PETITION TO THE DEPARTMENT OF HEALTH

ENFORCEMENT OF SECTION 197 OF THE LABOUR RELATIONS ACT

SUBMITTED BY: Sekhukhune Security Crisis and Demand Forum and 

Affected Security Officers deployed at Department of Health facilities

(Clinics, Hospitals, and EMS

TO:

The Head of Department

Department of Health

[Province / District]

SUBJECT:

Petition for the Enforcement of Section 197 of the Labour Relations Act Following the Expiry of Security Services Contracts in March

INTRODUCTION

We, the undersigned security officers currently deployed at various Department of Health facilities, hereby submit this petition concerning the impending termination of security service provider contracts at the end of March.

This petition is submitted to prevent unlawful dismissals, loss of employment, and violation of workers’ rights, and to ensure full compliance with Section 197 of the Labour Relations Act, 66 of 1995.

BACKGROUND

The Department of Health currently appoints private security companies to provide guarding services at its facilities.

These contracts are scheduled to come to an end in March.

New security service providers will be appointed to continue rendering the same security services at the same facilities, without interruption.

The service will therefore continue as a business operating as a going concern.

LEGAL FRAMEWORK

Section 197 of the Labour Relations Act provides that:

When a business is transferred as a going concern, the new employer automatically takes over the employees of the old employer on the same terms and conditions of employment.

The security industry has repeatedly been recognised by the CCMA and Labour Courts as falling squarely within the scope of Section 197 when contracts change but services continue.

COLLECTIVE RESPONSIBILITY

We wish to place it on record that the responsibility to implement Section 197 is NOT individual, but collective, and rests jointly on the following parties:

The Department of Health (the client)

The outgoing (handover) security service providers

The incoming (taking-over) security service providers

Each of the above parties has a legal duty to ensure that workers’ rights are protected during the transition.

NOTICE OF INTENDED CCMA ACTION

We hereby formally notify the Department of Health that should Section 197 not be enforced, the following parties will be cited jointly at the CCMA:

Department of Health

Outgoing / handover security companies

Incoming / taking-over security companies

Failure by any one party to comply with Section 197 will render all responsible parties jointly and severally liable for:

Unfair dismissal

Loss of employment

Loss of income, benefits, and years of service

No party will be permitted to shift blame or avoid accountability.

OUR DEMANDS

We therefore demand that the Department of Health:

Formally enforce Section 197 in all security contract transitions

Ensure automatic transfer of all affected security officers

Guarantee continuity of employment, including:

Recognition of years of service

Retention of wages, ranks, and benefits

Prohibit the practice of forcing workers to reapply for their positions

Include mandatory Section 197 compliance clauses in all new security contracts

Communicate this directive in writing to all outgoing and incoming service providers

FAILURE TO COMPLY

Should the above demands not be met, we will proceed without further notice to:

Refer the matter to the CCMA

Escalate the dispute to the Department of Employment and Labour

Seek appropriate relief through the Labour Court

Pursue all lawful collective actions available to workers

CONCLUSION

Security officers are essential to the safety of health facilities, staff, patients, and public assets. We therefore call upon the Department of Health to lead by example and ensure strict compliance with labour legislation.

We request a written response within seven (7) working days of receipt of this petition.