Thursday, 7 June 2012

News in SA- The implications from a labour relations Perspective


Introduction
The factors that impinge on all labour relations in South Africa are categorized into macro environmental influences and micro environmental influences as well as the environmental influences stated in the open systems framework developed by Craig (1975) which include economic, legal, political and social factors according to Finnemore and van Rensburg (2002: p. 17, p. 41-66). The following discussion and analysis will focus on the relevant factors of each of these influences relating to 3 articles sourced from the Mail and Guardian’s webpage. The first article focuses on President Jacob Zuma adopting a new focus on the South African infrastructure, similar to the Chinese model of state capitalism. The second focuses on Brent crude oil hitting the highest point in eight months, and the last article will focus on the labour law amendments aiming to end the exploitation of workers and governing employment. The amendments to labour law introduce laws to regulate contract work, address labour broking and prohibit abusive practices.

Article #1
“State of the Nation: Zuma adopts Chinese model”
President Jacob Zuma proposed his plan to adopt a new focus on infrastructure, similar to the Chinese model of state capitalism, during his State of the Nation address in Cape Town earlier this year. The outcomes of this programme include investing more state funds into state owned enterprises (SOE’s) like Eskom, Transnet, Sasol, Arcelor Mittal South Africa and Passenger Rail Association of South Africa as well as to take these parastatals and place them under one department in order to ensure tighter control of strategic assets in the economy to comply with the government's new growth path target of five-million jobs by 2020. An estimate of R1-trillion will be invested in the state capitalist programme. This will also imply that the government will take on a more activist role in the economy. The entire concept of state capitalism has investors and the private sector worrying, even worrying more than with the previous plan of nationalism by the state, and with good reason. According to Lubman (2012), the Chinese infrastructure is very complex and too often vaguely defined. He also notes that according to a recent paper by Curtis Milhaupt of Columbia Law School and Li-Wen Lin of Columbia University, titled the “black box”, the Chinese state capitalist model has some very concerning implications. According to the “black box” paper and a recent overview noted in the Economist, Chinese government enforce rules selectively in order to restrict and control all private-sector rivals as well as to block foreign investors from acquiring locally owned firms. Another serious implication is shareholders’ control or rather lack of control in SOE’s. An apparent lack of corporate transparency means that corporate misgovernment and corruption go unnoticed and do not allow for public, media or shareholder scrutiny.
How would our South African economy, according to a state capitalist model, run?
How, according to an open systems framework, would a state capitalist economy influence the parties involved, the structures, processes and outcomes of conflict resolutions, and the feed back of these outcomes into the environmental influences?
Firstly our South African economy and some macro environmental influences would be affected by the new system. In an extreme assumption even some parts of the Constitution of the Republic of South Africa, particularly the Bill of Rights section 32 - Access to information, would have to be altered to make way for a state capitalist economy. Other factors influenced would include government economic policies and the role of the media. Secondly this leads to a deduction as to why the Bill of Information would be tabled in Parliament. But all suspicions aside, a state capitalist system has both negative as well as positive aspects to it, such as job creation and economic development.
Focusing on the parties involved in an open systems framework, government, employees and employers would have to adopt new goals or form new ways of attaining those goals. For example, government would now have to play a more active role in the economy and this would involve competing fairly with privately owned enterprises. The government would shift from being a political and legal factor to being a competitor to the private sector which would be a direct influence on private sector employers and would create new challenges to those employers. Structures, processes and outcomes of conflict resolutions would thus also be influenced in a more subjective way because the state would then have to be inclined to resolve disputes or matters independently and objectively, removing itself from an autonomous, legislative platform to one that would ensure impartial outcomes for all parties involved, in order to achieve results of a democratic nature. This would seem nearly impossible in a state capitalist governed economy.
The question remains whether a system like state capitalism would truly succeed in a democratic country like South Africa, or whether it would suffocate democracy and independence all together.

Article #2
“Oil price on a high”
The price increases of Brent crude oil will always have major implications on any country’s economic challenges, which means that sub-factors like inflation, economic growth and productivity and wages according to Finnemore and van Rensburg (2002: p. 51-54) will affect companies and employees overall as these factors exercise  disruptions on these parties. Other macro environmental influences affected by the oil price are demographics, technological transformation and globalisation. In reference to demographics, South Africa’s unemployment rate would only worsen as job creation would decrease and job losses increase; in order to keep productivity costs low and because of a rise in oil price which would have a direct effect on the costs of productivity. Technological transformation would also be disrupted as companies’ focuses would move away from investing in technology and move onto the economic challenges of the rising oil price. This in turn, creates a lag between companies in developed countries and companies in developing countries and the lag would directly affect globalisation.
New conflicts between employers and employees would arise, as it does every time inflation rates go up in South Africa, concerning wage increases. These conflicts normally lead to strikes and decreased productivity levels. Strikes could have an impact on occupational safety, especially to those employees not belonging to unions and not actively participating in negotiations. According to Finnemore and van Rensburg (2002: p. 65-66), the media has a major influence on how the public perceives strikes and unions making them out to be plagues and threats, crippling service delivery and economic growth while at the same time creating the perception that companies and employers are the more legitimate and righteous party in such negotiations.
Considering all of the above mentioned views expressed, one could conclude that cultural diversity at the workplace would be influenced. Different cultural backgrounds, religions and existing barriers would cause people to interpret factors like inflation, globalisation, conflicts, and economic challenges, caused by high oil prices, differently.

Article #3
“Rushed labour Bills under fire”
Recent amendments to labour laws have been strongly criticised by employers of the private sector, with main concerns highlighting that it would affect productivity levels, productivity costs and job creation in the private sector negatively.
Reasons for these arguments mainly focus on laws stating that temporary workers should be employed on a fixed contract after a period of 6 months. This would hamper employers’ flexibility and lead to temporary staff being retrenched and new employees rehired after every 6 months. The amendments relating to negotiations and strikes also raise concerns as people and property are not protected sufficiently against these industrial actions. Changes procedures of unfair dismissal will also disrupt and delay employers’ abilities to adapt and adjust to changing market conditions.
The issues stressed above are influences in the macro as well as micro environment of labour relations. Economic challenges such as economic growth, job creation, productivity and wages are the main influences that will create new challenges for employers if the Bills are passed by Parliament. This also insinuates that political and legal factors are influencing labour relations since these changes are introduced as new legislation.
These legislative actions would impact globalisation and competitiveness in the global market for South African enterprises if their ability and pace to adapt and adjust to changes in the market place are delayed.



Conclusion
The macro and micro influences’ impacts, as well as the environmental factors’, stated in the open systems framework, effects become clearly visible in the analysis of the three articles discussed. The roles of different factors discussed clearly have a lot of influential power on labour relations as things like inflation and economic growth are directly impacted by the current oil price. One can also note that the amount of influence a country’s state possesses can have either beneficial opportunities or detrimental challenges to employers, investors and employees. The influences of a state can be determined by the type of governing style of a country’s economy; whether it is a state capitalist as opposed to market capitalist system. Situations are neatly summarized by considering the impacts of relevant factors from an industrial relations perspective.

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