Chapter Nine: Employment Conditions Commission

59. Establishment and functions of Employment Conditions Commission

1. The Employment Conditions Commission is hereby established.

2. The functions of the Commission are to advise the Minister--

   1. on sectoral determinations in terms of Chapter Eight;
   2. on any matter concerning basic conditions of employment;
   3. on any matter arising out of the application of this Act;
   4. on the effect of the policies of the government on employment;
   5. on trends in collective bargaining and whether any of those trends undermine the purpose of this Act;
   6. and the Minister for Welfare and Population Development, on any matter concerning the employment of children, including the review of section 43;
   7. and the Minister for the Public Service and Administration, on any matter concerning basic conditions of employment in the public service.



3. The Commission may draw up rules for the conduct of its meetings and public hearings.

4. Subject to the laws governing the public service, the Minister must provide the Commission with the staff that the Minister considers necessary for the performance of its functions.

5. The Minister must direct the Director-General to undertake research that is required to enable the Commission to perform its functions.

6. The expenses of the Commission are to be met by money appropriated by Parliament for that purpose and which is subject to audit by the Auditor-General, referred to in section 188 of the Constitution.

60. Composition of Commission

1. The Minister must, after consultation with NEDLAC, appoint as members of the Commission three persons who are knowledgeable about the labour market and conditions of employment, including the conditions of employment of vulnerable and unorganised workers, and designate one of them as the chairperson.

2. The Minister must, in addition, appoint to the Commission--

   1. one member and one alternate member nominated by the voting members of NEDLAC representing organised labour;
   2. one member and one alternate member nominated by the voting members of NEDLAC representing organised business.



3. The chairperson and members of the Commission--

   1. must be citizens or permanent residents of the Republic;
   2. must act impartially when performing any function of the Commission;
   3. may not engage in any activity that may undermine the integrity of the Commission; and
   4. must recuse themselves from advising the Minister on any matter in respect of which they have a direct financial interest or any other conflict of interest.



4. The Minister must determine--

   1. the term of office of the chairperson and members of the Commission, which may not be more than three years;
   2. with the concurrence of the Minister of Finance, the remuneration and allowances to be paid to members of the Commission; and
   3. any other conditions of appointment not provided for in this section.



5. The Minister must appoint a member to act as chairperson whenever--

   1. the chairperson is absent from the Republic or from duty, or for any reason is temporarily unable to function as chairperson; or
   2. the office of chairperson is vacant.



6. A person whose period of office as the chairperson or a member of the Commission has expired is eligible for reappointment.

7. The chairperson or a member of the Commission may resign in writing.

8. The Minister may remove the chairperson or a member of the Commission from office for--

   1. serious misconduct;
   2. permanent incapacity; or
   3. engaging in any activity that may undermine the integrity of the Commission.

61. Public hearings

The Commission may hold public hearings at which it may permit members of the public to make oral representations on any matter that the Commission is considering in terms of section 59(2).

62. Report by Commission