Challenges facing the Department of Labour in implementing labour policy and labour legislation in the hospitality industry in South Africa

Abstract

This article sets out the relevant provisions of the Bill of Rights contained in the Constitution that form the basis of the constitutional mandate of the Department of Labour. These fundamental rights are further developed and refined in inter alia labour legislation as is mandated by the Constitution. The purposes of the various pieces of legislation as set out in the objects clauses of the legislation, which the Department of Labour has the duty to monitor and implement, are set out. These objects clauses form the foundational basis of not only the Department of Labour’s vision, mission and values, but also of its goals and functions in general. Having set out the relevant fundamental rights as set out in the Constitution and the legislative framework that the Department of Labour is mandated to monitor and implement, and the article then describes the Department of Labour’s policy mandate. Thereafter the functions and services of the Department of Labour are described. Given the mammoth task that the Department of Labour faces in overseeing the implementation of labour legislation and in providing strategic direction, leadership and administrative support services to the Ministry of Labour and the Department of Labour, it is not surprising that there are many practical challenges. These challenges are mostly a consequence of the characteristics of the labour market and include unemployment, labour unrest and discrimination in the workplace especially with regard to wages. The challenges in implementing and monitoring the relevant legislation in the socio-economic and political milieu as identified by the Department of labour are identified. These challenges are exacerbated in the hospitality industry. Finally, the way forward as envisioned by the Department of Labour’s latest strategic plan is briefly described.