By Neo Kolane
Trade unions have fired a broadside at a proposed law calling for a comprehensive framework for regulating employment relations in the country, saying it will violate the rights of workers.
They also labelled Labour Bill, 2024 – which further calls for fundamental principles and rights – a law of slavery, if passed in its current form.
The unions told theReporter in interviews this week that while they generally welcomed the bill, they are against the proposal to increase employees’ working hours to serve the interests of employers.
The bill is currently before the parliamentary economic cluster.
It also seeks to promote fair labour practices and ensuring that the welfare and rights of both employers and workers are respected. The proposed law will apply to any employment relationship in the private and public service. It repeals the Labour Code Order, 1992.
It will also promote the use of best labour practices and standards, address labour relations dichotomy between the public sectors and labour relations system by extending coverage to the public sector.
A group of six trade unions; National Clothing Textile and Allied Workers Union, Independent Democratic Union of Lesotho, Construction, Mining, Quarrying and Allied Workers Union (CMQ), United Textile Employees, Lesotho Electricity and Water Authority and Lentsoe La Sechaba Workers Union, says workers will be turned into ‘slaves’ if the bill is passed as it allows for more working hours.
The ‘big six’ are against some sections of the bill, specifically ordinary hours of work and overtime and its enforcement.
The workers’ representatives said while the Labour Code Order of 1992 is very clear on the number of hours an employee is supposed to work per day and week, the proposed law is ambiguous.
The Labour Bill, 2024, Section 195 states that “there shall be ordinary hours of work which shall be 195 hours in a month with a provision for overtime, and 260 hours in a month with no provision for overtime for specific sectors”.
However, according to the unions, the bill does not specify the number of hours an employee should work per week, leaving this to employers.
It is also silent on the number of hours that employees can work in overtime, they said.
They further noted that many sections in the Bill were the same as the current law, except for the working hours.
Monageng Mokaoane from Lentsoe la Sechaba Workers’ Union said they do not understand why the bill seeks to increase the amount of working hours when workers are satisfied with the current law.
‘The Labour Code Order of 1992 does not violate our rights as it is specific on the hours to be worked in a day or week. Now the proposed law does not say anything about this,” he said.
CMQ secretary general, Robert Mokhahlane, shared the same sentiments.
He said the bill does not state the number of hours, thus giving the employer a right to decide on the time employees will work.
Mokhahlane pointed out that that should not be the case, as a law is meant to be clear and detailed.
He said rightfully, workers have to be consulted through the National Advisory Committee on Labour (NACOLA), which advices the minister on labour laws but that was not the case.
“This is where the government and employers voted against the rights of employees.”
Mokhahlane said employers will maximize their profits through increased working hours. Besides, it is not easy to reach the 195 hours per month recommended by the bill.
The principal secretary of the ministry of labour and employment, Palesa Matobako, said she is surprised by the trade unions’ remarks as they are part of NACOLA.
Matobako said the unions should have raised the matter before the committee instead of complaining now.
She further indicated that a meeting on the same matter will be held today involving trade unions, and NACOLA which comprise employers, employees and the government.
“If they do not want us to change the law, then it will not change because we are directed by them,” Matobako said.
A labour lawyer, Ntsane Lesenyeho, said the international standard of overtime has to be calculated at three hours in one day or 10 hours per week, which is the maximum permissible overtime.
Lesenyeho said the minute a worker is expected to work for more than three hours overtime, the employer is anticipated to pay that employee a ‘lot of money’, M1,500 times more the normal week rate.
“I think that Bill’s calculations are wrong, because they (employers) know that they will not be able to afford and the employees will not be able to work those increased new hours,” he explained.
Lesenyeho opined that it was still too early to criticise the Bill before it passes through the legal processes in parliament and passed into law.
Privatelyowned labour law and industrial relations company, Tharollo Consultancy, explained that Lesotho has undertaken some reforms in labour administration and law in general.
“The reforms did not occur overnight. Extensive social partners’ engagements were done. Administrative reforms were at least realised and in some instances amendment of the law was realised,” it said.
The company also noted that moves to amend the Labour Code 1992 started as far back as 2006.
It added that in recent discussions there were issues specifically on the formulation of provisions relating to hours of work and issues of maternity leave or payment thereof.
“A host of others are still not settled to be included in the proposed legislation. The most critical thing is to establish an all-encompassing labour administration system that combines private labour law and public service labour law systems.
“This is in line with the setup established by government where the ministries and labour and public service are jointly managed. The law should respond to this development to properly administer the new combined labour system in Lesotho,” Tharollo Consultancy said in a past theReporter column.
It called on the social partners to adopt measures to complete labour law reforms through institutional mechanisms. This would provide professional guidance and resources to drive the reforms.
The company further noted that the parties should move fast as Lesotho is under pressure to complete labour law reforms before the implementation of the Millennium Challenge Corporation (MCC) Compact II this month. “With this slow pace of progress, it would be impossible to achieve that milestone,” it added.
