Maria David
THE office of the Labour Commission has issued a stern warning to non-compliant trade unions and employers’ organizations to submit their Annual Returns to the Labour Commissioner within six months after the end of their financial year.
According to Acting Labour Commissioner Kyllikki Sihlahla, this is in accordance with section 60 of the Labour Act, Act No. 11 of 2007 where all trade unions and employers’ organizations are expected to adhere to the regulation in place.
Sihlahla indicated that defaulting trade unions and employers’ organizations were duly notified of the potential consequences such as the cancellation of their registrations or the Labour Court suspending their registrations pending compliance, should they fail to meet the deadline of 30 November 2023.
“The window for compliance remains open until 30 November 2023, and there would be no extension thereafter,” said Sihlahla.
In September, Sihlahla said that it was observed that only five out of the 47 registered trade unions, as well as two out of the 17 registered employers’ organizations, were in compliance with their registration obligations.
This starkly indicated the majority’s non-compliance with the applicable statutory obligations.
Further, by last Friday, Sihlahla said that the situation persists, with only seven of the 47 registered trade unions and three of the 17 registered employers’ organizations having fulfilled their registration obligations.
Sihlahla said this continued non-compliance is a matter of serious concern.
Moreover, Sihlahla explained that annual returns, as mandated by section 60 of the Act, must be submitted using Form LC 9, and the submission must be accompanied by a statement of income and expenditure for the relevant year, a balance sheet reflecting the financial position at year-end, and an annual audit report prepared by a registered public accountant and auditor registered in terms of the Public Accountants’ and Auditors’ Act, 51 of 1951, or an auditor approved by the Labour Commissioner.
“Failure to comply within the stipulated time frame will result in appropriate action being taken by the Labour Commissioner. It is strongly advised that immediate attention be given to fulfilling these obligations to avoid legal consequences,” added Sihlahla.
Sihlahla added that a comprehensive plan of action, outlining the steps to be taken in accordance with section 61 of the Labour Act, will be devised in December 2023.
