Unemployment Insurance Bill: Finalisation; Labour Relations Amendment Bill, Basic Conditions of Employment Amendment Bill: delib

Meeting report

LABOUR PORTFOLIO COMMITTEE
26 October 2001
UNEMPLOYMENT INSURANCE BILL: FINALISATION; LABOUR RELATIONS AMENDMENT BILL, BASIC CONDITIONS OF EMPLOYMENT AMENDMENT BILL: DELIBERATIONS

Chairperson: Mr. S. Manie

Relevant Documents
Unemployment Insurance Bill: Committee Report (see Appendix 1)
Proposed Amendments to Basic Conditions of Employment Amendment Bill, Labour Relations Amendment Bill & Unemployment Insurance Bill (see Appendix 2)
Basic Conditions of Employment Amendment Bill (B70 - 01)
Unemployment Insurance Bill (B3 - 01)
Labour Relations Amendment Bill (B77 - 01)

SUMMARY
The Unemployment Insurance Bill was voted on and reported with amendments. The DP, IPF and NNP raised objections to Clause 3 of the Bill. The Department of Labour completed outlining the additional proposed amendments to the Basic Conditions of Employment Amendment Bill and the Labour Relations Amendment Bill.

MINUTES
The Chair urged members that the Unemployment Insurance Bill be finalised and voted on that day to enable it complete the legislative process before the end of this year. The Department of Labour was then instructed to complete deliberations on the other two Bills.

Basic Conditions of Employment Amendment Bill
Ms Seftel of the Department of Labour dealt with the proposed additional amendments to the Basic Conditions of Employment Amendment Bill. Committee members agreed to all the proposed amendments made by the Department of Labour.

Labour Relations Amendment Bill
Ms Seftel went through the Department's proposed amendments to the Bill which the Committee did not find to be contentious other than the proposals for Clauses 22 and 48.

Clause 22
The proposed amendment to this clause by the Department of Labour was met with opposition from both ANC and DP members. The proposed amendment to this clause would read:

"(k) the right of any person or category of persons to represent any party in any conciliation or arbitration proceedings;
(l) the circumstances in which the Commission may charge a fee in relation to any conciliation or arbitration proceedings or for any services the Commission provides, and . . . ."

The Chair, however, commented that as Business South Africa and the Department of Labour had concurred on this, there should be no problem with this proposal. Mr. Moonsamy (ANC) agreed with the Chair on this issue.

Ms Thabethe (ANC) said that on the motivation provided by Business South Africa, she was prepared to compromise and agree to this amendment. She urged other committee members to follow suit.

Clauses 36 to 39
This clause dealt with Labour Court judges and was met with much opposition by the Department of Justice who strongly opposed this proposed amendment. The Department of Labour indicated that they had been involved in extensive discussions around this issue with the Minister of Justice. The Chair suggested that Clause 36 to 39 be flagged and stand over until next year pending discussions with the Minister on this issue. All parties agreed.

Clause 48
This clause, dealing with Section 189(2) of the Labour Relations Act stated the following: "The employer and the other consulting parties must in the consultation envisaged in subsections (1) and (3) engage in a joint-consensus seeking process and attempt to reach consensus . . . ."

COSATU was of the opinion that the word "meaningful" needed to be added to the words "joint-consensus seeking process". However, this suggestion had been rejected by legal advisors on the grounds that it would be difficult for a Court to establish what is "meaningful".

The Chair remarked that one of the functions of the Courts was to interpret legislation.

A State Law Advisor advised that no precedence to date existed on this issue and could only create discord for a Court to determine what is "meaningful".

Ms Thabethe (ANC) was of the opinion that the word be included and should the need arise later, that it be amended. Mr. Moonsamy (ANC) concurred with the Chair's opinion that the interpretation of the word "meaningful" should be left to the Courts to interpret. Mr. Clelland (DP) disputed this view and commented that by including this word, they would not be fulfilling their duty as a legislature.

The Chair commented that the role of the Courts was to interpret legislation and therefore it should be left to the Courts to establish what is meaningful and what is not. He added that the word as applied in this specific context related to a particular situation. He urged members to make a decision on this issue at the earliest possible convenience so that it may be finalised.

