Schedule 5: Amendment of Laws

1. Amendment of section 1 of Basic Conditions of Employment Act

Section 1 of the Basic Conditions of Employment Act is hereby amended by the substitution for subsection (3) of the following section-

"(3) The Mines and Works Act, 1956 (Act No. 27 of 1956), the Wage Act , 1957 (Act No. 5 of 1957), the Manpower Training Act, 1981 (Act No. 56 of 1981) and the Labour Relations Act, 1995, as well as any matter regulated under any of them in respect of an employee , shall not be affected by this Act, but this Act shall apply in respect of any such employee in so far as a provision thereof provides for any matter which is not regulated by or under any of the said Acts in respect of such employee.".

2. Amendment of section 35 of Occupational Health and Safety Act, 1993

Section 35 of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), is hereby amended-

  1. by the substitution for the words "industrial court", wherever they occur in subsection (3), of the words "Labour Court"; and

  2. by the substitution for subsection (4) of the following subsection-

    "(4) Any person who wishes to appeal in terms of subsection (3), shall within 60 days after the chief inspector's decision was given, lodge the appeal with the registrar of the Labour Court in accordance with the Labour Relations Act, 1995, and the rules of the Labour Court.".

3. Amendment of Section 2 of Pension Funds Act, 1956

Section 2 of the Pension Funds Act, 1956 (Act No. 24 of 1956) is hereby amended by the substitution for subsection (1) of the following subsection:

1. The provisions of this Act shall not apply in relation to any pension fund which has been established or continued in terms of a collective agreement concluded in a council in terms of the Labour Relations Act, 1995 (Act No. 66 of 1995), before the Labour Relations Amendment Act, 1998, has come into operation, nor in relation to a pension fund so established or continued and which, in terms of a collective agreement concluded in that council after the coming into operation of the Labour Relations Amendment Act, 1998, is continued or further continued (as the case may be). However, such a pension fund shall from time to time furnish the registrar with such statistical information as may be requested by the Minister.

4. Amendment of Section2 of Medical Schemes Act, 1967

Section 2(1) of the Medical Schemes Act, 1967 (Act no 72 of 1967), is hereby amended by the substitution for paragraph (g) of the following paragraph:

  1. shall, subject to the provisions of subsection (2A) apply with reference to--

    1. a particular medical scheme established or continued in terms of a collective agreement concluded in a council in terms of the Labour Relations Act, 1995 (Act No 66 of 1995), before the Labour Relations Amendment Act, 1998, has come into operation;
    2. a particular medical scheme which was established or continued in the circumstances mentioned in subparagraph (i) and which, in terms of a collective agreement so concluded in that council after the coming into operation of the Labour Relations Amendment Act, 1998, is continued or further continued (as the case may be),

only if the Minister, at the request of the Minister of Labour and by notice in the Gazette, has declared the said provisions to be applicable with reference to such a particular medical scheme;

5. Amendment of Section 1 of Insurance Act, 1943

Section 1(1) of the Insurance Act, 1943 (Act No. 27 of 1943), is hereby amended by the substitution for paragraph (d) of the definition of 'insurance business' of the following paragraph:

  1. any transaction under the Labour Relations Act, 1995 (Act No. 66 of 1995);

6. Amendment of Section 2 of Friendly Societies Act, 1956

Section 2(1) of the Friendly Societies Act, 1956 (Act No. 25 of 1956), is hereby amended by the substitution for paragraph (g) of the following paragraph:

  1. the relief or maintenance of members, or any group of members, when unemployed or in distressed circumstances, otherwise than in consequence of the existence of a strike or lockout as defined in section 213 of the Labour Relations Act, 1995 (Act No. 66 of 1995);

6. Amendment of Section 2 of Friendly Societies Act, 1956

Section 2(1) of the Friendly Societies Act, 1956 (Act No. 25 of 1956), is hereby amended by the substitution for paragraph (g) of the following paragraph:

  1. the relief or maintenance of members, or any group of members, when unemployed or in distressed circumstances, otherwise than in consequence of the existence of a strike or lockout as defined in section 213 of the Labour Relations Act, 1995 (Act No. 66 of 1995);

7. Amendment of Section 3 of Friendly Societies Act, 1956

Section 3(1) of the Friendly Societies Act, 1956, is hereby amended by the substitution for paragraph (a) of the following paragraph:

  1. which has been established or continued in terms of a collective agreement concluded in a council in terms of the Labour Relations Act, 1995. However, such a friendly society shall from time to time furnish the registrar with such statistical information as may be requested by the Minister;
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