For quite some time, the Office of the Labour Commissioner has observed that a significant number of trade unions and employers’ organisations have failed to submit required annual returns as mandated by the Labour Act. Alarmingly, some of these entities have not submitted a single annual return since their registration.

There are currently 47 trade unions and 17 employers’ organisations, including three trade union federations as well as three employers’ federations, registered with the Office of Labour Commissioner.

Section 57 of the Labour Act confers upon the Labour Commissioner the responsibility of registering trade unions and employers’ organisations. 

Section 60 of the Labour Act outlines obligations imposed on these entities, while section 61 outlines the procedures to be followed when the Labour Commissioner has reasons to believe that such entities are not complying with their statutory obligations.

“As of 1 September 2023, only five out of the 47 registered trade unions, along with two out of the 17 registered employers’ organisations, are in compliance with their registration obligations. This indicates that the majority of the entities are unequivocally in violation of their statutory obligations,” read a statement issued by acting commissioner Kyllikki Sihlalha on Friday. 

Sihlalha added that a number of the registered trade unions and employers’ organisations have been in default for an extensive period of time, and said, “It is disconcerting to note their persistent non-compliance with their registration obligations, despite their awareness of these responsibilities and repeated reminders from the Labour Commissioner to submit their annual returns”.

He further stated that the Labour Commissioner’s primary objective to take action is to enforce compliance with the statutory provisions of the Labour Act on or before 30 November 2023. 

“Failure to do so will result in the Labour Commissioner taking appropriate action against the defaulting trade unions and employers’ organisations in accordance with the provisions of the Labour Act,” Sihlalha warned.