Unemployment Insurance Bill - voting
Support was received for the proposed amendments by all parties except the DP, who wished to register their vote against the 24 hour per month employment period as contained in Clause 3(1)(a) and recommended that it be increased to 34 hours per month. The ANC disagreed with this suggestion. The IFP and the NNP raised objection to Clause 3(1)(c) of the Bill on the grounds that it excluded civil servants.

The Chair went through all the rest of the clauses of the Bill and no objections were raised by members.

Mr. Blaas (NNP) suggested that the Department of Labour make a copy of the Bill [B3A-2001] available to all members inclusive of the proposed amendments before the Bill is voted on. The ANC supported this recommendation.

The Chair advised that this was not conducive to the time constraints placed on the Committee to deal with the labour legislation. To accommodate all parties, the Chair suggested that the Committee vote on the Bill that day and the Department of Labour would make the Bill with the Portfolio Committee amendments available to members on 30 October 2001 for finalisation. All parties agreed and the Bill was reported with amendments and a resolution (see Appendix 1).

In conclusion, the Chair commented that excellent progress had been made by the Committee and he asked that the Committee be on short notice to finalise proceedings.

Appendix 1:
Report of the Portfolio Committee on Labour on the Unemployment Insurance Bill [B 3 - 2001] dated 26 October 2001:

The Portfolio Committee on Labour, having considered the subject of the Unemployment Insurance Bill [B 3 - 2001] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 3A - 2001].

The Committee, having heard and considered evidence, further wishes to report as follows:

A. Introduction
1. The Committee extended an invitation to interested and affected parties to submit written and oral representations on the Bill, by placing and advertising in the media during the weekend of 11 March 2001.

2. The public hearings were scheduled for 19 and 20 March 2001. Submissions were received from the following parties:

(a) Mrs B Bird (written)
(b) Black Sash (written and oral)
(c) Business South Africa (written and oral)
(d) Centre for International and Comparative Labour and Social Security Law (written and oral)
(e) Commission on Gender Equality (written and oral)
(f) Community Constituency (written)
(g) Congress of South African Trade Unions (COSATU) (written and oral)
(h) Disabled People South Africa (DPSA) (written and oral)
(i) Pan African Lawyers for Human Rights (written)
(j) Payroll Authors Group (PAG) (written and oral)
(k) South African Catholic Bishops' Conference (written and oral)
(l) South African Council of Churches (written and oral)
(m) South African Domestic Service & Allied Workers Union (SADSAWU) (written and oral)
(n) The Federation of Unions of South Africa (FEDUSA) (written and oral)
(o) Women on Farms Project (written and oral)

3. The Committee reiteriates its commitment to continue working with all stakeholders to ensure that Parliament remains accessible, transparent and accountable.

4. The Committee expresses its appreciation to the parties who contributed to the process of the public hearings.

B. Findings

During the public hearings, concerns were raised about the exclusion of public servants, set out in clause 3(1)(c) of the Bill. After consultation with the government on this matter, the majority of Committee members agreed that, given the urgency of finalising this draft legislation, the provisions in the Bill should remain. However, the Committee sympathises with the view that public servants should be covered.

C. Recommendations
Because of the concerns raised during the public hearings, the Committee requests:

1. That the Minister of Labour, in consultation with the Ministers of Finance and of the Public Service and Administration, investigate the possibility of including public servants as well as the financial implications thereof under the Unemployment Insurance Fund. This investigation should be completed within nine months and a report should be presented to the Committee on the outcome of the said investigation.

2. That the Minister of Labour, in consultation with the office of the Presidency and the Commission on Gender Equality (CGE), investigate the current formulation of maternity rights as set out in section 24 of the Bill, in order to ensure full coverage for the most vulnerable workers, as well as the financial implications thereof under the Unemployment Insurance Fund. This investigation should be completed within nine months and a report should be presented to the Committee on the outcome of the said investigation.

D. Conclusion
Political parties represented in the Committee and parties that appeared before the Committee were unanimous about the need for this legislation to be passed by Parliament.

Appendix 2: Proposed additional amendments to all three Bills
AMENDMENTS PROPOSED: BASIC CONDITIONS OF EMPLOYMENT AMENDMENT BILL [B70-2001]

NEW CLAUSE
1. Section 28(2)(b) of the principal Act is deleted.

CLAUSE 9
2. On page 5, in line 3, omit 'the'.

