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

• 1.Facilitated Dismissal Without Due Process
• Small Business Loophole: The Draft Code allows small business 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, striping them of their fundamental rights to representation, formal hearings, or cross-examination.
• 2.⁠ 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.
• 3.Dismissals for “Incompatibility”
• Vague and Subjective Grounds: The term “incompatibility introduces as 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.