation during dismissal discussions, leaving them isolated and vulnerable.
• No Investigation: Employers are no longer required to investigate performance issues or explore alternatives such as training or mentorship
.
- Dismissals for “Incompatibility”
• Vague and Subjective Grounds: The term “incompatibility” introduces an arbitrary basis for dismissal, allowing employers to target workers under the pretext of not “fitting in.”
• Removal of Safeguards: Employers are no longer obliged to consider alternative roles, workplace adjustments, or corrective measures before dismissal.
MMAWUSA’s Stance: Standing Firm Against Injustice
MMAWUSA is resolute in rejecting these amendments, which dismantle the rights of workers, tip the balance of power overwhelmingly in favour of employers, and threaten decades of progress achieved through collective action and democratic reform.
This is not just a legal battle—it is a fight against a broader neoliberal agenda aimed at weakening unions, casualizing labour, and exploiting the vulnerable under the guise of “efficiency” and “flexibility.”
As a union committed to organizing small and medium companies in the metal and engineering industry, we are deeply concerned about the proposed exemption that allows companies employing fewer than 50 workers to disregard bargaining council conditions for two years. Such measures undermine collective bargaining structures and create conditions for unchecked exploitation. We must stand firm and united in rejecting these provisions, which threaten the very workers we aim to empower.
A Call to Action
MMAWUSA calls on all its members to lead the charge in resisting these regressive changes. We urge our members to join the picket lines and mobilize within their communities to amplify the fight for worker justice.
This is also a call to our comrades—workers across all sectors, trade unions, and progressive forces. Join the Scrap Labour Amendments Campaign to demand fairness, justice, and dignity in the workplace. Together, we can resist these unjust laws and protect the future of workers in South Africa.
Let us stand united to safeguard our rights, our security, and our futures!
No to Dismissals Without Hearings!
No to Exploitation of Probationary Workers!
No to Incompatibility as a Weapon Against Workers!
Yes to Worker Representation, Fairness, and Justice!
Statement Issued by MMAWUSA