3. On page 5, in line 4, before 'employees' insert 'the';

4. On page Sin line 4, omit "overtime, meal intervals,".

5. On page 5, on line 8, before 'determination' insert 'the';

6. On page 5, in line 11, after 'sought' insert 'and the majority of employees in the sector are not members of a registered trade union'.

CLAUSE 10
7. On page 5, in line 24, omit 'contained' and substitute 'of employment'.

AMENDMENTS PROPOSED: LABOUR RELATIONS AMENDMENT BILL [B77-2001]

CLAUSE 3
1. On page 3, in line 33, to omit "domestic" and to substitute "home

CLAUSE 4
2. On page 3, line 47, to omit 'a bargaining council: and to substitute 'bargaining councils'.

CLAUSE 7
3. On page 4, in line 41, after "which" to insert "in terms of section 49(1) of the Basic Conditions of Employment Act".

4. On page 4, in line 41 - 42, omit 'a contract of'.

5. On page 4, in line 43 - 44, omit "in terms of section 49(1) of the Basic Conditions of Employment Act".

6. On page 4, in line 52, to omit "Commission" and to substitute "council".

7. On page 4, from line 52, to insert

"(b) If a party to an arbitration in terms of this section, that is not a party to the council, objects to the appointment of an arbitrator in terms of paragraph (a), the Commission, on request by the council, must appoint an arbitrator.

(c) If an arbitrator is appointed in terms of sub~paragraph (b) -

(i) the Council remains liable for the payment of the arbitrator's fee; and

(ii) the arbitration is not conducted under the auspices of the Commission."

CLAUSE 9
8. On page 6, in line 3, to omit 'Application to establish statutory council' and to substitute 'Disputes between bargaining councils in public service'.

CLAUSE 12
9. On page 7, in line 8, to insert -

"Unless otherwise agreed to in a collective agreement," before "Sections 1 42A".

10. Amend footnote 11 to the principal Act by inserting after "disputes" in the first line of the footnote "contemplated by subsection (3)".

11. Amend footnote 11 to the principal Act by inserting after "disputes" in the second paragraph of the footnote "contemplated by subsection (3)".

CLAUSE 15
12. On page 8, in line 11, omit 'needs' and substitute 'need'.

CLAUSE 17
13. On page 8, in line 25, omit "any".

14. On page 8, in line 25 to 26, omit "in contemplation or in furtherance of the strike or lock-out".

CLAUSE 22
15. On page 10, in line 30, omit 'and';

16. On page 10, from line 30, insert-

"(k) the right of any person or category of persons to represent any party in any conciliation or arbitration proceedings;

(I) the circumstances in which the Commission may charge a fee in relation to any conciliation or arbitration proceedings or for any services the Commission provides, and"

17. On page 10, in line 31, renumber paragraph (k) as (m).

18. On page 10, from line 34, omit subsection (2B).

CLAUSE 30

19. On page 12, in line 12 omit "to the Commission";

20. On page 12, in line 12, omit "for" and substitute "to".

21. On page 12, in line 15, omit sub-paragraph (c) and insert-"The Commission may on good cause shown waive the requirement in
sub-paragraph (b) and pay to the witness the prescribed witness fee."

CLAUSE 36
22. On page 13, from line 43 onwards, omit clause 36.

CLAUSE 37
23. On page 14, from line 1, omit clause 37.

CLAUSE 38
24. Page 14, from line 7, omit clause 38.

CLAUSE 39
25. On page 15, from line 1, omit clause 39.

CLAUSE 40
26. On page 15, in line 53, omit "either".

CLAUSE 45
27. On page 16, in line 23 - 24, omit "of employment" and substitute "or circumstances at work".

CLAUSE 47
28. On page 17, in line 1, omit "inquiry into allegations about employee's conduct and capacity" and insert "pre-dismissal arbitration".

29. On page 17, in line 4, omit "inquiry" and substitute "arbitration".

30. On page 17, in line 11, omit 'an inquiry in terms of this section' and substitute 'a pre-dismissal arbitration'.

31. On page 17, in line 13, omit 'inquiry' and substitute 'arbitration'.

32. On page 17, in line 16, omit "an inquiry in terms of this section" and substitute "a pre-dismissal arbitration".

33. On page 17, in line 18, omit "inquiry" and substitute "arbitration in terms of this section".

34. On page 17, in line 26, omit "inquiry conducted" and substitute "arbitration".

35. On page 17, in line 32, omit "inquiry" and substitute "arbitration".

36. On page 17, in line 34, omit "inquiry" and substitute "arbitration".

On page 17, after line 37, insert-

"(9) An arbitrator conducting an arbitration in terms of this section must, in the light of the evidence presented and by reference to the criteria of fairness in the Act, direct what action, if any, should be taken against the employee.

(1 0)(a) A private agency may only conduct an arbitration in terms of this section if it is accredited for this purpose by the Commission

(b) A council may only conduct an arbitration in terms of this section in respect of which the employer or the employee is not a party to the council, if the council has been accredited for this purpose by the Commission.

CLAUSE 48
38. On page 18, in line 17, insert "in writing" before "all".

39. On page 18, in line 37, after "arbitrator" insert "or the Labour Court".

CLAUSE 49
40. On page 19, in line 17, omit "dispute" and substitute "dismissal".

41. On page 19, after line 22, insert-"(c) the consulting parties may agree to vary the time periods for
facilitation or consultation."

42. On page 19, in line 36, omit sub-paragraph (b).

On page 19, in line 40, omit sub-paragraph (a) and substitute
"(a) the time period, and the variation of time periods, for facilitation."

44. On page 19, in line 48, omit 'of the termination of ' and substitute 'to terminate'.

45. On page 19, in line 48, omit 'contract' and substitute 'contracts'.

46. On page 19, in line 52, omit 'of contract of employment'.

47. On page 19, in line 57, omit 'the' and substitute "a".

48. On page 19, in line 57, before 'Commission', insert "a".

49. On page 19, in line 58, omit "a".

50. On page 20, in line 2, omit 'of termination of and substitute 'to terminate'.

51. On page 20, in line 2, omit 'contract' and substitute 'contracts'.

52. On page 20, in line 6, omit 'of the contract of employment'.

On page 20, from line 13 omit "sub-section (10) and substitute
"10(a) A consulting party may not-
(i) give notice of a strike in terms of this section in respect of a dismissal, if it has referred a dispute concerning whether there is a fair reason for thrat dismissal to the Labour Court;

(ii) refer a dispute about whether there is a fair reason for a dismissal to the Labour Court, if it has given notice of a strike in terms of this section in respect of that dismissal.

If a trade union gives notice of a strike in terms of this section -

(i) no member of that trade union, and no employee to whom a collective agreement concluded by that trade union dealing with consultation or facilitation in respect of dismissals by reason of the employers' operational requirements has been extended in terms of section 23(1)(d), may refer a dispute concerning whether there is a fair reason for dismissal to the Labour Court;

any referral to the Labour Court contemplated by subparagraph (i) that has been made, is deemed to be withdrawn.

54. On page 20, in line 27, omit sub-paragraph (b) and substitute -"(b) subject to subsection 2(a), section 65(1) and (3);"

On page 20, after line 46, insert -

"(d) make an award of compensation, if an order in terms of sub- paragraphs (a) to (c) is not appropriate".

56. On page 20, from line 49, omit sub-paragraph (b).

57. On page 20, in line 58, omit 'a'.

58. On page 21, in line 8, omit "an operational" and substitute 'a'.

CLAUSE 50
59. On page 21, in line 42, before "time" insert "relevant".

60. On page 21, in line 46, omit 'at any stage after' and substitute 'once'.

61. On page 21, in line 52, after 'conditions' insert 'or circumstances'.

62. On page 21, in line 53, omit 'of' and substitute 'at'.

63. On page 22, in line 5, omit 'section' and substitute 'subsection'.

64. On page 22, in line 21, omit 'the' and substitute 'a'.

CLAUSE 51
65. On page 22, in line 36, omit 'a'.

CLAUSE 52
On page 22, from line 41, omit sub-section (1) and insert-

"(1) The compensation awarded to an employee whose dismissal is
found to be unfair either because the employer did not prove that the reason for dismissal was a fair reason relating to the employee's conduct or capacity or the employer's operational requirements or the employer did not follow a fair procedure, or both, must be just and equitable in all the circumstances, but may not be more than the equivalent of 12 months' remuneration calculated at the employee's rate of remuneration on the date of dismissal."

On page 22, after line 51 insert-

"(3) The compensation awarded to an employee in respect of an unfair labour practice must be just and equitable in all the circumstances, but not more than the equivalent of 12 months remuneration

CLAUSE 53
On page 23, in line 3 - 4, omit 'or undertaking' and insert', "undertaking or service".

On page 23, from line 24, omit sub-paragraph (3) and substitute -

"3(a) The new employer complies with subsection (2) if that employer
employs transferred employees on terms and conditions that are on the whole not less favourable to the employees than those on which they were employed by the old employer.
(b) Sub-paragraph (a) does not apply to employees if any of their collective agreement."

On page 23, in line 33, after 'satisfied' insert footnote 53a with the following text -

"Section 14(i)(c) of the Pensions Funds Act requires the registrar to be
satisfied that any scheme to amalgamate or transfer funds is reasonable and equitable, and accords full recognition to the rights and reasonable benefit expectations of the persons concerned in terms of the fund rules, and to additional benefits which have become established practice."

On page 23, from line 45, omit subsection 6 and insert -

6(a) An agreement contemplated in subsection (2) must be in writing
and concluded between -

(i) either the old employer, the new employer, or the old and new employers acting jointly, on the one hand; and

(ii) the appropriate person or body referred to in section 189(1), on the other.

(b) In any negotiations to conclude an agreement contemplated by paragraph (a), the employer or employers contemplated in subparagraph (i), must disclose to the person or body contemplated in sub-paragraph (ii), all relevant information that will allow it to engage effectively in the negotiations.

(c) Section 16(4) to (14) applies, read with the changes required by the context, to the disclosure of information in terms of paragraph (b)."
72. On page 23, in line 57, after 'employer' insert 'in the event of a dismissal by reason of the employer's operational requirements'.

CLAUSE 54
73. On page 24, in line 29, omit "and" and substitute "or".

74. On page 24, in line 37, insert 'provisional' before 'winding-up'.

75. On page 24, line 39, before 'rights' omit 'the'.

CLAUSE 55
76. On page 25, after line 37, insert -"(4) NEDLAC must prepare and issue a Code of Good Practice that
sets out guidelines for determining whether persons, including those who earn in excess of the amount determined in subsection (2) are employees."

CLAUSE 59
77. On page 27, in line 8, omit 'regulations made by the Minister in terms of section 11 5(2B)(a) and substitute 'rules made by the Commission in terms of section 11 5(2A)(k)'.

78. On page 27, in line 11, after 'repealed' insert ', and any reference in this item to those sections is a reference to those sections prior to amendment by the Amendment Act.

79. On page 27, in line 20, omit 'inquiry' and substitute 'arbitration'.

80. On page 28, from line 49, omit item 32.

CLAUSE 60
81 On page 29, in line 26, omit 'code' and substitute 'Code'.AMENDMENTS PROPOSED: UNEMPLOYMENT INSURANCE BILL [B3-2001]CLAUSE I 1. On page 5, after line 12 to insert the following definition: "child" means a person as contemplated in section 30(2) who is under the age of 21 years and includes any person under the age of 25 who is a learner and who is wholly or mainly dependent on the deceased.2. On page 5, from line 30, to omit the definition of "employee" and to substitute: "employee" means any person who works for another person and who receives any remuneration or to whom any remuneration accrues, but excludes an independent contractor;3. On page 5, in line 34, to omit "5(2)(a)" and to substitute "4(2)(a)"4. On page 5, from line 36, to omit the definition of "employer" and to substitute: "employer: means any person, including a person acting in a fiduciary capacity, who pays or is liable to pay to any person any amount by way of remuneration, and any person responsible for the payment of any amount by way of remuneration to any person under the provisions of any law or out of public funds, excluding any person who is not acting as a principal.5. On page 6, from line 10, to omit the definition of "remuneration" and to substitute: remuneration" means any amount which is paid or is payable to any person by way of any salary, leave pay, allowance, wage, overtime pay, bonus, fee, emolument or stipend in respect of services rendered.6. On page 6, after line 21, to insert the following definition: "seasonal worker" means any person who is employed by an employer for an aggregate period of at least three months over a 12 month period with the same employer and whose work is interrupted by reason of a seasonal variation in the availability of work. CLAUSE 3 1. On page 6, in line 44 to omit paragraph (e)2. On page 6, from line 45 to omit subsection (2) and to substitute: 2.(a) The Minister must, as soon as possible after this Act takes effect, designate or appoint a body which must seek to investigate and make recommendations regarding the application of this Act to domestic and seasonal workers.3. On page 6, in line 48, to omit "18and to substitute "12". CLAUSE 10 1. On page 8, in line 31, to omit "sectionand to substitute "sections 16 and"2. On page 8, in line 31, after "1999)," to insert "in order to cover any deficit in the Fund".CLAUSE 13 1. On page 9, in line 35, to omit "dividing the monthly remuneration by 30,33" and to substitute: "multiplying the monthly remuneration by 12 and dividing it by 365".2. On page 9, in line 36 to omit "dividing the weekly remuneration by 7" and to substitute: "multiplying the weekly remuneration by 52 and dividing it by 365".CLAUSE 14 1. On page 10 from line 6, to omit "or disability grant". 2. On page 10, from line 14, to omit the paragraph (iv)CLAUSE 15 1. On page 10, in line 29, to omit "application in terms ' of section 17and to substitute "unemployment". CLAUSE 16 1. On page 10, from line 37, to omit paragraph (a) and to substitute: (a) the reason for the unemployment is (I) the termination of the contributor's contract of employment by the employer of that contributor or the ending of a fixed term contract. (ii) the dismissal of the contributor, as defined by section 186 of the Labour Relations Act, 1995 (Act No.66 of 1995), or (iii) insolvency in terms of the provisions of the Insolvency Act, 1936 (Act No. 24 of 1936).2. On page 11 in line 6, to omit ", dates and places " and to substitute "and dates"CLAUSE 17 1. On page 11, in line 20, to omit "good" and to substitute "just"2. On page 11, in line 27, to omit "weekly" 3. On page 11, in line 30, to omit "and where".CLAUSE 18 I. On page 11, in line 41 to omit "claims officer" to substitute "applicant at the time of application"2. On page 11, in line 42, to omit ", without good reason, refuses to accept 1.On page 11, in line 4g to omit "employee" up to and including "illness" in line 50 and to substitute: "contributor ceases to work as a result of the illness."CLAUSE 20 1. On page 12, from line 10 to omit paragraph (a).2. On page 12, line 15, after "Chapter" to insert "or adoption benefits in terms of Part E of this Chapter; or", 3. On page 12, in line 16, to omit "good" and to substitute "just" CLAUSE 21 1. On page 12, in line 22, to omit "in " each week ofand to substitute "for".2. On page 12, in line 23, to omit "weekly".3. On page 12, in line 25, to omit "weekly". CLAUSE 22 1. On page 12, in line 43, to omit "weekly".CLAUSE 23 1, On page 12, in line 53, to omit "claims officer" and to substitute "applicant at the time of application"CLAUSE 24 1. On page 13, in line 4, to omit "confinement" and to substitute "delivery and the period thereafter,"2. On page 13, in line 9, to omit "in each week of" and to substitute "for".3. On page 13, in line 10, to omit "weekly"4. On page 13, in line 12, to omit "weekly."5. On page 13, in line 14, to omit "in confinement" and to substitute "on maternity leave"6. On page 13, in line 17, to omit "once she has been confined" and to substitute "during the third trimester".CLAUSE 25 1. On page 13, in line 22, to omit "confinement" and to substitute "childbirth".2. On page 13, in line 27, to omit "confinement" and to substitute "childbirth".3. On page 13, in line 29, to omit" regarding 4. On page 13, in line 34, to omit "weekly".CLAUSE 26 1. On page 13, in line 43, to omit "claims officer" and to substitute "applicant at the time of application" CLAUSE 27 1. On page 14, in line 5 to omit "maternityand to substitute "adoption"2. On page 14, in line 6, to omit "in each week of" and substitute "for".3. On page 14, in line 7, to omit "weekly". 4. On page 14, in line 10, to omit "weekly".CLAUSE 28 1. On page 14, in line 26, to omit "weekly". CLAUSE 29 1. On page 14, in line 36, to omit "claims officer" and to substitute "applicant at the time of application"CLAUSE 30 1. On page 14, in line 43, to omit "good" and to substitute "just"2. On page 14, in line 49, after "spouse" to insert "or life partner".3. On page 14, in line 50, after "spouse" to insert "or life partner".4. On page 14, in line 52, to omit "weekly" 5. On page 14, from line 55, to omit subsection (4). CLAUSE 31 1. On page 15, in line 14, to omit "weekly". CLAUSE 32 1. On page 15, in line 25 to omit "claims officer" and to substitute "applicant at the time of application"CLAUSE 35 1. On page 15, from line 43, to omit subsections (2) and (3) and to substitute: (2) If the Commissioner determines that a person contemplated in subsection (1) has been paid benefits in error or in excess of the person's entitlement, the Commissioner must, within eighteen months of the date of the determination, make a written demand for repayment from that person.(3) A written demand contemplated in subsection (2) must include-(a) a statement of the amount paid in error;(b) an explanation as to why that person was ineligible to receive the funds; and(c) evidence that the person to whom the demand is addressed actually received the funds.(4) The persons contemplated in subsection (1) must refund the amount within 90 days of the written demand.CLAUSE 37 1. Clause to be rejected.NEW CLAUSE 1. That the following be a new Clause 37 to follow clause 36Disputes relating to payment or non-payment of benefits 37.(1) A person who is entitled to benefits in terms of this Act may appeal to the appeals committee of the Board if that person is aggrieved by a decision of-(a) the Commissioner to suspend such person's right to benefits; or (b) a claims officer relating to the payment or non-payment of benefits.(2) A person who is dissatisfied with the decision of the appeals committee may refer the matter for arbitration to the CCMA.CLAUSE 48 On page 18, after line 6, to add the following subparagraphs (iii) policies for minimising unemployment; and (iv) the creation of schemes to alleviate the effects of unemployment;CLAUSE 49 1. On page 18, in line 22, to omit "four": and to substitute "three".2. On page 18, in line 23, to omit "four" and to substitute "three".3. On page 18, in line 24, to omit "and" and to insert the following paragraph:(c) three members must be nominated by NEDLAC to represent organisations of community and development interests; and4. On page 18, in line 25, to omit "four": and to substitute "three".5. On page 18, in line 40, to omit "good" and to substitute "just"CLAUSE 50 1. On page 18 in line 50, after "Boardto insert", which must include an appeals committee".CLAUSE 52 1. On page 19, in line 33, to omit "Department of Finance" and to substitute "National Treasury".CLAUSE 57 1. On page 20, after line 48, to add the following subsection:(3) (a) In order to determine the payment of benefits in terms or this Act, the Commissioner may access any information on a database of the State that contains information regarding social security. (b) For purposes of paragraph (a) the Commissioner must co-operate with other State institutions to link their respective databases.CLAUSE 68 1. On page 24, in line 27, after "section" to insert", section 69". NEW CLAUSE 1. That the following be a new clause to follow clause 68:Persons regarded as Contributors for purposes of Act69.(1) The Minister may, after receipt of an application in a prescribed form and with the concurrence of the Board, by notice in the Gazette, declare that as from a date specified in the notice any specified class of persons, or any person employed in any specified business or section of a business or in any specified area, must be regarded as contributors for purposes of this Act.(2) The procedure referred to in section 55(1) applies with the necessary changes to a notice issued under subsection (1)SCHEDULE 2 Schedule to be replaced.NEW SCHEDULE 1. That the following be a new Schedule: SCHEDULE 3 1. On page 28 in line 11, to omit "R93 " and to substitute "R97 188".2. On page 28, from line 13, to omit Table One and to substitute: U.I. BILL 22 OCTOBER 2001 DOMESTIC AND SEASONAL WORKERS - INVESTIGATION AND REGULATIONS SECTION 3- SECTION ON INVESTIGATION 3(1) Despite subsection (1), this Act will only apply to domestic and seasonal workers and their employers on a date determined by the President by proclamation in the Gazette and in accordance with the recommendations of the body appointed in terms of subsection (2), 12 months after this act will take effect.3(2) (a) The Minister must as soon as possible after this section takes effect designate or appoint a body which must seek to investigate and make recommendations regarding administration of the Act in respect domestic and seasonal workers. (b) The investigation must be concluded within 42 months from the date that the Act takes effect. (c) The Minister must consult the Board on the outcome of the investigation.288" : " the applicant's period of confinement"."and to substitute "receives unemployment benefits and without just reason refuses to accept appropriate,"CLAUSE 19 " "